Terms and Conditions
Incredible Years® Policy for Website Use and Intellectual Property Copyright
ACCESS TO AND USE OF INCREDIBLE YEARS, INC.’S WEB SITE at https://incredibleyears.com/ and any of the PAGES (COLLECTIVELY THE “SERVICE”) ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (COLLECTIVELY “TERMS”).
THESE TERMS GOVERN OUR RELATIONSHIP WITH USERS AND ANY OTHERS WHO ACCESS OR USE IN ANY WAY WITH THE SERVICE. VIOLATION OF the TERMS WILL RESULT IN THE DENIAL OF YOUR CONTINUED ACCESS TO OR USE OF THE SERVICE.
WE RESERVE THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SERVICE (OR ANY PART THEREOF) BY NOTIFYING YOU OF THE EFFECTIVE DATE OF ANY SUCH CHANGES THROUGH POSTING THE NOTICE ON THE SERVICE. By using or accessing the Service, you are agreeing to be bound by the Terms and Conditions described herein (“Terms”).
A. DEFINITIONS.
1) When the words “we” or “our” or “us” (or similar words) are used, such words mean Incredible Years, Inc., a Washington State, USA, corporation (“Incredible Years”). Incredible Years is the owner of the Service.
2) When the words “you” or “your” (or similar words) are used, such words mean the user having access to or using our Service.
3) When we use the word “Brands”, it includes without limitation the USPTO registered trademarks that we own (The Incredible Years®, Parenting Pyramid®, Teaching Pyramid® and Attentive Parenting® registered marks); the Washington State trade name “The Incredible Years”; and common law analogs or derivatives similar in sight, sound or meaning, to the registered marks and trade name.
4) When we use the word “Works” we mean the books, posters, videos and other printed or visual materials, training materials and other copyrighted works owned by Carolyn Webster-Stratton, the founder of Incredible Years, Inc.
B. AMENDMENT.
We may amend our Terms at any time by posting the amended terms on our website. These Terms and Conditions were last updated on: 31 JULY 2014
C. USE AND ACCESS.
1) You must not, in the use of the Service, violate any laws in any jurisdiction protecting our Website or any of the Intellectual Property Rights on our Website (including but not limited to our Brands and Works).
2) Except as specifically allowed in the subparagraphs below, you may not duplicate, copy, or reuse any portion of the Service, our Brand or the Works without advance express written permission from us. Please email us if you wish to receive a free Brand Licensing Agreement and media kit, and we will provide you information about what is required for getting both. You may use temporary caching-only on the Web browser in order to play videos or see images or listen to sound files or to view text. The only exceptions are for two categories; You may download, save, copy, use and distribute (i) royalty-free pdf files that we provide for potential use with parents, teachers and/or students and/or (ii) informational materials that we provide for administrators (i.e. goals, objectives, fact sheets, brochures) but no videos or photos may be saved, copied, modified, used, distributed or otherwise published by any means. Please see E.2) below for contact information if You are interested either in (a) a royalty-free Brands Licensing Agreement and media kits to those who qualify and/or (b) free overview DVDs.
3) You may not damage, disable, overburden, or impair the Service (or the networks connected to the Service) or interfere with anyone’s use and enjoyment of the Service. You may not use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”) or for any phishing. You may not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or us. You may not use any automated process or other means to access and/or use the Service (such as a BOT, a spider, or “meta-searching”). You may not use any means to modify or reroute, or attempt to modify or reroute, the Service. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of our Service.
4) You agree to defend, indemnify and hold harmless us and our directors, officers, managers, employees, agents and affiliates from any losses, liabilities, damages, expenses or costs (including without limitations court costs and attorney fees) arising from, relating due or in connection with your violation of any of the Terms herein.
D. DISCLAIMERS; LIMITATIONS ON LIABILITIES AND REMEDIES.
1) We provide the Service “as-is,” “with all faults,” and “as available.” You bear the risk of using the Service. To the maximum extent permitted by law, we provide no express promises, guaranties or warranties for our Service. You may have some other rights under your local laws that these Terms cannot change. To the extent permitted by law, however, we exclude any implied warranties or conditions of any kind.
2) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCES SHALL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO YOU FOR ANY SPECIFIC PERFORMANCE OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, TREBLE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATING TO YOUR ACCESS TO OR USE OF OUR SERVICE, OR FOR ANY DAMAGES FOR LOSS OF GOODWILL OR LOST PROFITS, IMPAIRMENT OF BUSINESS, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE, NEGLIGENCE, OR FOR ANY OTHER PECUNIARY OR OTHER LOSSES WHATSOEVER OTHER THAN DIRECT DAMAGES SUBJECT TO THE CAP ON DAMAGES AS EXPLAINED FURTHER BELOW. THESE PROVISIONS APPLY EVEN IF WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES OR INDEPENDENT CONTRACTORS HAVE BEEN ADVISED BY YOU OF THE POSSIBILITY OF SUCH DAMAGES OR KNOW OR SHOULD HAVE KNOWN OF THE POSSIBLITY OF SUCH DAMAGES. IN NO CASE SHALL WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES OR INDEPENDENT CONTRACTORS INDIVIDUALLY OR COLLECTIVELY HAVE ANY POTENTIAL OR ACTUAL LIABILITY TO YOU IN AN AGGREGATE AMOUNT OF TOTAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT OR GENERAL DAMAGES) FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THE SERVICE THAT IN THE AGGREGATE EXCEEDS IN TOTAL ONE US CENT (US 0.01). NOTHING HEREIN SHALL EXCLUDE, RESTRICT OR LIMIT IN ANY MANNER OUR RIGHTS AND REMEDIES OR YOUR LIABILITY IF YOU INFRINGE OR MISAPPROPRIATE ANY OUR BRANDS OR COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OR IF YOU VIOLATE THE TERMS. THE PRECEDING LIMITATIONS AND CAP APPLY TO ANYTHING RELATED TO:
• the Service,
• content on the Service or on any links to third party Internet sites,
• viruses or other disabling features that affect your access to or use of the Service,
• any incompatibility between the Service and other Internet software;
• delays or failures you may have in accessing or using the Service;
• or any other claims of any kind in connection with your access to or use of the Service.
