Terms and Conditions of Use

Thank you for visiting https://www.ludologicsports.com owned and operated by Play Literacy, LLC doing business as Ludologic ("Company," "Ludologic," "we," "our," or "us").

LudoLogic is the first interactive physical literacy platform that uses mentor-led digital curriculum to bridge the "Preparedness Gap" for the next generation of female athletes. We teach kids to move confidently through their bodies using interactive, narrative-based storytelling. The videos on the website are meant to be both educational as well as interactive.

If you are a child under the age of eighteen (18) years of age ("child"), please get your parent or guardian to read these Terms with you. A child's use of the site is intended to involve the oversight and permission of a parent or guardian.

We operate this website, https://www.ludologicsports.com (the "Website", "Site"), as well as any other related products, events, and services that are made available by us through the Website (collectively, the "Services").

These Terms and Conditions of Use ("Terms") govern your use of this Site and Services. Unless explicitly stated otherwise, any new tools or applications that alter or improve the current Website will be included in the definition of "Website/Site."

These Terms and Conditions of Use include our general Privacy Policy and our Children's Privacy Policy (collectively, "Privacy Policies") and are hereby incorporated by reference. These policies provide information regarding how we collect, use, and store information that is provided to us by users of our Site and Services. We care about data privacy and security, and we urge you to read these policies to understand how we protect your information including personally identifiable information collected from children under the age of thirteen (13) in accordance with applicable laws, including but not limited to, the U.S. Children's Online Privacy Protection Act ("COPPA") and California's consumer and privacy laws.

Acceptance of Terms

You and your child's access to, and use of, the Site and/or the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and parents of children who access or use the Site and/or the Services ("Users," "you").

Please read these Terms carefully as they affect your rights. By clicking "I agree" or by you or your child accessing the Site or using any of the Services, you accept these Terms on behalf of yourself and your child and agree to be legally bound by them.

Parent Responsibilities and Supervision

By allowing a child to access or use the Website, the Parent or legal guardian ("Parent") agrees to be bound by these Terms and be fully responsible for the child's activity on the Website. Please read these Terms carefully and discuss the content of these Terms with children, so that they are aware of, understand, and comply with these Terms.

Parent acknowledges that children require supervision online and agrees to monitor and guide the child's use of all features, content, and interactions available through the Site. Parent further agrees to ensure that you and your child comply with these Terms. Parent is responsible and accountable for a child's actions during the Services and any misuse of the Site. Parent shall cooperate with Ludologic to provide accurate communication and promptly address any issues or violations of these Terms that may arise from your child's use of the Website or Services.

Assumption of Risk

You understand the Services involve or encourage physical activities such as, but not limited to jumping, running, balancing, kicking or catching balls, or other content that may not be well-suited for all participants as such activities may increase the potential for, or risk of injury. You, and not us, are in the best position to determine whether your child should participate in any sports or physical activities related to our Services. You should use due diligence to assess whether your child should participate in any of the physical activities associated with our Services, as you, and not us, are responsible for the health and well-being of your child while using the Website or Services.

Guidelines and Recommendations

The following guidelines and recommendations can help you reduce your risk:

• Watch videos with your child.
• Talk with your child about physical activities and help them understand best practices to stay safe.
• Supervise their activity on the Site.
• Talk to your child's doctor or qualified healthcare professional to make sure the activity is appropriate for your child's age, health, and physical development.

If you disagree with any part of these Terms, you or your child may not access any part of the Site or the Services. These Terms which incorporate the terms of specific Additional Services as defined below make up the entire agreement between you and Company regarding your use of the Site and/or the Services. They supersede any prior agreements.

In using our Services, you agree not to scrape, collect, search, copy or otherwise access data or content from our Site or Company in unauthorized ways, such as by using automated means (without our express prior permission), or access or attempt to access data you do not have permission to access.

You may not use, access, download, or otherwise make available the Site and/or the Services (including related software), except as authorized by applicable trade restrictions, including but not limited to U.S. sanctions, export controls, or other applicable laws.

Modifications to Terms

We work constantly to improve our Site and the Services. As a result, we may need to update these Terms from time to time to accurately reflect our Services and practices, to promote a safe and secure experience with our Site and/or the Services, and/or to comply with applicable law. Company reserves the right to update, change or replace any part of these Terms by posting updates and changes to our Site.

