Effective Date: November 5, 2020
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.
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.
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.
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.
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.
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. >
You warrant and agree that, while accessing or using the Services, you will not:
Toy Theater has the right, without provision of notice to:
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.
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.
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.
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.
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.
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.
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.
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.
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: .