SFK’s Terms of Service
Last Updated July 28, 2020
Please read the terms and conditions of this Agreement carefully before accessing our Services. By accessing our Services, you agree to be bound by all terms and conditions contained in this Agreement. If you do not agree to be bound by the terms and conditions of this Agreement you must immediately discontinue access to and use of the Services. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD AND UNCONDITIONALLY AGREE TO BE BOUND BY EACH AND EVERY TERM AND CONDITION OF THIS AGREEMENT AND THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT WILL APPLY EACH TIME YOU ACCESS OUR SERVICES. CONTINUED ACCESS TO OR USE of the Services after notice of modification of the Services signifies your acceptance of the Agreement and any modification or revision thereto.
Acceptance of Terms.
Eligibility. By accessing and using our Services, you represent and warrant that (a) you are at least eighteen (18) years of age or older; (b) if entering into this Agreement on behalf of a company or other legal entity, you have the authority to bind such entity to the terms and conditions of the Agreement (in which case the terms “you” and “your” shall refer to such entity); (d) you are not a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are a resident or from which you access or use the Services; and (e) all information provided by you as part of your use or continued use of the Services is accurate. If you are unable to fulfill all of these requirements, you must immediately stop all use of, and terminate your access to, the Services.
Minors. We do not permit persons under the age of 18 to access or use our Services. If you are under the age of 18 you must stop your use of our Services immediately. SFK does not knowingly solicit or collect personally identifiable information (“Personal Data”) online from children under the age of 13. If SFK learns that the Personal Data of a child under the age of 13 has been submitted on our Services, we will take all reasonable measures to delete such information from our databases and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required by law).
Privacy & Security
Registration. Registration is not required to access and use the Services. However, some features of the SFK Services require you to register a user account. Registration requires you to provide a valid e-mail address and a password.
User Information. In order to fully access the SFK Services, you must register an account and provide personal identifying information, including, without limitation, your full name, e-mail address, telephone number, mailing address, and billing address. We reserve the right, in our sole discretion, to deny registration of a user account, prohibit or deny you access to the Service (or any part thereof), with or without prior notice.
Inactivity and Improper Use. SFK further retains the right to cancel unconfirmed user accounts or accounts that have been inactive for more than twelve (12) months or are considered to be deceptive or misleading, without prior notice.
Account Security. You are responsible for safeguarding the password that you use to access the Services and for all activity that occurs under your account. We encourage you to use “strong” passwords (a password that uses a combination of upper and lower-case letters, numbers and symbols) with your account and to periodically change your password as an additional security measure. You may not share your account information with another person or use another user’s account. You are solely responsible for protecting any confidential or Personal Data sent from or stored on any computer, mobile phone or mobile device as a result of your use of the Services. You agree to immediately change your password and notify SFK of any suspected or unauthorized access associated with your use of the Services or any other breach of security.
You acknowledge that SFK may or may not pre-screen and/or monitor content posted on our Services, and that SFK shall have the right to remove, edit, move or close, in whole or in part, any thread or posting in any blog and/or similar feature on our Services at any time for any reason, in SFK’s sole discretion. You agree to act responsibly and to treat other users with respect. Any user who engages in prohibited conduct may be removed or blocked from use of the Services. While not an exhaustive list, you agree not to:
· modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of SFK’s Intellectual Property, including all SFK Content contained on the Services;
· reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
· remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices of SFK, including any copy thereof;
· use meta tags or code or other devices containing any reference to SFK’s Content and Services (or any existing trademark, trade name, logo or slogan of SFK), to any person or entity or website or mobile application for any purpose;
· remove, disable, circumvent, or otherwise create or implement any workaround to any copy right protection, rights management, or security features in or protecting SFK’s Content and Services;
· use “bots,” “spiders,” “crawlers,” website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” probe, scan, test the vulnerability of any system or network or breach or otherwise circumvent the intended functionality of the Content and Services;
· forge headers or otherwise manipulates identifiers in order to disguise the origin of any information transmitted to or through our Content and Services (either directly or indirectly through use of third party software);
· misrepresent yourself, your age, or your affiliation with any person or entity, impersonates any person or entity, makes false or misleading statements;
· disrupt, interfere with or inhibit the operation or use of the Services by others in any way, through any means or device, including, but not limited to, “spam,” “viruses,” “worms,” or other computer codes, files or programs, or by other means;
· post any message that contains any Personal Data such as messages which identify phone numbers, social security numbers, account numbers, addresses or employer references or chain letters of any kind;
· collect, store, or solicit information about other users for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, and the like, without SFK’s prior consent;
· upload, transmit, post, email, or otherwise may available any content that contains material originally posted by another user that is reposted without permission or attribution;
· upload, transmit or engage in “junk mail,” “spam,” “chain letters,” “Pyramid schemes,” or other unsolicited messages;
· interfere with, or inhibit any other user from using the SFK Content or Services, including stalking, intimidation, harassment, incitement of (or attempted) violence to or toward any user or to a Minor in any form; or
· that otherwise violates any term of this Agreement in any manner.