The Company will make commercially reasonable efforts to provide conspicuous notice to Users at or before the time of the changes take place by updating the Effective Date above to provide notification that the Terms have been updated, by providing an email notification to Users, or by displaying a notification on the Site regarding the change with a click to accept box.

Changes to these Terms will be effective immediately or, if required by law, thirty (30) days after notice to you as described above. If you continue to use the Site and Services after we change these Terms, you are deemed to have accepted all changes. We shall not be liable to you or any third party for exercising our right to modify these Terms.

Additional Terms

Additional Terms and Conditions ("Additional Terms") may apply to the use of services which may include paid content, subscriptions, or other activities ("Additional Services"). Additional Services may have age restrictions or require parental consent for use.

For clarity, if there exist links to or posted Additional Terms within a Service, such terms and conditions will also apply to your use of the applicable Service and are incorporated herein. In the event of a conflict between these Terms and the Additional Terms, the Additional Terms shall govern the applicable Service in which they are posted or linked.

Modifications and Corrections to Services

The Services evolve constantly. As such, the Services may change from time to time, at our discretion. We retain the right, but not the obligation, to modify our Services including, without limitation, removing or modifying video content, correcting any errors, inaccuracies, or omissions made on our Site at any time and without prior notice.

Ludologic Intellectual Property – Acknowledgement of Ownership

Intellectual Property Rights

"Intellectual Property Rights" means all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law and all other proprietary rights, and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. All intellectual property rights not expressly granted are reserved and protected by infringement by state and federal laws, and international legislations and treaties.

You acknowledge and agree that, as between you and us, Ludologic owns all right, title and interest in and to Ludologic and all Intellectual Property Rights as defined below (including but not limited to the copyrights, trademarks and patents) (the "Ludologic IP") and you must not use any of the Ludologic IP, except as necessary for your permitted use of our Site and/or Services.

The Ludologic name, logo, trademark and trade dress (collectively "Ludologic Marks") may not be used in connection with any product or services that is not offered by Ludologic in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Ludologic Marks or Ludologic. You may not use the Ludologic Marks or name, or any other proprietary graphic or trademark without express written permission.

All other trademarks not owned by Ludologic or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ludologic or its subsidiaries.

You agree that all content included on this Site, such as video materials, text, graphics, logos, button icons, images, audio clips, designs, digital downloads, data compilations, and software ("Content") is the property of Ludologic or its content suppliers and is protected by national and international copyright laws. The compilation of all content on this Site is the exclusive property of Ludologic with copyright authorship for this collection by Ludologic and is protected by U.S. and international copyright laws.

You agree to not remove, obscure, or alter Ludologic's copyright notice, trademarks or other proprietary rights notices affixed to, or contained within, or accessed in conjunction with, or through the use of Ludologic's online platform or Website.

If you use Ludologic IP in breach of these Terms, your right to use our Site and/or Services will terminate immediately and you must, at our option, return or destroy any copies of the Ludologic IP you have made. No right, title or interest in or to Ludologic or any Ludologic IP is transferred to you under these Terms, and we reserve all rights not expressly granted.

Our Services and License to Use

Company is thrilled to offer the opportunity for you to utilize our Services. Subject to your compliance with these Terms and our policies, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Site and/or Services as contemplated under these Terms and our policies (the "License"). You may not try to download the Site (other than page caching) or modify it, or any portion of it, except with express written consent of Company.

You may not permit our Services to be used by or for the benefit of unauthorized third parties. Nothing in these Terms will be construed to grant you any right to transfer or assign rights to access or use our Site and/or Services. All rights not expressly granted to you are reserved by us and our licensors.

Except as expressly stated in these Terms, we (and our third party content providers, if any) reserve all rights to all materials and information on the Site and Services, including, without limitation, written content, graphical and design elements (including the Site's "look and feel"), and services marks and trademarks. You may not sell, transfer, or assign any information, content, products, or services provided by us to any third party without our express written consent. You may not download, copy, modify, alter, or excerpt (or encourage or help others to copy, modify, alter, or excerpt) any Content made available through the Site. You may not use (or encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms or by applicable law. You acknowledge and agree that these Terms in no way convey any right, title, or interest to you in any materials on the Site, including, without limitation, any statutory or common law copyright, patent or other intellectual property right in such materials.

