IT IS IMPORTANT THAT YOU CAREFULLY READ AND UNDERSTAND THIS AGREEMENT. BY CLICKING THE “I AGREE” BUTTON LOCATED AT THE END OF THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE CLICK THE “I DO NOT AGREE” BUTTON. IF YOU DO NOT ACCEPT THIS AGREEMENT, THE TEENSAFE SOFTWARE WILL NOT BE INSTALLED ON YOUR COMPUTER OR MOBILE DEVICE.
THE TEENSAFE SOFTWARE IS A SOFTWARE PROGRAM THAT MONITORS, AND PROVIDES YOU ACCESS TO, CERTAIN CELL PHONE AND COMPUTER ACTIVITIES OF YOUR CHILDREN USING COMPUTERS AND/OR MOBILE DEVICES ON WHICH THE TEENSAFE SOFTWARE IS INSTALLED (THE “PRODUCT”). BY CLICKING THE “I AGREE” BUTTON, YOU HEREBY WARRANT, REPRESENT, COVENANT AND CERTIFY THE FOLLOWING:
- All information that YOU provide to TeenSafe is true and accurate, including, without limitation, the ages of YOUR children that will be using mobile devices or computers with the Product;
- YOU will only use the Product as an aid to YOUR efforts to protect and enhance the welfare of children for whom YOU are the legal guardian;
- YOU consent to TeenSafe collecting the emails and text messages of each of YOUR children that is 13 years of age or older that YOU have registered with TeenSafe for YOUR exclusive password restricted access through the Product;
- YOU will not use the Product to monitor the activities of any child of YOURS that is 18 years of age or older or any other person for whom YOU are not the legal guardian;
- YOU will not use the Product in violation of any Federal, State or local law, rule, ordinance or governmental regulation;
- YOU will only use the Product to monitor the mobile device and computer activities of children for whom YOU are the legal guardian;
- YOU will properly follow all instructions and documentation provided by TeenSafe to YOU;
- YOU will not allow any other person to access the information that the Product collects from the computers and/or mobile devices on which the Product is installed;
- YOU will only install the Product on computers and mobile devices for which YOU are the authorized owner; and
- YOU have advised all users of the computers and/or mobile devices on which the Product is installed that YOU own those computers and/or devices and may re-possess and inspect those computers and/or devices and inspect the data they contain.
2. Trial Service Activities.From time to time TeenSafe may provide YOU access to the Product on an unpaid trial basis (the “Trial Account”) and for a limited amount of time (“Trial Period”) as specified on the Site during the sign-up process for the sole purpose of YOU personally evaluating the Product. YOU may only use a Trial Account in accordance with the TOU and additional terms outlined on the Site. If YOU elect to begin YOUR paid membership at the end of the Trial Period in accordance with the TOU, YOUR account will be converted to a Premium Account in accordance with the TOU, the Site and this Agreement. YOU acknowledge that by virtue of having a Trial Account that the features provided in the Product may be reduced or limited, YOUR access to the Product may be reduced or limited, the features in the Product may be changed during YOUR use, and TeenSafe may terminate YOUR access to the Product or stop offering the Product at any time pursuant to the TOU.
3. Premium Service Activities.YOU may elect to sign up for a paid premium service account (“Premium Account”) and pay TeenSafe for such account in accordance with the TOU and the terms outlined on the Site. Provided YOU have an active Premium Account, are in compliance with the TOU, are not delinquent in payments due thereunder, YOUR right to use the Product has not been terminated by TeenSafe and YOUR subscription has not expired, TeenSafe shall provide YOU access to the Product in accordance with the terms outlined in the TOU and on the Site for YOUR personal use in accordance with the terms and conditions of this Agreement. YOU acknowledge that YOUR access to the Product may not be continuous, features may change during YOUR use of the Product, and TeenSafe may terminate YOUR access to the Product or stop offering the Product at any time pursuant to the TOU.
4. License. Subject to the terms and conditions of this Agreement and for the sole purpose of personally evaluating the Product during the Trial Period if YOU have a Trial Account, or for YOUR personal use while YOU have an active Premium Account, TeenSafe hereby grants YOU a limited, non-exclusive, revocable license to (i) install the Product on one or more computers and/or mobile devices which are owned by YOU, are under YOUR control and which meet TeenSafe's minimum specifications, and (ii) view, review and utilize the Product and any related information provided to YOU by TeenSafe. YOU agree that YOU will not (i) sell, lease, license, sublicense, assign or grant a security interest in the Product; (ii) decompile, disassemble, or reverse engineer the Product, in whole or in part; (ii) write or develop any derivative software or any other software program based upon the Product, except as directed by TeenSafe and subject to the ownership terms of this Agreement; (iii) provide, disclose, divulge or make available to, or permit use of the Product by any third party without TeenSafe’s prior written consent; or (iv) copy the Product except as necessary to use the Product for YOUR personal evaluation of the Product if YOU have a Trial Account or for YOUR personal use if YOU have an active Premium Account. YOU represent that participation under this Agreement will not breach any agreement to keep in confidence proprietary information acquired by YOU in confidence or in trust prior to this Agreement. YOU represent that YOU have not entered into, and will not enter into, any oral or written agreement in conflict herewith.
