Terms & Conditions
Data-Core Pathmala, provides service through its website, www.datacore-pathmala.com, subject to the following Terms of Service, which may be updated or modified at any time without notice to you. Whenever you visit the Data-Core Pathmala website, you are subjected to the Terms of Service and all policies or procedures specifically incorporated herein by reference.
Acceptance of Service
Description of Service
Data-Core Pathmala’s website offers educational activities and resources for early childhood development that parents, or educators can use as part of a school curriculum, after schoolwork, tutoring, or anything of the like. The activities and resources on this website are intended to be consumed by students or children aged preschool to kindergarten. This website is not intended to be a sole resource for early childhood development, but rather in addition to a mandated school curriculum.
Acceptable Use Policy
We expect you to respect
- The privacy rights of all users
- The intellectual property rights of others
- The rights of attribution of others
- The law
- The integrity of the Data-Core Pathmala computer system by only accessing it through pages Data-Core Pathmala makes publicly available using your authorized login credentials and by avoiding linking to or injecting malicious code or otherwise attacking our systems
We do not have an obligation to monitor activity on our sites and apps, but we do have a right to do so. We reserve the right to remove content, suspend you, ban you, or pursue other remedies against you at our sole discretion, any time, for any breach of the terms of this acceptable use policy or of this agreement, without notice. We reserve the right to provide information to third parties, such as our authors, schools, law enforcement, supervisory authorities, and attorneys general, to enable them to pursue legal remedies against you. You agree that we will not be liable to you or any third party for any suspension or termination of your account. There are no refunds when an account is suspended or terminated. If we terminate your account, you will not establish a new account without our permission.
You will see content on Data-Core Pathmala that was posted by our authors and third parties. You may see links to third-party sites. Those third parties are solely responsible for the content they make available. You may object to content and we will determine, in our sole discretion, if it should be removed. We are not responsible for the accuracy, appropriateness, lawfulness or truthfulness of any author or third party content. We are not liable to you if you rely on author or third-party content or if you suffer damage from an author or third party. We are not liable even if you object to us about the content and we take no action. We will respond to a properly issued court order to remove content.
Data-Core Pathmala Proprietary Rights
You acknowledge and agree that the service provided by Data-Core Pathmala, and all necessary software used in connection with the service (“software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through our website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Data-Core Pathmala, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service provided by Data-Core Pathmala or the software, in whole or in part.
You also agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Data-Core Pathmala website.
Grant of Limited License
Data-Core Pathmala grants to you, the Licensee, and your listed users, a personal, nonexclusive, and nontransferable license to use the service on a single computer or smart device at a time. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the service by any means other than through the interface that is provided by Data-Core Pathmala for use in accessing the services.
Restrictions of Use
You understand that the software and service offered by Data-Core Pathmala are wholly owned by Data-Core Pathmala and/or its vendors or third party web sites and are protected by copyright and other laws in the United States and elsewhere. A Licensee may not copy or distribute the software or service to anyone, for any purpose, at any time. As a Licensee, you are permitted to the use of the service for the number of users subscribed while they are paying for its use: there is no transfer of ownership or copyright. You agree that this License grant does not include the rights of modification, manufacture, distribution, sale, or sublicense. Data-Core Pathmala reserves the right to cancel your membership without refund if it is determined that you have violated this portion of the Terms of Service.
Trademarks & Copyrights
Copyright © 2020 Data-Core Pathmala. Any rights not expressly granted in this agreement are reserved for the exclusive use of Data-Core Pathmala. All other copyrights and trademarks appearing on the Data-Core Pathmala website are the exclusive rights of their respective owners. If any company does not wish the site to be listed, please contact us at email@example.com.
Copyright Violation Notice
Data-Core Pathmala respects the intellectual property of others and we ask our subscribers to do the same. If any copyright owner believes that there is any intellectual property infringement on the Data-Core Pathmala website, please contact us at firstname.lastname@example.org we will investigate and change or drop the link immediately. If you believe that your work is accessible on the Data-Core Pathmala service in a way that constitutes copyright infringement, you may notify us via email by providing Data-Core Pathmala the following information:
- A description of and the location of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- Identification of the specific language, image(s) or functionality on the Data-Core Pathmala website that you believe to be infringing;
- Identification of the URL or other specific location on the Data-Core Pathmala website where that material is located;
- Your name, title, organization, website address, mailing address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest attesting to all of the above.
You agree to indemnify and hold Data-Core Pathmala, its parent and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you submit, post, transmit or make available through the Data-Core Pathmala website, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
Disclaimer of Warranties
- DATA-CORE PATHMALA PROVIDES THE SERVICE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. DATA-CORE PATHMALA EXPRESSLY DISCLAIMS 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.
