Terms of Service

Effective Date: November 5, 2020

Acceptance of the Terms of Service

Thank you for visiting our websites located at toytheater.com, member.toytheater.com, classplayground.com, which we refer to collectively below as the "Services". Through the Services, Toy Theater, a sole proprietorship (referred to as "Toy Theater", "we", or "us"), delivers educational content. We offer the Services to you, your children and student(s)(referred to as "you" or a "user") under the Terms of Service described below. These Terms of Service govern access to and use of the Services by you. By using and accessing the Services, you, on your own behalf and on behalf of your children agree to these Terms of Service. You acknowledge and agree that your access to and use of the Services are valuable benefits that you receive by agreeing to and complying with these Terms of Service. If you do not agree to these Terms of Service, you should not use the Services.

Modifications to the Terms of Service and to the Services

Toy Theater may, in our sole discretion, amend these Terms of Service at any time. Any updates will be effective when posted on the Services. Users are responsible for periodically reviewing the Terms of Service to be aware of changes. By continuing to use the Services, you agree to such changes. The Services, and the information and material on the Services, may be changed by us at any time. Toy Theater will not be liable if, for any reason, all or any part of the Services is restricted to users or unavailable at any time.

User Information

The security of your information is very important to us. When you provide personal information to us through the Services, we safeguard your information in accordance with our Privacy Policy, which is incorporated into these Terms of Service.

The safety and security of your personal information also depends on you. You are responsible for your use of the Services. You must ensure that anyone who accesses the Services through your internet connection is aware of these Terms of Service and complies with them. It is a condition of using the Services that all the information you provide on the Services and/or to us related to the Services is correct, current, and complete. If such information has changed, contact us immediately at the contact information below.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect user information, we cannot guarantee the security of your information transmitted to our Services. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

Membership Services

Account Terms. To access certain parts of the Services, such as our membership specific Services provided at member.toytheater.com ("Membership Services"), you will need to create an account ("Account") that requires a username and password and other credentials ("Login Information"). Except as otherwise provided in these Terms of Service, you will not share your Login Information with anyone else or let anyone else use your Account. You are responsible for any activities that happen through your Account. Toy Theater reserves the right to terminate your Membership Services and remove your Account at any time and for any reason.

In order to access the Membership Services, you will need to purchase a subscription ("Subscription"). In order to purchase a Subscription, you must be at least eighteen (18) years of age. A Subscription provides you with access to one (1) Account. Each Account includes one (1) "Adult User" (who must be an individual at least eighteen (18) years of age) and up to thirty (30) "Secondary Users", all of whom may access the Membership Services simultaneously.

When creating an Account, Adult Users will create two sets of Login Information: (1) the "Admin Login" which may only be used by the Adult User associated with the Account and which may not be shared with anyone else; and (2) the "Student Login" which will consist of a username and an encrypted password created by the Adult User. The Adult User may share the Student Login credentials with the Secondary Users. The Adult User controls and is responsible for the Secondary Users' access to and use of the Account and the Membership Services. Only the Adult User may modify, customize or otherwise control the content available to the Secondary Users. By purchasing a Subscription, you represent and warrant that no Secondary Users' personal information will be provided to Toy Theater, including the names or email addresses of Secondary Users under the age of 13.
Subscription Fees. In consideration for your Subscription, you will pay a monthly subscription fee (each month being a "Subscription Period") at Toy Theater's then current membership rates ("Subscription Fee"). Toy Theater may, in our sole discretion, change the Subscription Fee at any time with notice to you, which change shall be effective at the end of your then current Subscription Period. If you do not agree to the change in your Subscription Fee you may cancel your Subscription at no charge. Toy Theater does not provide price protection or refunds for existing subscribers in the event of a price drop or promotional offering for new subscribers. Failure to pay your Subscription Fee when due may result in cancellation of your Subscription and revocation of access to your Account.