5. Third Party Information. YOU agree that YOU will not at any time prior to or after this Agreement, improperly use or disclose any proprietary information or trade secrets of any other persons which may be in YOUR possession, if any. Further, should TeenSafe disclose confidential information of its third party licensors, YOU will comply with any use and confidentiality guidelines requested of YOU by TeenSafe. YOU will hold all such confidential and proprietary information in the strictest confidence and will not disclose it to any third party or use it for the benefit of any person other than for TeenSafe or such third party.
6. Title to Product. TeenSafe retains all right, title and interest in and to the original, and any copies of the Product and related information, improvements, enhancements or derivatives thereto and ownership of all intellectual property rights pertaining thereto, in whole or in part, shall be, vest with, and remain the exclusive property of TeenSafe. The Product and related written materials are protected by the copyright and patent laws of the United States and international copyright and patent treaties. YOU shall not be an owner of any copies of, or have any interest in the Product that may be provided, documentation, or other information.
7. Indemnification. YOU agree to indemnify, hold harmless and defend TeenSafe and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents, network service providers, business partners and licensors (collectively, the “Indemnified Parties”) at YOUR expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by TeenSafe arising out of or relating to YOUR (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein or (b) use or misuse of the Product.
8. Assignment of Feedback.TeenSafe shall exclusively own and have title to all feedback, reports and test results provided by YOU and any modifications or derivatives of the Product. YOU hereby make all assignments necessary to accomplish the foregoing, including assignment to TeenSafe of all ownership interest in any feedback, reporting, results, or any other related diagnostic or customer service information associated with YOUR use or personal evaluation of the Product and related written materials. The foregoing shall not apply to YOUR proprietary information, if any, disclosed to TeenSafe.
9. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.
- 9.1. Warranty Disclaimer. THE PRODUCT IS PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND. TEENSAFE EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES TO THE MAXIMUM EXTENT ALLOWED BY LAW, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE PRODUCT, DOCUMENTATION, OR ANY MATERIALS FURNISHED OR PROVIDED TO YOU UNDER THIS AGREEMENT. TEENSAFE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE FOREGOING.
- 9.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEENSAFE, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY TORT, CONTRACT, STRICT LIABILITY OR ANY OTHER THEORY IN EQUITY OR IN LAW FOR ANY CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT EVEN IF TEENSAFE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF TEENSAFE OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6)MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE.
10. TERM AND TERMINATION. This Agreement will take effect on the date YOU download the Product and will continue in effect unless terminated earlier pursuant to this Section. This Agreement may be terminated by YOU at any time provided that to the extent that YOU have a Premium Account, YOU terminate YOUR subscription to such Premium Account as instructed on the Site. If YOU terminate YOUR Premium Account, this Agreement shall remain in effect until YOUR current Premium Account paid period expires. TeenSafe may terminate this Agreement at any time, with or without cause, by providing notice to YOU and/or preventing YOUR access to the Product. Upon termination of this Agreement for any reason YOU must remove the Product from YOUR and YOUR children's computer equipment and mobile devices and dispose of all originals and copies of the Product in YOUR and YOUR children's possession. Notwithstanding termination or expiration of this Agreement, YOUR representations, warranties, covenants and certification at the beginning of this Agreement and Sections 5, 6, 7, 8, 9, 10, 11, and 12 shall survive. All licenses granted hereunder shall terminate upon the termination or expiration of this Agreement. Termination shall be in addition to any rights and remedies available to either party at law or equity or under this Agreement.
11. BINDING ARBITRATION.
- 11.1. Arbitration Procedures.YOU and TeenSafe agree that, except as provided in Section 11.4 below, all disputes, controversies and claims related to this Agreement (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Section 11 and the JAMS Rules, the terms in this Section 11 will control and prevail.
Except as otherwise set forth in Section 11.4, YOU may seek any remedies available to YOU under federal, state or local laws in an arbitration action. As part of the arbitration, both YOU and We will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) YOU and TeenSafe may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND TEENSAFE WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
- 11.2. Location.The arbitration will take place in YOUR hometown area if YOU so notify TeenSafe in YOUR notice of arbitration or within ten (10) days following receipt of TeenSafe’s arbitration notice. In the absence of a notice to conduct the arbitration in YOUR hometown area, the arbitration will be conducted in Los Angeles County, California, unless the parties agree to video, phone and/or internet connection appearances.