This License does not include any resale or commercial use of this Site or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of this Site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Ludologic. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ludologic and/or our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Ludologic IP without the express written consent of Ludologic. Any unauthorized use terminates the permission or License granted by Ludologic. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Ludologic, so long as the link does not portray the Ludologic Marks, Ludologic, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Ludologic Marks or other proprietary graphic or trademark as part of the link without express written permission.

Descriptions of Services

Although we strive to provide descriptions of our Services on the Website including but not limited to descriptions of the video content and related materials that are as accurate as possible, we do not warrant that descriptions of any Services are accurate, complete, reliable, current, or error-free.

User Responsibility for Access

Users are solely responsible for obtaining, maintaining, and securing compatible equipment, software, and internet access as necessary to use the Site and Services.

Users acknowledge that access to the Site and Services is subject to the Technology and Access Disclaimer included in the Disclaimers, Limitation of Liability, and Release of Claims Section of these Terms.

One-Time Purchase

While we offer access to audio-visual Content such as videos for free on the Site, we also offer access to audio-visual Content that requires a one-time purchase ("One-Time Purchase"). Purchases of videos on the Site will require an account and registration as outlined in the Account Registration Section of these Terms as access to paid Content is restricted. A One-Time Purchase may involve one video or a bundle of videos purchased at the same time. The details regarding the cost and length of access to the Content as part of a One-Time Purchase are outlined on the Site and in the invoice provided to you during the purchasing process. This invoice shall serve as Additional Terms and these Additional Terms will end once your viewing period expires as indicated in the Invoice outlining the terms of your One-Time-Purchase.

Access to Content as part of a One-Time Purchase is licensed to you, not sold to you as described above in the Our Services and License to Use Section of these Terms. Your One-Time Purchase provides a limited, revocable, non-transferable license to access solely the Content that is associated with the One-Time Purchase for personal, non-commercial purposes only in accordance with these Terms. We do not permit Users under 18 years of age to make purchases on the Site.

Payment for One-Time Purchase

You will be charged the amount indicated on the Invoice provided at the time of purchase for your access to the Content provided as part of the One-Time Purchase.

Refund Policy

Please note fees for digital Content are non-refundable. Your payment for a One-Time Purchase is non-refundable, regardless of whether you or your child access the Content of the One-Time Purchase, have problems with viewing the Content due to lack of functionality or any other reasons.

If you are a customer located in England, Scotland, Wales, and Northern Ireland or other countries subject to the EU Consumer Rights Directive, you have a statutory 14-day right to cancel digital Content purchases. For clarity, this includes customers located in the European Union, the European Economic Area, and the United Kingdom. This statutory right is an exception to our standard no-refund policy.

Payment for Services

YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.

We currently use Stripe, Inc. to support our Website and e-commerce platform and to process your payment for purchases made through the Website. By submitting payment for a purchase on our Website, you confirm that you are at least 18 years of age, and that you agree to the terms and conditions of purchase as outlined herein. All information obtained during your purchase or transaction for our Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected and retained by Stripe, Inc. Stripe is a third-party service provider. While we work with third party providers that are protecting the security and confidentiality of personal information that is shared with them in accordance with applicable laws and security standards, to the maximum extent allowed by law, we have no responsibility or liability for the independent policies of Stripe, Inc.

Please review Stripe's privacy policy at https://stripe.com/privacy which provides information about their privacy practices and how they handle the information you provide to them.

To the maximum extent allowed by law, you release us, our affiliates, and our payment processing companies from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase of Services through the Site.

Third Party Providers

We use various third party providers to support our Website and Services. By using our Website and Services, you consent to the Company sharing your information, including Personal Information as defined in our Privacy Policies, and as necessary to enable third parties' activities as outlined in our Privacy Policies.

Children's Data

We enter into written agreements with third party service providers that receive information through our services requiring them to use children's data only for the purposes we authorize and to comply with applicable laws and security standards, including prohibitions on behavioral advertising and other secondary uses. While these contractual limits apply specifically to children's information, third party providers also maintain their broader independent data handling practices, which apply in addition to, but do not supersede the contractual limitations placed on children's information. Adults who use our services are subject to their third party data practices in full, and their information may be processed in accordance with these third party provider's independent processes as discussed below.