Visitors and users of our Services are further responsible for taking the precautions necessary to protect themselves and their computer systems from malicious software and other harmful or destructive content. SFK disclaims any responsibility for any harm resulting from the use by visitors or users of our Services, or from any downloading or clicking of links in User Content posted by those visitors or users. Your sole remedy is to stop viewing the User Content. If you believe in good faith another user is violating this Agreement you may email us regarding such conduct at [email protected].
SFK reserves the right, in its sole discretion, to terminate your license, remove your User Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to User Content or use of the Services that SFK reasonably believes is or might be in violation of this Agreement. Failure or delay in taking such actions does not constitute a waiver of our rights to enforce this Agreement.
SFK’s Intellectual Property Rights.
Copyright Spirituality For Kids International, Inc. All Rights Reserved. Text, User Content, graphics and HTML code are protected by U.S. and international copyright laws. SPIRITUALITY FOR KIDS, SFK, and all trademarks, service marks, logos, and trade names (collectively the “Marks”), including, but not limited to, those Marks displayed or used on the Services, whether or not in large print or with the trademark symbol, are registered or common law trademarks of SFK, or Associated Parties, and are protected under federal and international trademark laws. Nothing contained in this Site or this Agreement grants any right to use, misuse, copy, reproduce, download, transmit, modify or distribute any of the Marks without the prior written permission of SFK, or that of the respective owner. SFK reserves the right to protect its Marks under the fullest extent of the law if prior written permission is not obtained.
Nothing contained in this Site or this Agreement grants any right to use any of the Marks without our prior written permission or that of the respective owner.
All materials on the Services, including, without limitation, the text, audio, video and all User Content, are copyrighted by us and/or by other applicable rights holders under Title 17, U.S.C, as amended, and its international equivalent counterparts, including but not limited to the European Union Copyright Directive, unless otherwise noted. You may download and reprint a single copy of the materials from the Service for your own personal, noncommercial use only, provided you (1) include all applicable copyright and proprietary notices and disclaimers, (2) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single back up copy for your own back-up purposes), and (3) do not create any derivative works based on the Service or the content or other material, in whole or in part, and do not use the content or other material in any unlawful manner. Downloaded or reprinted materials shall not be reposted or distributed or otherwise shared with any person or third party. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s). Without limiting the foregoing, the copying, redistribution, reposting, publication, adaptation or alteration of any part of this Site in connection with any enterprise or plan for same is prohibited without prior written permission from us, which may be withheld in our sole discretion. The use of any the materials presented on and through the Services or on any networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark, and other similar laws.
Third Party Materials.
To the extent SFK Services displays, includes, or makes available third-party content (including data, information, applications, and other products, services, and/or materials) or provides links to third-party websites or services, including through third-party advertising (“Third-Party Materials”), you acknowledge and agree that SFK is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. SFK does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions
Ownership. SFK does not claim ownership of the User Content that you post or upload, input or submit to our Services. “User Content” mean data, text, files, information, usernames, images, links, tags and other material you may submit to our Services.
License Grant. To operate and provide the Services we require certain licenses from you to your User Content. You hereby grant SFK an irrevocable, unrestricted, non-exclusive, worldwide, royalty-free, fully-paid up, sub-licensable, and transferrable license to host, use, publicly display, exhibit, distribute, edit, modify, transmit, retransmit, reproduce, and translate the content as needed in response to user driven actions on or through any media, technology or device now known or hereafter developed. Examples of how we may use your User Content under the license you have granted us includes, without limitation, to i) display your User Content on our Services; or (ii) for archival purposes or preservation of your User Content for legal proceedings, investigations or disputes.
