Terms of Service
(Updated September 15, 2016)
Time4Writing provides service to users through its website, www.Time4Writing.com, subject to the following Terms of Service, which may be updated or modified by Time4Writing at any time without notice to you. Whenever you access the Time4Writing website, you do so subject to the Terms of Service and all policies or procedures specifically incorporated herein by reference.
Acceptance of Service
Your use of the Time4Writing website constitutes your acceptance of and your agreement to abide by these Terms of Service, and all incorporated policies and procedures. Do not use the website if you do not agree to the Terms of Service!
Description of Service
Time4Writing’s website offers online writing courses designed to help elementary, middle and high school students build and master the art of writing at all levels (the “Service”). As a software-based Service with ongoing updates based on user feedback, there may be problems of implementation or performance, commonly known as “bugs”. Although Time4Writing strives to test, update, maintain, and optimize its system regularly so that the Service is delivered to users safely and effectively, the Service is provided “as-is” and Time4Writing makes no guarantees as to the quality, reliability or fitness for any particular purpose of its Service.
Individual Users. “Individual Users” (e.g. parents unaffiliated with a particular school or institution) wishing to register for an 8-week online writing course offered by Time4Writing must create an account with Time4Writing and pay a one-time fee for a token, which can be redeemed for a course. Individual Users may submit payment online using Visa, MasterCard, Discover, American Express, or Paypal™, and receive a token as soon as they submit payment. Individual users who wish to pay by alternative means, such as a personal check, must contact Time4Writing at [email protected] to make arrangements. Payments made by personal check usually take 2-4 business days to process, however it may take longer. Individual Users paying by personal check will receive a token once Time4Writing receives and processes the payment.
Institutional Users. “Institutional Users” (e.g. schools and educational institutions, and parents affiliated with an approved institution) wishing to utilize Time4Writing courses in support of or in lieu of their writing curriculum must contact Time4Writing and complete and sign a Purchase Order (PO) Servicing Agreement. Time4Writing will bill the Institutional User in accordance with the billing policies outlined in the PO Servicing Agreement, which is specifically incorporated herein and made part of the Terms of Service by reference.
Refunds & Cancellations. All payments to Time4Writing are non-refundable, and no refunds or credits will be issued, except as provided herein. Individual Users who pay by credit card or Paypal™ have 14-days from the date they redeem a token to cancel that course and request a refund, provided the token is redeemed within 90 days of purchase (“14-day Money Back Guarantee”). Any requests for cancellation after the 14-day Money Back Guarantee period will not be entitled to a refund. Individual Users may request a cancellation and a refund any time during the 14-day Money Back Guarantee period by contacting Time4Writing at [email protected] or 855-771-0915.
Billing Security. Time4Writing uses Secure Sockets Layer technology that sends credit card data in encrypted code. Time4Writing does not keep a record of, or have access to your credit card number.
Passwords. Your password gives you access to the Service. Please take appropriate measures to keep your password confidential and do not share it with third parties or with your children. You will be responsible for all activities that occur under your password regardless of whether you are the person who took such actions. If your password gets disclosed, please advise Time4Writing immediately and we will issue a new password and eliminate the previous one.
Time4Writing Proprietary Rights
You acknowledge and agree that the Service provided by Time4Writing, and all necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through Time4Writing.com is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Time4Writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service provided by Time4Writing or the Software, in whole or in part.
You also agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Time4Writing website.
Grant of Limited License. Time4Writing grants to you, the Licensee, and your listed users, a personal, nonexclusive, and nontransferable license to use the Service on a single computer or smart device at a time. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Time4Writing for use in accessing the services.
Restrictions of Use. You understand that the Software and Service offered by Time4Writing are wholly owned by Time4Writing and/or its vendors or third party websites and are protected by copyright and other laws in the United States and elsewhere. A Licensee may not copy or distribute the Software or Service to anyone, for any purpose, at any time. As a Licensee, you are permitted to the use of the Service for the number of users registered while they are paying for its use: there is no transfer of ownership or copyright. You agree that this License grant does not include the rights of modification, manufacture, distribution, sale, or sublicense. Time4Writing reserves the right to cancel your account or access to a course without refund if it is determined that you have violated this portion of the Terms of Service.
Trademarks & Copyrights
Copyright © 2016 Time4Writing.com. Any rights not expressly granted in this Agreement are reserved for the exclusive use of Time4Writing. The owner and manufacturer of Time4Writing.com is VKidz, Inc. 6300 NE 1st Ave. Suite 203, Ft. Lauderdale, FL 33334. “Time4Writing” and “Time4Writing.com” are the exclusive trademarks of VKidz, Inc. All other copyrights and trademarks appearing on the Time4Writing.com website are the exclusive rights of their respective owners. If any company does not wish the site to be listed, please contact us at [email protected]
Copyright Violation Notice
Time4Writing respects the intellectual property of others and we ask our subscribers to do the same. If any copyright owner believes that there is any intellectual property infringement on the Time4Writing.com website, please contact us at [email protected] and we will investigate and change or drop the link immediately. If you believe that your work is accessible on the Time4Writing service in a way that constitutes copyright infringement, you may notify us via email by providing Time4Writing the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. Identification of the URL or other specific location on the Time4Writing site where the material that you claim is infringing is located;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Time4Writing.com shares intellectual property with Time4Learning.com, a highly popular online service providing a comprehensive PreK-High School multi-subject curriculum featuring student-paced learning in a fun and entertaining format. Time4Learning.com is widely used for homeschooling curriculum, after-school enrichment and remediation and summer study.
Certain fonts found on this site are licensed from Downhill Publishing, LLC and are available through www.Fonts4Teachers.com.
Astute observers will notice the music in the games was first heard in Croc, Legend of the Gobbos. The Croc music is licensed from Jez San, the copyright owner.
You agree to indemnify and hold Time4Writing, its parent and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you submit, post, transmit or make available through the Time4Writing website, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
Disclaimer of Warranties
1. Time4Writing provides the service on an “as-is” and “as-available” basis. TIME4WRITING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. TIME4WRITING MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TIME4WRITING OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TIME4WRITING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TIME4WRITING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOUR SOLE REMEDY WILL BE TO TERMINATE YOUR MEMBERSHIP.
No Guaranty of Results
Time4Writing.com and the Service it offers are tools to assist your child for education purposes. Because every child learns differently, Time4Writing cannot guarantee particular results from a child’s use of the Service.
Modification of Terms
The Terms of Service (and any agreement, rule, or policy incorporated by reference) may be modified by Time4Writing at any time by publication through the Time4Writing website or by sending you an email. You are responsible for regularly reviewing the Time4Writing website to obtain timely notice of such modifications. You shall be deemed to have accepted such modifications by continuing to use the site after 15 days of when such modifications have been posted or you have been alerted by email. In the event that you object to any material changes to the Terms of Service (or the terms and conditions of an incorporated policy or agreement), your sole and exclusive remedy will be to terminate your Membership and to cease using the services. Upon request, remaining subscriptions costs will, if cancelled due to a change of Terms of Service, not be billed.
Jurisdiction, Venue, & Interpretation
The Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida. Each party consents to personal jurisdiction and venue in Broward County Court. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. If a court of competent jurisdiction rules as invalid any provision of this agreement or the application of any provision to any person or circumstance, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service, the use of the Time4Writing website, or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Terms of Service constitute the entire agreement between you and Time4Writing and govern your use of the Service offered by Time4Writing. The Terms of Service supersede all prior agreements between you and Time4Writing. You understand and agree that you may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Time4Writing to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.