Except in limited situations as described in our Children's Privacy Policy, before any third party collects Personal Information from a child, we provide parents with clear and complete direct notice describing the specific types of information the third party will collect, the purposes for which the information will be used, and the names of all third parties involved. We do not enable any feature that allows a third party to collect identifying information from a child until the parent has completed a verifiable parental consent process. This process requires the parent to take an affirmative action—such as providing a signed consent form, verifying a payment method, or completing another FTC approved verification method to confirm the parent's identity and authorize the collection and use of their child's information. Once consent is obtained, the third party may use the information only for the purposes disclosed in the notice and only as permitted under our contract with them. Separate opt-in consent will be needed for any unrelated or non-necessary collection and use. Parents may review, revoke, or delete their child's Personal Information at any time as described in our Children's Privacy Policy.

Adult Data

For Adult Users, we may share information with third party service providers or partners whose handling of personal data is subject to their own privacy policies and independent practices. While we take commercially reasonable steps to select reputable providers and have safeguards in place when they process information on our behalf, we do not control and are not responsible for the privacy practice of these third party providers. By using our Site and Services, Adult User's consent to our sharing Adult User's information as necessary to enable third parties' activities and that you have reviewed the privacy policy and terms of use of our third party service providers and agree to both.

You further acknowledge that the Company does not and cannot control any third party service provider's technology or actions and we are not responsible for any cessation or interruption of the Services, compatibility with the Services, or any disclosure, modification, or deletion of your data arising from any exchange of your data that may occur between us and third party providers as part of the Services. To the maximum extent allowed by law, you agree that Company will not be held liable for any damages or claims arising from the actions of these third party providers.

Vimeo is a Third Party Provider

Our website uses Vimeo as a third party provider to host, store, and deliver our video Content. Vimeo supplies the technical infrastructure to support and enable high-quality video Content to be displayed on the Site. Vimeo may process anonymous or technical information such as device type, playback events, and performance metrics to deliver, optimize, and secure video functionality on our Website. We have entered into a written agreement with Vimeo that restricts its collection, use, and retention of any information to only that which is necessary to providing services on our behalf and solely to support our internal operations. Under this agreement, Vimeo is prohibited from using such information for advertising, profiling, or user level tracking, including behavioral advertising, and may retain it only as necessary to provide the services and maintain security. Vimeo does not pair persistent identifiers with Personal Information to identify a child or build a profile on a child. If Vimeo were to collect or use information in a manner inconsistent with the above, we would provide notice and obtain verifiable parental consent as described in our Children's Privacy Policy.

While Vimeo is contractually restricted in its processing of information in connection with our Website, it is an independent service provider, and its general privacy practices are governed by its own policies.

Account Registration

Users may access certain portions of the Site without registering. However, we limit access to paid Content on the Site and Services to registered users only. If registration is required, any information such as name, address, or email collected to create an account will be governed by our Privacy Policies.

In accordance with our Privacy Policies and applicable laws, we will request a parent or legal guardian's email address to provide direct notice regarding any Personal Information collected from a child and to obtain verifiable parental consent. We do not permit Users under eighteen (18) years of age to create independent accounts. Users under eighteen (18) may only access portions of the Site that require registration through a parent-managed account. We do not permit children under the age of 18 to register, make payment, or access the Services requiring registration without the permission of a parent. A Parent will be responsible for creating an account to register, providing payment, and granting permissions requested by the Services.

Your Account

If you create an account, you agree to provide truthful and complete information and to maintain the accuracy of the information associated with your registration throughout the term of the agreement. You further warrant that you are over 18 years of age and have the authority to enter into this agreement. Please review our Privacy Policies which governs your submission of Personal Information through our Site and Services to understand our practices.

You are responsible for maintaining the confidentiality of your account and password. As such, you must make efforts to safeguard your account. Use a strong password and limit its use to this account only. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

We care about the security of our Users. Please see our Privacy Policies to learn of our written security plan. While we work to protect the security of your information and login account, we cannot guarantee that unauthorized third parties won't be able to defeat our security measures.

You are responsible for all use of your account and for ensuring that access to and use of the account complies fully with these Terms. If you suspect your password has been compromised, you will need to promptly change it and notify us if possible unauthorized access has occurred on your account. Notwithstanding any notification you provide to us, you agree to take responsibility for all actions taken under your account or password by you and any third parties including any abuse or unauthorized use.