As previously stated, the above provisions apply even if
• a remedy does not fully compensate you for any losses, or fails of its essential purpose, or
• We knew or should have known about the possibility of the damages.
3) Some countries or states may not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
4) CLAIM MUST BE FILED WITHIN SIX MONTHS. To the extent permitted by law, any claim related to these Terms or the Service must be brought within six (6) months which begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred.
E. INTELLECTUAL PROPERTY RIGHTS; LICENSES OR PERMISSION.
1) We own or are permitted to use certain “Intellectual Property Rights” meaning: United States and foreign intellectual property rights and/or industrial property rights arising under statutes, laws, regulations, common law, treaties, conventions, or other source, whether or not vested or inchoate, whether registered or unregistered, including, without limitation, all (i) provisional patents, patents applications, patents, including without limitation any patent applications filed or patents acquired at any time; (ii) rights associated with works of authorship including copyrights, copyright applications, copyright registrations, moral rights, mask work rights, mask work applications, and mask work registrations; (iii) rights relating to the protection of trade secrets; (iv) trademark, trade dress, or service mark rights (for example our Brands); (v) any right analogous to those set forth in this section and any other proprietary rights relating to intangible or industrial property; (vi) utility models, divisionals, continuations, continuations-in-part, renewals, reissues, and extensions of the foregoing (whether now existing, hereafter filed, issued, or acquired), for any Intellectual Property Rights; and (vii) any license or similar rights obtained from third parties with respect to any of the rights set forth in this section but only to the extent that any such license or other rights may be sublicensed by the licensee thereto. The term “Invention” means inventions construed broadly and includes, but is not limited to, concepts, discoveries and ideas, whether patentable or not, including but not limited to computerized business methods, programs, methods, applications, designs, formulas, machines, methods, processes, product ideas or designs, and techniques, as well as improvements thereof or know-how related thereto.
2) We reserve all our own Intellectual Property Rights to the Service, including without limitation, the Brands. Carolyn Webster-Stratton reserves all her copyrights into the Works. You may not duplicate, copy, or reuse any portion of the Service (including any code) without advance express written permission from Incredible Years, Inc., which may be granted or withheld in its sole discretion. We do offer (a) a royalty-free Brands Licensing Agreement and media kits to those who qualify and/or (b) free overview DVDs. If you are interested, email us for information about these possibilities. Our email address for such inquiries is incredibleyears@incredibleyears.com.
F. LINKS TO THIRD-PARTY WEB SITES.
THE SERVICE MAY INCLUDE LINKS TO third-party Web sites. These third-party Web sites are not under our control. If we include these links in the Service, we provide them to you as a convenience only. The inclusion of these links is not an endorsement by us of any third-party Web site, service or product. YOUR USE OF LINKS TO THIRD-PARTY WEBSITES WILL BE SUBJECT TO THEIR TERMS AND CONDITIONS AND PRIVACY POLICIES, NOT OURS.
G. APPLICABLE LAW AND PLACE FOR RESOLVING DISPUTES.
These Terms constitute an enforceable contract between you and us under the laws of the State of Washington, United States of America, regardless of any potential conflicts of laws. WE PROVIDE THE SERVICE FROM THE STATE OF WASHINGTON, UNITED STATES OF AMERICA. Any claim against us must be brought in a federal or state court situated in Seattle, King County, Washington.
H. INTERPRETATION OF TERMS; INTEGRATION.
These Terms shall be interpreted without regard to any rule disfavoring the party who drafted any specific term, condition or language. All parts of these Terms apply to the maximum extent permitted by law. A court may hold that that a portion of part of one of these Terms as written may not be enforceable. If this happens, then such part will be replaced with terms that most closely match the term or terms that may become unenforceable. The rest of these Terms will not change. These Terms constitute a contract and together with any codes of conduct and other notices we provide, constitute the entire TERMS between you and us regarding the Service.
I. FORCE MAJEURE.
Time periods for our performance under any of the Terms shall be extended for periods of time during which our performance is prevented due to circumstances beyond our control, including without limitation, fires, floods, earthquakes, lockouts, strikes, embargoes, governmental regulations, acts of God, acts of terrorism, war or other strife.
J. WORDPRESS.ORG PRIVACY POLICY
Our Service is a wordpress.org site and subject to its Privacy Policy which can be viewed at https://wordpress.org/about/privacy/.
K. NO RIGHTS OF THIRD PARTIES.
No third party shall have any right to enforce any of the Terms regardless of whether such third party has been identified by name, as a member of a class or as answering a particular description.