User Content. You understand and agree that the User Content you post or upload to the Services will be stored for an indefinite period of time on SFK’s servers. You are responsible for ensuring that any files uploaded to our servers is free of corruption and contain no viruses or malicious software. You warrant and represent that any User Content you upload to our Services does not breach any applicable law and will not damage user computer systems, software or hardware devices or contain any malicious or contaminated files, software or content.
Public Access. When you post User Content in the any community area on our Services, including in response to any blog posting, you understand that this User Content may be viewable by the public. You agree that you are solely responsible for any User Content or information posted. Therefore, it is recommended that any User Content you store or submit to our Services be tasteful and reflective of community standards.
Removal. In our sole discretion, SFK may or may not monitor any User Content you upload and post, accept or reject your User Content or delete your User Content, with or without notice, that includes, without limitation, when, in our determination, you may have violated the terms of this Agreement or any applicable laws or regulations. SFK will not be liable for any use or disclosure of your User Content to anyone, including, without limitation, users and visitors of the SFK Services, or intellectual property owners providing a notice of claimed infringement.
Because every child deserves the benefit of social and emotional education, we offer Users of our Services the opportunity to complete our certification program to become a Certified Facilitator and share our educational curriculum with others. Our Certification Program is subject to an approval of your application by SFK and the terms and conditions of the Certification Program which are incorporated herein by reference. You may find more information regarding our Certification Program at https://sfk.org/programs/certification.
SFK Products and Services.
You may purchase SFK’s products on our Services through a credit card or debit card using the authorize.net API, Stripe API or through PayPal as described in Section 10. Purchased products will automatically be available upon signing into your account. SFK does not provide refunds in the event of a price reduction or promotional offering of any product. Products may be returned for within thirty (30) days of purchase for a full refund. Any returned product must be removed from your computer system and mobile devices.
You expressly understand and agree that SFK shall not be liable for any payments and monetary transactions that occur through your use of the Services. You expressly understand and agree that all payments and monetary transactions are handled by PayPal, Stripe or authorize.net, as selected by you. You agree that SFK shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including PayPal, Stripe or authorize.net.
You are responsible for all transactions (one-time, recurring, and refunds) processed through the Services and/or PayPal, Stripe or authorize.net. SFK is not liable for loss or damage from errant or invalid transactions processed with your PayPal, Stripe or authorize.net account. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.
You understand that SFK uses both the PayPal API, Stripe API and authorize.net API to run the Services and that the PayPal API, the Stripe API and the authorize.net API are subject to change at any time and such changes may adversely affect the Services. You understand and agree to not hold SFK liable for any adverse effects that result from actions (whether intentional or unintentional) on the part of PayPal, Stripe or authorize.net that may cause harm to your PayPal account, your SFK account, or your business.
You must not process stolen credit cards or debit cards, or unauthorized credit cards or debit cards through PayPal, Stripe, authorize.net or your SFK account
Educational Purposes Only; No Guarantee of Success.
SFK educational materials are intended for general information and educational purposes only and are solely related to the subject matter covered. Reliance upon any information provided by or through our Services, including SFK Content and any User Content is at your own risk and on an “as is” basis. Our educational materials are sold with the understanding that SFK is sharing this information for informational purposes only and that the success of these educational materials will vary from individual to individual. Before using any information or technique presented through our Services for any physical, psychological or medical issue, you should first seek the advice of a qualified professional. The sole objective of SFK is to offer information of a general nature to assist you in your pursuit of emotional and spiritual well-being.
Term and Termination.
Term. The term of this Agreement commences when you access our Services and acknowledge your acceptance of the terms of this Agreement and will continue in effect until terminated by you or SFK as set forth in this Section 12.
Termination by You. You may terminate this Agreement by notifying SFK at [email protected]. and deleting all copies thereof from your computer system and mobile devices.
SFK Termination. SFK may terminate this Agreement at any time without notice if it ceases to support the Services, which SFK may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
Termination of Your Rights. Upon termination all rights granted to you under this Agreement will immediately terminate; and you must cease all use of the SFK Services.
Survival of Terms. The following sections shall survive the termination of this Agreement: Section 5 (SFK’s Intellectual Property Rights); Section 15 (Indemnification); Section 16 (Disclaimer); Section 17 (Limitation of Liability); Section 21 (Notice); Section 26 (Governing Law and Jurisdiction); Section 27 (Legal Claims); Section 28 (Limitation on Time to File Claims); Section 30 (Feedback and Suggestions); and Section 32 (General Provisions) shall survive the termination of this Agreement. No other provisions of this Agreement will survive the termination of this Agreement.