Prohibited Uses

By accessing or using the Services, and except as otherwise set forth in a separate written agreement signed by you and Company or to the extent such a restriction is prohibited by Law, you agree not to engage in the following "Prohibited Uses," directly or indirectly, including but not limited to:

• using the Services for any illegal purpose or in violation of any Law, including privacy laws and consumer protection laws;
• posting or transmitting through the Services any material that contains advertising or any solicitation with respect to products or services;
• copying, reproducing, modifying, adapting, translating, creating derivative works of, displaying, performing, broadcasting, synchronizing, publishing, selling, reselling, renting, leasing, licensing, loaning, timesharing, archiving, distributing, transmitting, or otherwise exploiting any portion of (or any use of) the Content and Services or otherwise making the Content and Services available to any third party except as expressly authorized herein;
• removing any copyright, trademark, or other proprietary rights notice from the Services;
• reverse assembling or reverse compiling or directly or indirectly allowing or causing a third party to reverse assemble or reverse compile the whole or any part of the software or any products supplied as a part of the Site or Services;
• framing or mirroring any portion of the Content and Services, or otherwise incorporating any portion of the Services into any product or service;
• systematically downloading or storing the Services or any element thereof unless you have the required authorizations or releases;
• using any robot, spider, agent, script, site search/retrieval application, or other manual or automatic device to retrieve, index, "scrape," "data mine," or otherwise gather any element of the Services, or reproduce or circumvent the navigational structure or presentation of the Services;
• performing any misleading, deceptive, fraudulent, or otherwise illegal activity, including impersonating any person or entity, claiming a false affiliation, or engaging in phishing or otherwise obtaining financial or other Personal Information in a misleading manner or for fraudulent or misleading purposes;
• selling, reselling, or otherwise transferring the access granted under these Terms, or any right or ability to view, access, or use the Services;
• harvesting or collecting Personal Information about users of the Services, including any attempt to decipher any transmissions to or from the servers running the Services;
• accessing or using the Services for the purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes;
• using or assisting others in the use of any unethical or fraudulent scheme, or by or through any other unethical or fraudulent means or devices whatsoever, with intent to avoid payment of, in whole or in part, any charges for the Services;
• accessing the accounts of other users of the Services without authority;
• interfering with, permitting unauthorized access to, contaminating, disrupting, disabling, erasing, harming, or otherwise impeding in any manner the normal and expected operation of the Services or parts thereof, any user's use or enjoyment of the Services, or any software, network, equipment, or server connected to or used to provide the Services, including by:
  1. uploading or otherwise disseminating any virus, adware, spyware, trap, backdoor, worm, Trojan horse, or other malicious code;
  2. intentionally consuming computer resources beyond what is required for your use of the Services in accordance with these Terms;
  3. using the Services to continually or repeatedly dial telephone numbers associated with free conference calls, free chat lines, or similar or related services;
  4. compromising the Services' security or capacity, degrading the Services' performance, or otherwise adversely impacting network service levels or legitimate data flows;
  5. using applications which automatically consume unreasonable amounts of available Services' capacity;
  6. using applications which are designed for unattended use, automatic data feeds, connections, or applications that are used in a way that degrades Services' capacity or functionality;
  7. misusing the Services, including through "spamming" or sending abusive, unsolicited, or other mass automated communications;
• restricting or inhibiting any other person from using the Services with his or her own devices;
• any other use of the Services that Company reasonably determines, in its sole discretion, is fraudulent, harmful, or in violation of this section of the Terms of Use; and
• attempting to do any of the Prohibited Uses described in this Section or assisting any person in engaging in, or authorizing or permitting any person to do, any of the Prohibited Uses described in this Section. If you are prohibited under applicable Law from using the Services, you must not, and agree not to, use the Services.

Termination

Company may, in its sole discretion, terminate or suspend a User's access to the Site or Services immediately, without prior notice or liability, for breaching any of the Terms or violating any of the rules of conduct detailed herein and for any reason whatsoever.

Disclaimers, Limitation of Liability, and Release of Claims

Disclaimers

By using our Website and Services, User implicitly acknowledges and agrees to the following disclaimers.

If User finds the Website or Services are not meeting User's requirements, User's sole and exclusive remedy is to stop using our Website and Services.

No advice or information, whether oral or written, obtained from User's use of the Website or Services will create a warranty not expressly made herein.