- 11.3. Limitations.YOU and TeenSafe agree that any arbitration shall be limited to the Claim between TeenSafe and YOU individually. YOU AND TEENSAFE AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
- 11.4. Exceptions to Arbitration.YOU and TeenSafe agree that any Claim seeking to enforce or protect, or concerning the validity of, any of YOUR or TeenSafe’s copyrights, trademarks, or patents and any claim for equitable relief related to such Claims are not subject to the above provisions concerning negotiations and binding arbitration. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
- 11.5. Arbitration FeesIf YOU initiate arbitration for a Claim, YOU will only need to pay an arbitration initiation fee of $250 and We will pay all other costs charged by JAMS for initiating the arbitration. If Teensafe is initiating arbitration for a Claim, Teensafe will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules. YOU will not be required to pay Our attorneys' fees or other costs if YOU do not prevail in the arbitration.
12. ADDITIONAL TERMS AND CONDITIONS. This Agreement may be amended only by a writing executed by both Parties unless modified from time to time by TeenSafe and posted on the Site. The next time YOU use the Product after such an update, YOU may be prompted to agree to or decline an update of this Agreement. YOU must agree to all revisions if YOU choose to continue using the Product. By using the Product, YOU agree to the then-current version of this Agreement as posted on the Site. If at any point YOU do not agree to any portion of the then-current version of this Agreement, YOU must immediately stop using the Product and uninstall the Product. This Agreement shall be is governed by, and will be construed under, the laws of the United States of America and the laws of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as provided in Section 11 above (and claims proceeding in any small claims court), all disputes arising out of or related to YOUR use of the Site, the Product and/or the service on the Site shall be subject to the exclusive jurisdiction of the state and federal courts located within Los Angeles County, California and YOU agree to submit to the personal jurisdiction and venue of such courts. This Agreement constitutes the entire, final and integrated agreement between the Parties concerning the subject matter hereof and supersedes all prior and contemporaneous understandings and communications, whether oral or written, between the Parties relating to the subject matter hereof. TeenSafe reserves any rights or licenses other than those specifically granted herein. This Agreement shall not be assigned (by operation of law or otherwise) or transferred in any manner by YOU without the prior written consent of TeenSafe.
YOU shall comply with the U.S. Export Administration Laws and Regulations and shall not transfer, export or re-export to any embargoed countries or denied persons or prohibited entities any information received from the disclosure or the direct product thereof. YOU acknowledge that a breach of this Agreement would cause irreparable injury to TeenSafe for which monetary damages are not an adequate remedy. Accordingly, We shall be entitled to seek injunctive relief and other equitable remedies in the event of such breach.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE PRODUCT, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITION
INTERNET SAFETY RECOMMENDATIONS
We have put together the following tips and guides for you to follow in order to ensure that you use the Internet and mobile phones safely and wisely.
- Once it’s on the Internet, it’s out there for anybody and everybody! Once you send a text, an email, a picture or a post, you can’t take it back. Anybody can forward what you send to anyone else. Always think twice before sending anything over the Internet. You never know who may get ahold of a picture or text that you meant to be private.
- Never send anyone a picture or video that you don’t want everyone to see (if it’s not OK for mom, dad, your teachers and everyone you know and people you don’t know to see, DON’T SEND IT)
- Never give out your passwords! Your passwords are your keys to your accounts. Never give them away, even to friends. If someone gets ahold of your passwords (even one of them) and decides to make changes to your accounts, it’s extremely difficult to get your digital life back on track.
- Your parents own your cell phone, Internet connection, computer and other devices, not you! As your parents own your cell phone and computer and tablets, they have the right to inspect them, monitor all activity that occurs on them, and make any changes they see fit to any accounts they have created or paid for, including email accounts, subscriptions and other accounts. Always remember that your parents have the right to keep track of your digital life. If you are worried about your parents finding out you are doing something online, then you shouldn’t be doing it!
- Only friend people you know! It’s very easy to get lots of friends online, but how well do you really know them? Friending a stranger is the same thing as talking to a stranger. It’s just something you shouldn’t do as you just don’t know who you are dealing with. Limit your online friends to people you know so strangers aren’t looking at your (or your other friends’) profiles.
- Piracy is illegal! Stealing music, games, software and other IP is still stealing, even if it’s online. When you steal off of torrents or file sharing software, you are committing crimes that could get your parents sued or worse. Plus, you never know what you are getting when you download from a warez site. You could easily wind up with a virus that ruins your computer rather than the software you thought you were getting.
- Being a bully hurts, even if it’s online. People can be much meaner and crueler on the Internet than in real life. Treat people the same online as you would treat them in person. Just because someone posts something anonymously doesn’t give them the right to hurt others’ feelings. If someone is bullying you, bring the behavior to the attention of your parent or guardian and ask for help right away.
- Always remember these tips when you go online or use your cell phone, but above all, use your common sense.
- Thinking a bit ahead about what you are doing online helps keep you and your family safe. Happy surfing!