- DATA-CORE PATHMALA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DATA-CORE PATHMALA OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
No Guaranty of Results
Data-Core Pathmala is a tool to assist children for education and entertainment purposes. Because every child learns differently, Data-Core Pathmala cannot guarantee particular results from a child’s use of the Service.
Modification of Terms
The Terms of Service (and any agreement, rule, or policy incorporated by reference) may be modified by Data-Core Pathmala at any time by publication through the Data-Core Pathmala website or by sending you an email. You are responsible for regularly reviewing the Data-Core Pathmala website to obtain timely notice of such modifications. You shall be deemed to have accepted such modifications by continuing to use the site after 15 days of when such modifications have been posted or you have been alerted by email. If you object to any material changes to the Terms of Service (or the terms and conditions of an incorporated policy or agreement), your sole and exclusive remedy will be to terminate your membership and to cease using the services. Upon request, remaining subscriptions costs will, if canceled due to a change of Terms of Service, not be billed.
Jurisdiction, Venue, & Interpretation
The Terms of Service shall be governed by and construed in accordance with the laws of the State of Pennsylvania. Each party consents to personal jurisdiction and venue in Philadelphia County Court. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. If a court of competent jurisdiction rules as invalid any provision of this agreement or the application of any provision to any person or circumstance, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service, the use of the Data-Core Pathmala website, or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Terms of Service constitute the entire agreement between you and Data-Core Pathmala and govern your use of the service offered by Data-Core Pathmala. The Terms of Service supersede all prior agreements between you and Data-Core Pathmala. You understand and agree that you may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Data-Core Pathmala to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
Terms for Users of Data-Core Pathmala
- A. Accounts and memberships
You must have an account to use Data-Core Pathmala. Data-Core Pathmala requires a connection to the internet. All paid memberships are annual, pre-paid and non-refundable. Paid member accounts allow you to use all the resources on the Data-Core Pathmala website.Data-Core Pathmala reserves the right to change the terms of memberships at any time in our discretion.
- B. Refunds
Membership purchases are non-refundable except at our sole discretion (such as you accidentally opening and purchasing 2 accounts).
- C. Account deletion and closure
Deletion is not reversible. If you have unused purchases you must request a refund before deleting your account (or before we delete it automatically as a stale account). Once an account is deleted, purchases are forfeit and non-refundable.
- D. Referrals, rewards, and special offers
From time to time, we offer paid referrals and/or other special offers. We are not obligated to offer rewards, referral fees, or any other special offer. We can change or discontinue any referral, reward, or special offer program at any time, at our sole discretion. In the absence of a specific offer, you should understand that we have no obligation to compensate you for giving a review, referring a customer, or otherwise spreading the word.
- E. Parents
Terms for Schools
- A. Personally Identifiable Data
- B. Choice of law and arbitration exception for schools that are government or public entities
If you are a government or public entity required by law to use the laws of your state for choice of law, then the laws of your state shall apply, but only to the extent required by your state’s law. Likewise, if you are prohibited by state law from entering into a binding arbitration agreement, that provision shall not apply to you. Finally, the indemnification, governing law, and venue provisions apply only to the extent permitted by your jurisdiction’s laws.
- C. Purchase orders
You may purchase a membership. Failure to pay the invoice for memberships shall result in termination of the membership.
- D. Account ownership
If a school purchases an account, the school owns the account and is agreeing to these terms. School accounts belong to the classroom for which they were purchased. Schools may transfer accounts they purchase between teachers if a teacher changes level, leaves the school, or goes on leave. The school may gift an account to a teacher.
If a teacher previously purchased an account with out-of-pocket funds and the school purchases an extended or upgraded membership for that teacher, account ownership will be deemed to remain with the teacher and is not transferred to the school. Classroom licenses can only be used by one teacher at a time. Each teacher must have his or her own account.
Any attempt to seize or transfer ownership inconsistent with this section shall be null and void unless supported by a notarized statement signed by both parties stating the correct ownership of the account or a court or arbitral order.
- E. Use of school images or likenesses
Data-Core Pathmala agrees that, absent the school’s prior written consent, it will not have any rights to (a) use any image or likeness of a school, including logos, emblems, or trademarks or (b) advertise or claim that the school endorses Data-Core Pathmala’s services.
- F. Security
Schools agree that they are responsible for their secure use of Data-Core Pathmala, including providing adequate training on the use of secure authentication and providing employees with secure networks on which to use Data-Core Pathmala. You agree to use passwords for teacher accounts that are adequately secure to prevent intrusion. It is your responsibility to keep your login information confidential.
