Last Revised: 6/13/2013

Summary

We (Tyler Bengtson and my partners and affiliates) run the Redevised website and create and manage the Redevised products, applications and services that are designed to make learning fun and engaging. We would love for you to use them, however, be careful and responsible in using our service and do not use it for illegal, harmful or offensive activities.

Some things to note about the Terms of Use:

  • Protection of Kids:
    • You must be 18 years old to agree to the terms, to contact us and to make purchases
    • If you are younger, have a parent or legal guardian do it for you
  • Where applicable, you can opt out of advertising by performing an In-App Purchase. For children to use our Service with ads requires that you remove your device ID on InMobi’s website: http://www.inmobi.com/inmobi-privacy-policy/opt-out/
  • This is an agreement between you and us (not Apple or Google).
  • Your use of the Service is your agreement to the Terms, which may update from time to time
  • Make sure to also read the privacy policy: http://www.redevised.com/privacy-policy

 

The rest:

Tyler Bengtson, an individual doing business as Redevised, and my affiliates (“we” or “us”), welcome you to our websites, products, applications and services (“the Service”).

1.       Acceptance of the Terms

1.1.    By connecting to, accessing or using the Service, you acknowledge that you have read and understood the following terms of use including the terms of the Privacy Policy at the address http://www.redevised.com/privacy-policy (collectively, the “Terms”), that the Terms constitute a binding and enforceable legal contract between you and us, and you agree to be bound by them and to comply with all applicable laws and regulations regarding your conduct thereon. IF YOU DO NOT AGREE TO THE TERMS, DO NOT CONNECT TO, ACCESS OR USE THE SERVICE.

1.2.    The Terms may be revised and updated from time to time, with or without any notice, though we will make reasonable efforts to post a prominent notice if the Terms change substantially. Should you continue to the Service after the changes were made, it will indicate your acceptance to the new Terms. We urge you to check the Last Revised date which appears at the top of the Terms. You can review the most current version of the Terms at any time at: http://www.redevised.com/terms

1.3.    As a condition for your connecting to, access or use of the Service, you warrant that:

1.3.1. You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Site and Service in accordance with these Terms, and to fully perform your obligations hereunder;

1.3.2.  If you are under the age of 18, you represent that your legal guardian has reviewed and agreed to these Terms;

1.3.3. The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;

1.3.4. You will not infringe or violate any of the Terms.

 

2.       Purchasing from Us

2.1.    From time to time, you may purchase goods or services on or through Service, including in-app purchases. You acknowledge that only an adult (18 years or older) can enter into and complete any such transaction.

 

3.       Advertisements

3.1.    We may integrate commercials, advertisements and/or sponsored links, whether within or beside the Service. By clicking the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. All the information contained in such commercials and advertisements belongs solely to the advertisers and we make no warranties or representations as to such advertisements, whether or not we have control over such advertisements.

3.2.    Where applicable, you can opt out of advertising by performing an In-App Purchase. Additionally, you can opt out of interest-based advertising by InMobi through the following page: http://www.inmobi.com/inmobi-privacy-policy/opt-out/  For children to use our Service with ads requires that you remove your device ID on InMobi’s website.

 

4.       Availability

4.1.    The Service’s availability and functionality depends on various factors, such as software, hardware and our services’ providers and contractors. We do not warrant or guarantee that the Service will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

 

5.       Provisions for Apple and Google Apps

5.1.    Acknowledgement: You acknowledge that these terms of use are concluded between you and us only, and not with Apple, Inc. (“Apple”), nor with Google, Inc. (“Google”). We, and not Apple nor Google, are solely responsible for our iOS Apps, Android Apps, and the services and content available thereon, including maintenance and support.

5.2.    Scope of License: For Apps, the license granted to the end-user for the applications is limited to a non-transferable license to use the app on an iOS/Android product that you own or control and as permitted by the Usage Rules set forth in the Terms of Service for the App Store and Google Play.

5.3.    Legal Compliance: As required by Apple, you must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

5.4.    Third Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms against you as a third party beneficiary thereof.

 

6.       Disclaimer and Warranties

6.1.    THE SERVICE, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION, INCLUDING PRODUCTS’ INFORMATION, RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

6.2.    WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SERVICE AT ANY TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY INFORMATION, CONTENT OR FEATURES WITHOUT A NOTICE TO YOU.

6.3.    WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF THE SERVICE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION. WE DO NOT ENDORSE ANY ENTITY, PRODUCT, INFORMATION OR SERVICE MENTIONED IN ANY USER GENERATED CONTENT ON ANY PLATFORM NOR ANY COPYRIGHT INFRINGMENT.

 

7.       Limitation of Liability

7.1.    THE USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SITE OR THE SERVICE, OR THE USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF WHETHER WE OR AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES WILL BE LIMITED TO TEN US DOLLARS ($10).

 

8.       Indemnification

8.1.     You agree to defend, indemnify and hold us harmless (including any officers, directors, employees and agents) from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Service. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

 

9.       Copyright

9.1.    We respect the intellectual property rights of others. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to us: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim 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 sufficient to permit us to locate the material; (iv) 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, its agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. For Copyright matters, we should be reached through the following address: legal@redevised.com

 

10.   General

10.1.These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.

10.2.Any claim relating to the Service or the use thereof will be governed by and interpreted in accordance with the laws of the State of California.

10.3.If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions.

10.4.No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

10.5.These Terms constitute the entire terms and conditions between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us.

 

11.   Termination

11.1.We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

12.   Contacting Us

12.1.We believe that making great products requires being in communication with the users and purchasers of those products. We encourage your feedback; however, if you are not 18 years of age or older, you should get your parent or guardian’s permission to contact us.

12.2.We can be reached at:  support@redevised.com