SFK takes the intellectual property rights of others seriously and expects you to do the same while using our Services. We will respond to notices of copyright infringement that comply with the requirements of the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. § 512).
Take Down Notice. If you believe in good faith that your Content transmitted or distributed through use of our Services infringes one or more of your copyrights, you, or your representative, may provide us written notice (“Take Down Notice”) and include the following information:
· A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed (including a hyperlink to said work(s), if available), or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that website;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material (including a hyperlink to said work(s));
· Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an e-mail;
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, his/her/its agent, or the law; and
· A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you are the owner of the alleged infringing User Content and believe in good faith that a notice of copyright infringement has been wrongly submitted against you, you may submit a counter-notice as provided in our full Copyright Policy, available at https://sfk.org/copyright.
If a counter-notice is received by the Copyright Agent, SFK may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the user content provider or user, the removed User Content may be replaced, or access to SFK’s Services restored, at SFK’s sole discretion.
Sending Notice. Any Take-Down Notice or counter-notice (collectively “Notice”) must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/title17/92appb.html for details. Any Notice regarding our Services must be sent to:
Any Notice regarding SFK Content and/or Services must be sent to:
Spirituality For Kids International, Inc.
Attention: Copyright Agent
1925 Century Park East
Los Angeles, CA 90067
Email: [email protected]
Warning. Giving false, misleading or inaccurate information in a Notice to SFK may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
Representations and Warranties.
Each party represents and warrants that it/he/she has the legal power and authority to enter into this Agreement. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Services and that your billing information is correct.
You agree to indemnify, defend, and hold harmless SFK and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the SFK Services or your breach of this Agreement, including, but not limited to, the User Content you submit or make available through the SFK Services. SFK shall not be obligated to indemnify or defend you as regards any third-party claim arising out of or relating to your use of our Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, SFK AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY CONTENT CONTAINED ON THE SERVICES. SFK AND ITS MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRIBUTOR(S), LICENSORS, LICENSEES, SERVICE PROVIDERS, AND OTHER AFFILIATES (COLLECTIVELY “ASSOCIATED PARTIES“) DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (D) ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY SFK AND ASSOCIATED PARTIES.
NO OPINION, ADVICE, OR STATEMENT OF SFK OR ANY ASSOCIATED PARTY, WHETHER MADE ON THE SERVICES, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED HEREIN. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON SFK’S SERVICES.
Limitation of Liability.
TO THE FULLEST EXTENT PERMIT BY LAW, IN NO EVENT SHALL SFK’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU FOR THE PRODUCT OR SERVICE PURCHASED. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICES, THE SFK TECHNOLOGY OR CONTENT, INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF SFK’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SFK SERVICES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SFK CONTENT OR SERVICES OWNED OR CONTROLLED BY SFK AND ASSOCIATED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. IN NO EVENT WILL SFK’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED $149.00 OR THE PURCHASE PRICE PAID FOR ANY PRODUCT AT ISSUE, WHICHEVER IS LESS.
BY ACCESSING THE SFK SERVICES YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF CALIFORNIA CODE § 1542, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Certain states and/or jurisdictions outside the United States do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
Local Laws and Export Control.
The Services provide services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of other applicable countries. You acknowledge and agree that the Service shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States or any other applicable country maintains an embargo (collectively, “Embargoed Countries“), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals“). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. and other applicable export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. The Service may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000. SFK and its licensors make no representation that the Services is appropriate or available for use in other locations. If you use the Services from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the SFK Content or User Content contrary to United States or other applicable law in your jurisdiction is prohibited.
Communications, Notices, and Newsletters.
You may opt in to receive news and information regarding our products and any promotional offers or informational newsletters (collectively “Communications”). As we appreciate your time is valuable such Communications will be solely for products and services offered by SFK. You may “opt out” of receiving future marketing and other communications from SFK at sending an e-mail to [email protected] at any time. SFK users will always receive account related emails, such as administrative notices and service announcements or changes regarding policies governing use of our Services.
Interruption of Service.
We reserve the right to update, modify, suspend, discontinue or close, temporarily or permanently, the Services (or any part thereof) at any time with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. To protect the integrity of the Services, we reserve the right at any time, in our sole discretion, to block users from certain IP addresses from accessing the Services. Transactions conducted through the Internet may be subject to interruption, blackout, delay or error. SFK shall not be responsible in any way for loss of accuracy or timeliness of any message sent or transaction conducted through this Service arising from or in relation to any malfunctions in communication facilities that are out of the control of SFK.