- G. Breach response for schools
More Terms for All
- A. You WARRANT AND REPRESENT that you have made good choices.
You warrant and represent (1) that any and all information you provide to us are truthful, accurate, complete, current and in compliance with these terms; (2) that any email address you provide is yours and that you have not impersonated any person or used a username or password that you are not authorized to use; and (3) that you are fully authorized to provide the products and to authorize us to provide the products to others.
- B. Subject to change without notice DISCLAIMER OF WARRANTIES.
Data-Core Pathmala, and the content found on Data-Core Pathmala, are provided “AS IS” and “AS AVAILABLE” without warranty of any kind, whether express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. The entire risk arising out of use or performance of Data-Core Pathmala products remains with you. No communication, whether oral or written, from us to you creates any warranty. We and our authors may change, suspend or discontinue Data-Core Pathmala or any product at any time for any reason, with or without notice. If we discontinue services, your resources may not be available to you. You agree that neither we nor our authors shall be liable to you or any third party if Data-Core Pathmala is changed, suspended or discontinued.
- C. LIMITATION OF LIABILITY
We work hard to make sure our system is available, but there are a substantial number of factors beyond our control in providing the services, including browser updates, filtering software, school IT settings and more. As a result, we can’t guarantee that any or all features will always work or that Data-Core Pathmala will be continuously available to users.
We and our suppliers are not liable to you for any errors or inaccuracies you find in or on Data-Core Pathmala; any service, system, or process delays, latencies, failures or interruptions; or any actions you take in reliance on us, our suppliers, or the content. Our and our suppliers’ liability to you is limited whether the harm to you was foreseeable or not. We and our suppliers are not liable to you for any special, exemplary, or punitive damages, including loss of data, revenue, and/or profits, costs, or expenses, including legal fees and expenses, regardless of the legal theory on which you claim liability is based, even if you have advised us or our supplier of the possibility of those damages.
Our and our suppliers’ liability to you is limited to the amount actually paid by you to us, if any, for the product(s) at issue. If you are a supplier, we will not be liable to you for amounts in excess of proceeds due and payable by us to you for the six-month period preceding the claim. YOU AGREE THAT YOU ARE WAIVING CLAIMS THAT YOU MAY NOT KNOW OR SUSPECT YOU HAVE AT THE TIME YOU ENTER INTO THIS AGREEMENT. YOU AGREE TO SPECIFICALLY WAIVE ANY CLAIMS AS A CREDITOR YOU MAY HAVE THAT YOU DO NOT KNOW OR SUSPECT EXIST IN YOUR FAVOR. YOUR WAIVER AS A CREDITOR INCLUDES WAIVER OF CLAIMS THAT WOULD HAVE MATERIALLY AFFECTED HOW YOU WOULD SETTLE A MATTER IN WHICH WE ARE A DEBTOR TO YOU. You acknowledge and agree that we cannot ensure that either content or data will be protected from theft or misuse. We have no liability arising from a failure of any system or feature that limits the use of content or data.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
- D. For your attorney (and all armchair attorneys)
Rather than burden our users with technical, exhaustive, and precise references to the various intellectual property and related rights necessary, we instruct all attorneys reading this to understand that all necessary rights to take the actions described that are not stated explicitly are implied. Data-Core Pathmala, along with products available on it, are licensed, not sold, and ongoing access requires a current account.
- E. Failure to Comply
Our failure to act if you fail to comply with a term does not waive our right to act on any subsequent failure to comply or nor does it waive the term in question.
- F. Terminating Agreement
This agreement is effective from your acceptance until terminated by you or us in writing or electronically. You terminate by ceasing to use Data-Core Pathmala. Any terms that by their nature are intended to apply indefinitely continue to apply, including but not limited, perpetual licenses, ownership provisions, warranties, disclaimers, indemnities, and limitations of liability. Terms that are intended to survive for a period after termination shall also survive for the designated period (such as payout holdbacks for refunds).
- G. Assigning rights to others
We may assign any rights we have under any agreement to any successor or purchaser of us or of our assets, to the extent permitted by law. If you assign your rights or obligations to another party, you must give us written notice of the assignment no later than ten (10) business days following the assignment. This agreement is binding on and inures to the benefit of any successors and assigns.
- H. Terms are not dependent of each other.
If the final judgment of a court or arbitrator declares any term invalid, void or unenforceable, then you and we agree to reduce the scope, duration, area or applicability of the term, to delete specific words or phrases, or to replace any invalid, void or unenforceable term with a term that is valid and enforceable and that comes closest to expressing the original intention of the invalid or unenforceable term.
- I. English Language
It is the express wish of the parties that this Agreement and all related documents, including notices and other communications, be drawn up in the English language only.