For Educational and Informational Purposes Only

Any information contained on the Site and the Services, as well as other resources available for download or linked through the Site are for educational and informational purposes only. The Content and information contained on the Site and the Services, including, without limitation, online content, audio, blogs, newsletters, videos as well as other resources available for download or linked through the Site or Services are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice. Regardless of anything to the contrary, any information contained on the Site or Services is not intended as a substitute for professional advice of any kind and shall not be construed as a recommendation or endorsement by Company of any type of action undertaken by you including your action or non-action in reliance upon said information.

Technology and Access Disclaimer

We try to ensure that the availability and delivery of our Services and Site is uninterrupted and error-free, including our Content and communications through methods like our Website and e-mail communications. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our online Services or Website become unavailable or access to them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause, including without limitation, issues that arise from your own devices, software, internet service provider, connectivity, or technical limitations which may from time to time make our Services and/or Website inaccessible to you.

Force Majeure Causes

We will use commercially reasonable efforts to ensure our Site and Services are delivered as expected. However, we will not be liable for any delays or failure in delivery or performance of any part of our Site or Services, from any cause beyond our control including, but not limited to, acts of God, weather issues, supply issues, pandemics, quarantine, natural disaster, acts of war, the declaration of a State or Federal State of Emergency, changes to laws or regulations including but not limited to an Executive, Judicial or Legislative Order or Advisory which directly affects our ability to perform under this Agreement, loss of power, acts of hackers or third party internet service providers.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE TO USER INDIRECTLY OR DIRECTLY FOR ANY DAMAGE OR LOSS INCURRED BY USER OR ALLEGED TO BE INCURRED BY USER WHETHER BASED UPON A CLAIM FOR BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE CLAIM ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH USER'S USE OF THE SITE OR SERVICES OR ANY INFORMATION CONTAINED HEREIN.

USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USER'S USE OF THE SITE AND THE SERVICES IS AT USER'S SOLE DISCRETION AND RISK. YOU ACKNOWLEDGE AND AGREE TO NOT RELY ON ANY INFORMATION PROVIDED ON THE SITE AND SERVICES OR BY COMPANY BUT WILL CONDUCT YOUR OWN DUE DILIGENCE AND USE YOUR OWN BEST JUDGEMENT BEFORE TAKING ANY ACTION OR INACTION BASED ON THE INFORMATION PROVIDED.

WE WILL NOT BE LIABLE AND USER WILL NOT SEEK TO HOLD US LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, USER'S USE OF THE SERVICES AND SITE OR USER'S RELIANCE ON ANY INFORMATION HEREIN. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some states, international locations or other jurisdictions, limitations of liability are not permitted. In those states, international locations, or other jurisdictions, certain limitations set forth above may not apply to the User.

No Warranties or Guarantees

Although we strive to offer the Site, the Services, and information provided herein, including resources available for download or linked through the Site or otherwise provided by Ludologic to be available, accurate, and provide valuable information, THE SITE IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR SITE. USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, USER'S USE OF OUR SITE/AND OR SERVICES IS AT USER'S SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

WE ASSUME NO RESPONSIBILITY FOR (a) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR MATERIALS OR THE CORRECTION THEREOF, (b) PERSONAL INJURY OR ANY OTHER DAMAGE OCCURRING FROM USER'S USE OF OUR SITE, SERVICES OR PRODUCTS REFERENCED BY OR THROUGH THE SERVICES, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVICES AND/OR ANY AND ALL PERSONAL/FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED THROUGH OR TO THE SERVICES BY A THIRD-PARTY, (e) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, OR (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE.

WE MAKE NO GUARANTEES THAT USERS WILL EXPERIENCE A PARTICULAR OUTCOME OR RESULT THROUGH YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, YOUR RESPONSE OR YOUR CHILD'S RESPONSE TO ANY INFORMATION LEARNED THROUGH THE SERVICES OR WHETHER THE SERVICES MET YOUR OR THEIR EXPECTATIONS OR SATISFACTION.

IF USER FINDS OUR SITE/AND OR SERVICES ARE NOT AS DESCRIBED, USER'S SOLE REMEDY IS TO CEASE USE OF THE SITE AND SERVICES.