You must pay the Subscription Fee with a credit or debit card through our third-party service provider, Stripe ("Payment Mechanism"). By purchasing a Subscription, you authorize Toy Theater to automatically charge you through the Payment Mechanism. If we do not receive payment through the Payment Mechanism you will not be given access to an Account until payment is received. Please note that your use of Stripe to purchase a Subscription is subject to Stripe's Terms of Service and Privacy Policy, for which Toy Theater is not responsible.
Subscription Renewal and Cancellation. Your Subscription will renew automatically upon the expiration of the then current Subscription Period, unless cancelled by you in accordance with these Terms of Service. You may cancel your Subscription at any time prior to the expiration of the then current Subscription Period through your Account page. You will continue to have access to your Account until the end of the current Subscription Period, after which you will no longer be charged a Subscription Fee.

Intellectual Property Rights and Ownership

The Services and all of their content, features, and functionality (collectively, the "Services Content"), including, without limitation, all information, software, code, text, displays, graphics, photographs, video, audio, audio-visual content, design, presentations, selections, and arrangements, are owned by Toy Theater and/or its affiliated companies, vendors, contractors, licensors and/or licensees and are protected in all forms by intellectual property laws including, without limitation copyright, trademark, moral rights and any other proprietary rights. Your use of the Services does not give you any ownership of the Services Content.

All trademarks, logos, product and service names, designs, images, and slogans (collectively "Trademarks") displayed on the Services or within the Services Content are Trademarks of Toy Theater and/or others and may not be used unless authorized by the Trademark owner.

Use of the Services, Services Content or Trademarks, except as expressly authorized, will constitute an infringement and/or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action. Nothing contained in the Services should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any Services Content contained in, or Trademarks displayed on, the Services.

Your Use of the Services

The Services may only be used for the personal and non-commercial use by authorized users. You will not remove or alter any copyright, trademark or other legal notices from the Services or the Services Content. You may not modify, copy, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material found on the Services except where Toy Theater has given express written permission in advance or is otherwise permitted by law. >

Toy Theater expressly permits the following uses:

users' computers and browsers may temporarily store, or cache, copies of Services Content being accessed and viewed;
users may download and print a reasonable number of copies of Services Content for their personal non-commercial use and non-commercial educational purposes, provided that any such use is lawful and that no proprietary notices are removed from such materials. Toy Theater shall, in its sole discretion, determine what is deemed reasonable in the circumstances; and
in the event social media platforms are linked to certain content on the Services, users may take such actions as the Services and such third-party social media platforms specifically allow. If you or someone for whom you are responsible prints, copies or downloads any part of our Services in breach of these Terms of Service, your right to use the Services will cease immediately and that you must, at Toy Theater's option, return or destroy any copies of the materials printed, copied or downloaded. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may infringe or violate copyright, trademark, and/or other intellectual property or other proprietary laws, and could subject the infringer to legal action.

User Submissions

Except where explicitly provided for in these Terms of Service and our Privacy Policy, Toy Theater does not ask for any confidential, secret or proprietary information or other material from users through the Services, by email or in any other way. If a user submits any materials, content (including, for example, any photographs or artwork), information or ideas to Toy Theater ("User Submissions"), that user (i) represents and warrants that all User Submissions are original to that user, that no other party has any rights thereto, and that any "moral rights" in the User Submissions have been waived, and (ii) grants to Toy Theater a non-exclusive, fully-paid, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable, sublicensable, and worldwide license in all current and future media to reproduce, modify, adapt, publish, publicly perform and display, distribute, sublicense, create derivative works, sell, and otherwise use the User Submissions for any purpose Toy Theater chooses, commercial or otherwise, in its sole discretion, without any compensation or credit to that user and in accordance with our Privacy Policy. We cannot be responsible for maintaining User Submissions and we may delete or destroy User Submissions at any time.