All notices, consents, demands, waivers, and other communications (each, a “Notice”) must be in writing and addressed to the Party not giving notice. Notice to SFK shall be sent to: Spirituality for Kids International, Inc., 1925 Century Park East, Suite 1700, Los Angeles, CA 90067, (or to such other address that may be designated by SFK from time to time in accordance with this Section 21). SFK will send notices to you at the physical address or email address you provide on the application or such other address as you designate. All Notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), or e-mail (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in this Agreement, a Notice is effective only: (i) upon delivery, if by hand; (ii) after two (2) business days, if sent by express mail or courier; or (iii) upon transmission, if sent by email with read receipt.
All communications and notices made or given pursuant to this Agreement will be in the English language. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict.
Taxes and Third-Party Fees.
The fees listed for services and products are exclusive of all taxes, levies, or duties imposed by taxing authorities. You are solely responsible for and must pay all applicable taxes, and any applicable third-party fee (such as telephone charges, mobile carrier fees, ISP charges, data plan charges, SMS and third-party payment processing fees) that may result from your use of our Services.
If you are a business in a jurisdiction that collects value-added tax (“VAT”) you must provide SFK your VAT registration number, and the name and principal address of your business so that we may comply with all VAT invoicing regulations.
Changes to this Agreement.
As SFK grows, we might have to make changes to this Agreement from time-to-time, so we reserve the right, in our sole discretion, with or without notice, to amend, add, remove, or otherwise modify this Agreement at any time (a “Change“). Any Change to this Agreement will be effective immediately upon posting and you will be required to review and accept any Change in these terms before you may use the SFK Services. Your continued use of the SFK Services after notification of any Change to this Agreement constitutes your acceptance of the Change and you will be legally bound by the updated terms of this Agreement. You may always review a copy of the most recent version of this Agreement, with any Change thereto, at https://sfk.org/terms-of-service/. If you do not accept any Change to this Agreement, you may no longer use our Services.
Assignment; Change in Control.
This Agreement may not be assigned by you without the prior written approval of SFK but may be assigned without your consent by SFK to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
Governing Law and Jurisdiction.
All matters relating to the Services and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any arbitration proceeding, legal suit, action, or proceeding arising out of, or related to, this Agreement shall be instituted exclusively in the federal courts of the United States located in the Central District of California or the courts of the State of California located in Los Angeles County, California although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country if you reside outside the United States. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts, including all forum non conveniens defenses.
Dispute Resolution. Customer service is important to us, so we ask that you first try to resolve your dispute by contacting us. If we cannot informally resolve your dispute within a thirty (30) day period, you agree that all disputes between you and SFK arising out of or relating to this Agreement (including any alleged breach) will be resolved as provided in this Section.
Disputes in the United States and Non-European Member States.
Arbitration. Any dispute or claim relating in any way to your use of any SFK Content and Services, or to any User Content through SFK’s Services will be resolved by binding arbitration, and the U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this Agreement. You understand that YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT AND TO HAVE A TRIAL BY JUDGE OR JURY, to assert or defend any claims between you and SFK (except for matters brought in small claims court or entitled to equitable relief as described below) BEFORE A JUDGE OR JURY. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction over the parties. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement.
The American Arbitration Association (“AAA”) will administrate the arbitration in accordance with its rules. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration will be conducted by one arbitrator, as agreed on by you and SFK (and if you and SFK cannot agree within twenty (20) days, appointed in accordance with the American Arbitration Associations’ Rules). The arbitrator shall be a disinterested attorney or retired judge experienced in e-commerce and/or intellectual property matters. Such arbitration shall include discovery proceedings as provided under Section 1283.05 of the California Code of Civil Procedure. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’ native language, with simultaneous translation into English at the expense of the party presenting the witness. You may choose to have the arbitration conducted by telephone, based on written submissions, or in the city of Los Angeles, in Los Angeles County, in the State of California, USA.
Small Claims Action. If your claim meets the requirements to file a small claims action, you may file your claim in the small claims court in the city where you reside. To the extent state law applies, California law shall govern without regard to or application of the conflict of law provisions of your state or country of residence.