WE DO NOT WARRANT THAT OUR SITE, OUR SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH USER'S USE OF OUR SITE OR SERVICES IS ACCESSED AT USER'S OWN RISK AND USER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER OR USER'S PROPERTY INCLUDING, BUT NOT LIMITED TO, USER'S MOBILE PHONE, COMPUTER SYSTEM, OR ANY DEVICE USED TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR ACCESSING SUCH CONTENT.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY LAW, LUDOLOGIC, ITS PARENT COMPANIES, AFFILIATES, RELATED COMPANIES, EMPLOYEES, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, ATTORNEYS, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (COLLECTIVELY, THE "COMPANY ENTITIES") WILL NOT BE RESPONSIBLE OR LIABLE TO USER, AND USER AGREES TO NOT HOLD US LIABLE TO USER, INDIRECTLY OR DIRECTLY FOR ANY DAMAGE OR LOSS INCURRED BY USER OR ALLEGED TO BE INCURRED BY USER WHETHER BASED UPON A CLAIM FOR BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE CLAIM ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH USER'S RELIANCE ON OUR SITE, SERVICES OR ANY INFORMATION CONTAINED HEREIN INCLUDING, WITHOUT LIMITATION, VIDEOS OR OTHER RESOURCES AVAILABLE FOR DOWNLOAD OR LINKED THROUGH THE SITE OR OTHERWISE PROVIDED BY THE COMPANY ENTITIES.

USER ACKNOWLEDGES AND AGREES THAT WE ARE NOT LIABLE AND USER AGREES TO NOT HOLD US LIABLE FOR THE CONDUCT OF THIRD PARTIES INCLUDING WITHOUT LIMITATION, PAYMENT PROCESSORS, THE OPERATORS OF EXTERNAL WEBSITES AND THIRD-PARTY SERVICE PROVIDERS.

WE DO NOT MAKE ANY ATTEMPT TO VERIFY CONTRIBUTIONS TO THE WEBSITE BY THIRD PARTIES INCLUDING OTHER USERS. USER'S RELIANCE ON INFORMATION PROVIDED BY THIRD PARTIES OR OTHER USERS IS ENTIRELY AT USER'S OWN DISCRETION AND RISK. USER AGREES THAT WE ARE NOT LIABLE AND USER AGREES TO NOT SEEK TO HOLD US LIABLE FOR RELIANCE ON INFORMATION PROVIDED BY OTHER USERS OR OTHER THIRD PARTIES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) USER'S ACCESS TO, OR USE OF, OR INABILITY, TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY ENTITIES EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE COMPANY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Release of Claims

USER AGREES NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES WHERE LIABILITY LIMITATIONS ARE DISALLOWED, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

CERTAIN STATES, COUNTRIES, OR JURISDICTIONS' LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH STATES, COUNTRIES, OR JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NEW JERSEY consumers only: the above limitations of liability and waiver of claims may not apply to you, if User's use of the Site or Services is solely for PERSONAL use.

Indemnification

User agrees to defend, indemnify, protect, and hold us harmless, including our subsidiaries, affiliates, and all our respective officers, agents, partners, and employees from and against any and all losses, damages, liabilities, claims, demands, costs, investigations, judgments, fines, penalties, settlements, interest and expenses including reasonable investigators', attorneys', and consultants' fees made by any third party caused by, relating to, arising out of, in connection with, or due to:

• User's use of our Website and/or Services;
• User's breach or alleged breach of these Terms of Use;
• any breach or alleged breach of your representations and warranties set forth in these Terms of Use;
• User's violation or alleged violation of any laws or regulations;
• User's violation or alleged violation of the rights of a third party, including but not limited to intellectual property rights;
• any overt harmful act toward any other user of the Services with whom you connected while using the Website and/or Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which User is required to indemnify us, and User agrees to fully cooperate, at your expense, with our defense of such claims. User agrees that the provisions in this section will survive the termination of your account, the agreement, or access to our Services. We will use reasonable efforts to notify User of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Testimonials and Feedback

Company may provide testimonials from clients and customers regarding the Services offered on the Site or by us. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on the Site. The views and opinions in any testimonials are those of the individuals expressing such views and opinions and are not those of Company. We will not be responsible or liable to any third party for testimonials. Although these testimonials are truthful statements about the results or experiences of these clients and/or customers, the results or experiences of these clients and/or customers are not necessarily typical. Results will vary. You acknowledge and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or Services offered on the Site or by us.

Your Testimonials and Feedback. By sending or providing a testimonial to us, or providing feedback and answers in response to a customer survey ("Feedback") provided by us, you agree to assign to us all intellectual property rights in your testimonial and/or Feedback, and we shall be free to use such testimonial and/or Feedback without any compensation to you.