Prohibited User Conduct

You warrant and agree that, while accessing or using the Services, you will not:

impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Services of Toy Theater;
insert your own or a third party's advertising, branding or other promotional content into any of the Services Content;
obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Services through any means, including through means not intentionally made publicly available or provided for through the Services;
engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Services, or obtaining lists of users or other information from or through the Services, including, without limitation, any information residing on any server or database connected to the Services;
use the Services in any manner that could interrupt, damage, disable, overburden or impair the Services or interfere with any other party's use and enjoyment of the Services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests;
use the Services in violation of the intellectual property or other proprietary or legal rights of Toy Theater or any third party;
use the Services in violation of any applicable law; or
attempt (or encourage or support any one else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services.

Enforcement, Suspension, and Termination

Toy Theater has the right, without provision of notice to:

take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms of Service;
take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notify the harmed party of any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services; and
terminate or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms of Service.

No Reliance

The Services Content is provided for general information purposes only. It is not intended to amount to advice on which you should rely. Users must obtain more specific or professional advice before taking, or refraining from taking, any action based on the Services Content.

Although we make reasonable efforts to update the Services Content, we make no representations, warranties, or guarantees, whether express or implied, that the Services Content is accurate, complete, or up to date. Use of the Services by you is at your own risk and neither Toy Theater nor the Toy Theater Parties have any responsibility or liability whatsoever for your use of the Services.

Third-Party Services

The Services may provide links or pointers to third-party sites. We make no representations about any other services that may be accessed from our Services. If you choose to access any such sites, you do so at your own risk. Toy Theater has no control over the contents of any such third-party sites and accepts no responsibility for such sites or for any loss or damage that may arise from use of them. You are subject to any terms and conditions of any third-party sites you use.

You may link to our Services, provided you do so in a way that is deemed by us to be fair and legal, and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Services must not be framed on any other site. We reserve the right to withdraw linking permission without notice. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT USE OF THE SERVICES, THE SERVICES CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THE SERVICES CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER TOY THEATER NOR THE TOY THEATER PARTIES MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SERVICES OR THE SERVICES CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER TOY THEATER NOR THE TOY THEATER PARTIES REPRESENT OR WARRANT THAT THE SERVICES, THE SERVICES CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND FOR YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO IT.

Limitation of Liability

No Consequential Or Indirect Damages: EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL TOY THEATER OR THE TOY THEATER PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER CAUSED BY BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE, OR RELIANCE ON THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT YOU WERE ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.

Maximum Liability: EXCEPT WHERE SUCH LIMITATIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL TOY THEATER'S OR THE TOY THEATER PARTIES' AGGREGATE LIABILITY, WHETHER CAUSED BY BREACH OF CONTRACT, TORT, OR OTHERWISE, AND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE, OR RELIANCE ON THE SERVICES, EXCEED THE TOTAL AMOUNT PAID TO TOY THEATER BY YOU IN THE ONE (1) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Toy Theater, the Toy Theater Parties and their respective assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including legal fees) arising out of or relating to your breach of these Terms of Service or your use of the Services including, but not limited to, your User Submissions, third-party site, Services Content or other of services and products other than as expressly authorized in these Terms of Service.

Governing Law and Choice of Forum

The Services and these Terms of Service will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in that Province, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the province of Ontario or any other jurisdiction) and notwithstanding a user's domicile, residence, or physical location.

Any action or proceeding arising out of or relating to the Services and under these Terms of Service will be instituted in the courts of the Province of Ontario. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You hereby waive any and all objections to the exercise of jurisdiction by such courts and to the venue of such courts. BY ENTERING INTO THESE TERMS OF SERVICE, YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST TOY THEATER OR THE TOY THEATER PARTIES.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Service operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms of Service is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

These Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Toy Theater regarding the Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Reporting and Contact

The Services are operated by Toy Theater. All notices of copyright infringement claims, reporting of misuse of the Services (including libelous or defamatory conduct), comments, questions, requests for technical support and other communications relating to the Services must be sent to: .