Phonics Museum | Terms of Service

Terms of Service

Please read these Terms of Service and our Privacy Policy (http://phonicsmuseum.com/privacy) carefully before using Veritas Press, Inc.'s ("VERITAS PRESS") Services.
Whenever you use the Services, you agree that these Terms of Service will control the relationship between you and VERITAS PRESS. If you do not agree to all the terms and conditions, you must not use our Services.


  1. DEFINITIONS
    1. Account — Any account provided by VERITAS PRESS that you create to access certain Services.
    2. In-App Purchases - Non-Virtual Goods available for purchase through the Services. Including, but not limited to remove ads or full upgrade. 
    3. IP Right — Any intellectual property right, including but not limited to any copyright, trademark, patent, trade secret, industrial design right, database right, software, idea, concept, method, invention, Content, Item, or combinations thereof.
    4. Privacy Policy — VERITAS PRESS policy regarding privacy. The current version is found at http://phonicsmuseum.com/privacy.
    5. Service or Services — Any application, website, game, and other related services by VERITAS PRESS and its affiliates.
    6. Terms of Service or Terms — These terms of service
    7. Virtual Goods— Digital material VERITAS PRESS may make available under certain restrictions. Including, but not limited to gold, tokens, and coins. 
  2. OWNERSHIP AND LIMITED LICENSE — SERVICES LICENSED NOT SOLD
    1. Ownership. All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a VERITAS PRESS game client, and the VERITAS PRESS game clients and server software) are owned or licensed by VERITAS PRESS. VERITAS PRESS reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
    2. License. Subject to your agreement and continuing compliance with these Terms of Service and any other relevant VERITAS PRESS policies, VERITAS PRESS grants you a non-exclusive, non-transferable, revocable limited license, subject to the limitations in these Terms, to access and use the Services for your own non-commercial entertainment purposes. You agree to not use the Services for any other purpose.
    3. License Limitations. Any use of the Services in violation of these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license and may subject you to liability for violations of law. Further, we may deactivate or delete accounts that are deemed inactive. "Inactive" will be defined by VERITAS PRESS based on average usage of the Services from other users.

      You acknowledge you will not directly or indirectly:

      1. Partake in any activity or action that VERITAS PRESS deems to be against the spirit or intent of the Services.
      2. Copy, distribute or reproduce any Service or related content.
      3. Attempt to harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, or VERITAS PRESS itself.
      4. Initiate, assist, or become involved in any form of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or other person's use or enjoyment of the Service.
      5. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a VERITAS PRESS employee.
      6. Attempt to gain unauthorized access to the Service or Accounts not belonging to you.
    4. Your Account and Virtual Goods and/or In-App Purchases. 
      1. No matter what else is said in these Terms or anywhere else within the Services, you have no right or title to the Account you create on our Service and your Account is not your property. Likewise, In-App Purchases and Virtual Goods, regardless of whether they were "earned" or purchased within the Services, are not your property. Your Account, any Virtual Goods, and any In-App Purchases are owned by VERITAS PRESS and are licensed to you under the same rules as 2(a). 
      2. Further, we may deactivate or delete accounts that are deemed inactive. "Inactive" will be defined by VERITAS PRESS based on average usage of the Services from other users. If you would like us to deactivate your account, please alert us here: [email protected].
  3. FEES AND PAYMENT TERMS
    1. Within the Services, you may purchase, with "real world" money, a limited license to use Virtual Goods and/or In-App Purchases. VERITAS PRESS may manage, regulate, control, modify or eliminate all Virtual Goods and/or In-App Purchases at any time, with or without notice. VERITAS PRESS shall have no liability to you or any third party if VERITAS PRESS exercises any such rights. 
    2. Virtual Goods or In-App Purchases purchased within the Services on other platforms such as Facebook, Apple iOS, or Android will be subject to those platforms' payment terms and conditions. VERITAS PRESS does not control how you can pay on those platforms. Please review those platforms' terms of service for additional information. 
    3. Payment for a subscription will be charged to your App Store account at confirmation of purchase. Your subscription automatically renews unless auto-renew is turned off at least twenty-four (24) hours before the end of the current period. Your account will be charged the then-applicable subscription price within twenty-four (24) hours prior to the end of the current period. Subscriptions may be managed and auto-renewal may be turned off by going to the Account Settings screen in the App Store app on your device after purchase.
    4. ALL SALES ARE FINAL AND YOU ACKNOWLEDGE THAT VERITAS PRESS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. 
  4. DURATION
    1. Unless modified or amended by VERITAS PRESS, this agreement and its provisions shall remain in effect. Termination of any license granted by VERITAS PRESS under this agreement does not affect any other provisions of this agreement.
  5. ACCOUNT ACCESS AND PERMISSIBLE ASSIGNMENT
    1. You warrant and represent that you: 1) are legally competent to read, understand and accept the provisions of this agreement on behalf of yourself; or 2) are a minor under the age of 18 who has been authorized under the provisions of Section 5(c) below. If you are under 18 years of age, your legal guardian must give permission for you to use our Services. If you are under 18 years of age, you must not use any part of the Services or submit personal information through the Services without permission from your legal guardian. 
    2. If a minor has been allowed access to the Services under Section 5(c) below, only that minor may use the Services thereafter. You may not make any assignment or transfer of rights, obligations or liabilities related to this agreement and any attempt by you to do so is null and void.
    3. If you are an adult who is otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself and a minor under the age of 18 for whom you are legally permitted to allow access to the Services, you can choose to allow use of the Services by that minor instead of yourself subject to the following provisions:
      1. You acknowledge, and further agree they are entering into an agreement with your consent;
      2. You acknowledge, and further agree you are responsible for all the provisions in these Terms;
      3. You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
      4. In consideration for VERITAS PRESS allowing access to the Services by a minor, and in addition to the provisions of Section 8 below, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless VERITAS PRESS with respect thereto.
  6. SERVICE AND AVAILABILITY 
    1. You acknowledge that VERITAS PRESS may in its sole and absolute discretion provide subsequent versions, enhancements, modifications, upgrades or patches related to any part of the Service.
    2. You acknowledge that admission to the Service may be interrupted for reasons within or beyond the control of VERITAS PRESS, and that VERITAS PRESS cannot and does not guarantee you will be able to use the Services whenever you wish to do so.
  7. ADDITIONAL WARRANTIES AND REPRESENTATIONS BY YOU
    YOU ACKNOWLEDGE THAT VERITAS PRESS AND VERITAS PRESS AFFILIATES ARE NOT LIABLE
    (1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR
    (2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES. 
    THE RISK OF USING THE SERVICE RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICE.
    TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICE, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
    TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF VERITAS PRESS AND/OR VERITAS PRESS AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID VERITAS PRESS AND/OR THE VERITAS PRESS AFFILIATE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
    IF YOU HAVE NOT PAID VERITAS PRESS OR ANY VERITAS PRESS AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH VERITAS PRESS AND/OR ANY VERITAS PRESS AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
    YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY; AND YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
    Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above. So these limitations/exclusions may not apply to you if you reside in one of those states or countries.
    You acknowledge and agree that Apple Inc., and Apple Inc.’s subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple will have the right, and has accepted the right, to enforce the Terms against you as a third party beneficiary thereof.
    (1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR
    (2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.
    THE RISK OF USING THE SERVICE RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICE.
    TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICE, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
    TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF VERITAS PRESS AND/OR VERITAS PRESS AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID VERITAS PRESS AND/OR THE VERITAS PRESS AFFILIATE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
    IF YOU HAVE NOT PAID VERITAS PRESS OR ANY VERITAS PRESS AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH VERITAS PRESS AND/OR ANY VERITAS PRESS AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
    YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY; AND YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
    Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above. So these limitations/exclusions may not apply to you if you reside in one of those states or countries.
    You acknowledge and agree that Apple Inc., and Apple Inc.’s subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple will have the right, and has accepted the right, to enforce the Terms against you as a third party beneficiary thereof.
  8. INDEMNITY
    1. You agree to defend, indemnify and hold harmless VERITAS PRESS, any third-parties under agreement with VERITAS PRESS, any parent, subsidiary or affiliate of VERITAS PRESS, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, injuries, damages, losses or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
      1. Your failure to comply with any provision of this agreement;
      2. Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
      3. Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
    2. You acknowledge, and further agree, that VERITAS PRESS has no obligation to defend, indemnify or hold harmless you in any way related to this agreement including, but not limited to, your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
  9. DISPUTE RESOLUTION
    1. Informal Resolution. With respect to the resolution of any controversy related to this agreement (hereinafter “Dispute”) you agree to try to resolve any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency.
    2. Contact Information. VERITAS PRESS can be reached at the following address:
      Veritas Press, Inc. 
      1805 Olde Homestead Lane
      Lancaster, PA 17601
    3. Veritas Press, Inc. 
      1805 Olde Homestead Lane
      Lancaster, PA 17601
    4. Mandatory Binding Arbitration. If you are not able to satisfactorily resolve a Dispute informally within a total of ninety (90) days or if VERITAS PRESS, in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of ninety (90) days, you agree that either you or VERITAS PRESS may request resolution by final and fully binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association. 
      1. The American Arbitration Association (AAA) will run the arbitration between you and VERITAS PRESS, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
      2. YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT AND/OR HAVE A JURY TRIAL WITH RESPECT TO ANY SUCH DISPUTE. Accordingly, you and VERITAS PRESS agree that neither shall attempt to have any other Dispute related to any other party, including but not limited to any class action, joined to any arbitration in which you are involved. Thus, to the fullest extent permitted by law no arbitration proceeding shall be joined with any other or decided on a class-action basis.
  10. GENERAL PROVISIONS
    1. It is your responsibility to read, understand and accept this agreement in connection with your use of the Services. You acknowledge that VERITAS PRESS may make changes to the provisions of this agreement at any time and that Section headings in this agreement are for purposes of convenience only. 
    2. Force Majeure. Both you and VERITAS PRESS shall be excused from any failure to perform any obligation under this agreement to the extent such failure is caused by war, terrorism, acts of public enemies, strikes or other labor disturbances, fires, floods, acts of god, or any causes of like or different kind beyond the control of you or VERITAS PRESS, as applicable under the circumstances.
    3. No Waiver. If We do not enforce a provision of these Terms, or our Privacy Policy, that does not waive our right to do so later. And, if We do expressly waive a provision of these Terms, or our Privacy Policy that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and us to be legally binding.
    4. Waiver. Signed written consent from a legally authorized representative of VERITAS PRESS is required to waive any provisions of this agreement. Any waiver of any provision of this agreement, intentional or otherwise, shall not be deemed a waiver of any other provisions of this agreement.
    5. Injunctive Relief. You and VERITAS PRESS acknowledge that breach of this agreement may result in irreparable harm and loss, and upon a breach of this agreement the non-breaching party (i.e. you and/or VERITAS PRESS) shall be entitled to immediate injunctive relief from a court of competent jurisdiction, which is in addition to, not in lieu of remedies at law and/or any other remedies set forth in this agreement.
    6. Governing Law and Venue. This agreement and any controversy related to this agreement shall be interpreted in accordance with and governed by the laws of the state of Pennsylvania, or, as appropriate, by federal law as applied by a federal court sitting in Pennsylvania, both without regard to Pennsylvania choice of law rules.
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