Privacy Practices

By using the Services, you consent to our processing of your information consistent with our General Privacy Policy and our Children's Privacy Policy (collectively, "Privacy Policies"). Please review the Privacy Policies for a description of how we may collect and use your information, including Personal Information.

Our Children's Privacy Policy describes our practices related to Information we collect about children through our Services and experiences that are directed to children. We consider you to be a child if you are under the age of eighteen (18) for our Privacy Policies.

The General Privacy Policy and the Children's Privacy Policy are hereby incorporated into these Terms by reference and constitute a part of these Terms.

Electronic Communications

When you visit our site or send e-mails to us, you are communicating with Company electronically, and thus, consent to receiving such communications. Upon providing your name and email address, we will communicate with you by e-mail regarding our Services, upcoming promotions, invoices, changes to pricing or fees, termination of Services, and other information regarding Company or its third party partners. You agree that all agreements, notices, disclosures and other communications that Company provides to you electronically satisfy any legal requirement that such communications be in writing.

Third Party Websites

Our Site may contain links to third party websites, advertisers, services, software components, special offers or other events or activities that are not owned or controlled by us. We don't endorse these third parties. Parents should supervise children when they leave our website to visit third-party websites.

To the maximum extent allowed by law, we do not assume any responsibility for any such third party websites, information, materials, products or services. If you access any third party website, services or content, etc. from our Site, you do so at your own risk and to the maximum extent allowed by law, you agree that we have no liability arising from your use of, purchase from or access to any third party website, services, or content, etc.

The inclusion of a link to any other website or resources is for your convenience only. Company has no control over the content of these outside websites and makes no representation as to the quality, suitability, functionality, or legality of these websites. Your use of these websites is entirely at your own discretion and risk. You agree that Company will not be held liable for any damages or claims arising from your use of these outside websites to the maximum extent allowed by law.

YouTube. Our Site uses Vimeo as discussed above to display our video Content to Users. We may also display videos on outside platforms like YouTube. Our video content displayed on YouTube will be displayed under the "made for kids" designation. Please note if you click on a link on the Site that takes you to YouTube such as "Watch on YouTube" you are leaving our Site and will be subject to the YouTube's Terms of Service and Google's Privacy Policy.

Infringement of Intellectual Property

If you believe your work has been copied in a way that constitutes copyright infringement, contact us at legal@ludologicsports.com and provide the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512: (i) signature of a person authorized to act on behalf of the owner of the allegedly infringing work; (ii) identification of the work claimed to have been infringed and information reasonably sufficient to permit us to locate the material on our Services; (iii) contact information of the complaining party; (iv) a statement that the complaining party has a good-faith belief that use of the material is not authorized by the copyright owner; and (v) 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 the allegedly infringed work.

Other Terms

Jurisdiction and Choice of Law

By visiting and using this Site and Ludologic's Services, you agree that, to the extent permitted by law, the laws of the State of California in the United States of America, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Company or its associates. You consent and agree that, without regard to principles of conflict of laws, all legal proceedings relating to the subject matter of this agreement shall be adjudicated within courts sitting within California and that jurisdiction and venue shall be exclusively within these courts, except that, to the extent that you have in any manner violated or threatened to violate Company intellectual property rights, Company may seek injunctive relief or other appropriate relief in any state or federal court in the United States of America. Notwithstanding the foregoing, if you are accessing or using the Site or Services from outside the United States, nothing in this section is intended to exclude or limit the application of any mandatory consumer protection or data protection laws or other non-waivable laws that apply to you in your country or jurisdiction of residence, to the extent such laws apply.

Entire Agreement

This agreement, together with policies incorporated, represents the entire agreement of the parties concerning the subject matter thereof and is intended to be the final expression of the parties' agreement and intent. The parties agree that if any Additional Terms stated or referenced to in other documents conflict with the terms and conditions of this agreement, then the Additional Terms in those other documents shall take precedence for the specific services they govern.

Severability

If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Questions/Contact Information

Questions regarding our Terms can be directed to us at legal@ludologicsports.com

Notice

Any legal notices, including any notice of a claimed dispute, shall be sent notices to us by email to legal@ludologicsports.com. Notices to you will be sent by mail or by email to the addresses you provide when registering. Notices shall be deemed given on the day actually received by the recipient.