Equitable Relief. You acknowledge and agree that a breach or threatened breach by you of any of your obligations under Section 5 would cause SFK irreparable harm for which monetary damages would not be an adequate remedy and agree that, in the event of such breach or threatened breach, SFK will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Attorney Fees. In any arbitration or court action between the parties to enforce this Agreement or the rights of the parties hereunder, the prevailing party in such action (as determined by the arbitral panel or court) will be entitled to receive a reasonable sum for its attorney’s fees and all other reasonable costs and expenses incurred in such action or suit.
No Class Action. You agree to give up your right to participate in a class action or class proceeding, including class arbitration, limited attorney general action, or other representative action or proceeding.
Disputes in European Member States and Switzerland.
This Agreement is governed by and construed in accordance with the laws of the State of California, USA. SFK both agrees to submit to the non-exclusive jurisdiction of the courts of the federal and state courts located in Los Angeles County, in the State of California, USA, which means that you may bring a claim to enforce your consumer protection rights in connection with this Agreement in California or in the EU country in which you live or Switzerland. If you are a resident of any European Union country or Norway, Iceland and Liechtenstein, the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. If you would like to bring a matter to our attention, please contact us at [email protected].
Limitation on Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
To the extent the jurisdiction in which you reside does not permit a shortening of the time period in which you may bring a claim, the shortest time period permit by applicable law to bring a claim relating to this Agreement shall apply.
UN Convention and International Sale of Goods Exclusion.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
Feedback and Suggestions.
If you submit feedback, comments, ideas or suggestions (collectively “Suggestions”) about the Services, you acknowledge that such Suggestions are unsolicited and that we may, but have no obligation, to use your Suggestions. You further agree and acknowledge that any use of your Suggestions by us, for any purpose, will be without any liability to us, or payment of any kind to you.
Notice to California Users.
Pursuant to California Civil Code § 1789.3, any questions regarding pricing, complaints, or inquiries about SFK must be addressed to our agent for notice and sent via certiﬁed mail to: Agent of Spirituality For Kids, 1925 Century Park East, Suite 1700, Los Angeles, California 90067. California users are also entitled to the following speciﬁc consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You agree that you will not engage in any fundraising events or campaigns, including, without limitation, through crowdsourcing platforms, such as GoFundMe, Kickstarter, or similar websites (whether now in existence or hereafter created) (collectively, “Fundraising Activities”), that identify the SFK name or associates the Licensed Curriculum with any Fundraising Activities without the written permission of SFK. You understand and agree that it is in the sole discretion of SFK to permit You to use SFK’s name, Licensed Marks, or any content associated with the Licensed Curriculum or Licensed Materials in any Fundraising Activities. To the extent SFK permits You to engage in Fundraising Activities related to your use of the Licensed Curriculum and Licensed Materials, You agree to put a disclaimer or other statement as SFK may provide on the web page where the Fundraising Activities are posted or on promotional materials for the Fundraising Activities. Any failure to obtain written permission by SFK prior to engaging in Fundraising Activities that identify SFK or otherwise reference the Licensed Curriculum or Licensed Material is a violation of this Agreement and may result in a suspension or cancellation of your certification pursuant to Section 12.
Amendments and Modifications. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement.
Headings. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
Conflict of Terms. If there is a conﬂict or contradiction between the provisions of this Agreement and any relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices that relate speciﬁcally to a particular section or features of the Services (such may include, by way of example, the SFK Certification Program) shall take precedence solely as regards your use of the relevant section or feature of the Services. This Agreement shall control in all other respects.
Severability and Waiver. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. The failure of SFK to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SFK in writing.
Assignability and Binding Effect. SFK may assign or delegate this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under this Agreement without SFK‘s prior written consent, and any unauthorized assignment and delegation by you is void. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Relationship of the Parties. No joint venture, partnership, employment, or agency relationship exists between you and SFK as a result of this Agreement or use of the Services. You are not an independent contractor, employee, agent or otherwise a representative of SFK.
Binding on Employees and Contractors. In the event you are an entity and you maintain one or more accounts on our Services on behalf of your employees or contractors, you agree to require each such employee and, or, contractor to comply with all applicable restrictions set forth in this Agreement, and you shall be fully liable for and indemnify SFK with respect to any failure of any employee and, or, contractor to so comply.
Questions or Additional Information.
If you have questions regarding this Agreement or wish to obtain additional information, please contact us by e-mail at [email protected]; by telephone at +1 (310) 464-0570; or by U.S. Mail to Spirituality for Kids International, Inc. Attention: Copyright Agent 1925 Century Park East Suite 1700 Los Angeles, CA 90067