Last Updated: 3/4/2023
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE PLATFORM
1 What’s in these terms?
- Loritos World is a Platform that provides unique and interactive content to promote the learning of the Spanish language to kids. The Platform is designed to bring in fun-filled and engaging language immersion education to children worldwide (“Services”).
- The following terms and conditions govern your access and use of the Platform and all information, content, services and functionality available on the website, https://www.loritosworld.com/and the mobile application (“Platform”).
- This Platform is owned and operated by Loritos Learning INC, a registered company at 2605 Crooks Rd, Troy USA – Michigan 48084 (“Loritos World”,” we”, “us “, or “our “).
2. COPYRIGHT NOTICE
2.1 All of the content you see on the Platform, including, for example, all of the page headers, images, illustrations, contents, graphics, audio clips, video clips, and text, are subject to trademark, service mark, copyright and/or other intellectual property rights or licenses held by Loritos World, one of its affiliates or by third parties who have licensed their materials and/content to Loritos World. The entire content of the Platform is copyrighted as a collective work under The United States Copyright Act, 1976 and Loritos World owns a copyright in the selection, arrangement and enhancement of the content in the Platform.
2.2 The content of the Platform, are intended solely for personal, non-commercial use by the Users of our Platform.
2.3 You may download, print and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Loritos World reserves complete title and full intellectual property rights in any content you download from this Platform.
2.4 Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without first obtaining written permission from Loritos World.
3. MODIFICATIONS TO AND AVAILABILITY OF THE PLATFORM
- We reserve the right to change, modify, or remove our content at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
- We cannot guarantee the Platform and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. You agree that Loritos World has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform or Services during any downtime or discontinuance of the Platform or Services. Although we will try our best, we are not obliged to maintain and support the Platform or Services or to supply any corrections, updates, or releases.
- There may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
4. PERSONAL INFORMATION SUBMITTED THROUGH THE PLATFORM
5. DISCLAIMER OF WARRANTIES
THIS PLATFORM AND ALL CONTENTS OF IT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS PLATFORM, THAT YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK, AND THAT LORITOS WORLD SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS PLATFORM OR ANY SERVICES OBTAINED THROUGH THE PLATFORM. WHILE WE WILL MAKE EVERY EFFORT TO KEEP CONTENT ON THIS PLATFORM CURRENT, WE DO NOT GUARANTEE IT IS THE MOST UP TO DATE INFORMATION AVAILABLE.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE THAT FILES FOR DOWNLOADING FROM THE INTERNET OR THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE PLATFORM FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE PLATFORM, OR ON ANY PLATFORM LINKED TO THE PLATFORM.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
6. LIMITATION OF LIABILITY
IN NO EVENT WILL LORITOS WORLD, RELATED COMPANIES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED FROM THE WEBSITE, ANY CONTENT OR SERVICES OBTAINED VIA THE PLATFORM OR OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, 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 TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, and hold Loritos World, its affiliates, our licensors, licensees, distributors, agents, representatives and other authorized Users, and each of the foregoing entities’, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the indemnified Parties in connection with any claim arising out of any breach of the policies or representations and warranties by you or arising from your account(s). You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right of reasonable approval over the choice of counsel to defend the indemnified Parties, which such cost and expense shall be borne by you.
8. LORITOS WORLD SUBSCRIPTION
- You must be a Parent to be able to subscribe to the Services provided in this Platform. In order to use the Services, you are required to download the mobile application from Google Play or Apple Store and create an account on the Platform. Any information you provide to us must be accurate, complete and up-to-date and you agree to update such information as needed. You are responsible for all activities that occur under your account.
- You must treat any Usernames or passwords associated with your subscription as confidential and you agree not to disclose them to any third party.
- We reserve the right to suspend and terminate subscription of any Parent displaying behavior, language and attitude which are contrary to internationally accepted standards when visiting or communicating on our Platform.
- As used in this section, Loritos World Subscription, the following capitalized terms shall have the meaning as ascribed to them in this section;
- The term “Parent” shall mean individuals in the capacity of a biological parent or a legal guardian who intend to subscribe to the content in Loritos World’s Platform for their child. For the purpose of clarity, Users in the Platform shall also include Parents.
- The term “Child” shall mean any individual who has been identified and added to the Child profile in the parent zone of the Platform.
Loritos World allows Parents to access certain interactive features and content on the Platform by subscribing as a member. Parent(s) may choose to opt for any of the following subscription plans as per their requirements.
Monthly Plan $9.99 – All content and features available for up to 3 users per account.
Annual Plan $89.99 – All content available and features available for up to 3 users per account.
Limited Free Version- There is also a “free” version that allows users to explore the platform which has a limited version of the app and includes limited content from the first unit of the app.
CHARGES FOR USER SUBSCRIPTION
- The charges for monthly and annual subscription is payable in full and upfront at the time of registration on the Platform after the free trial period of 7 days.
- Monthly subscriptions commence as soon as your 7-day free trial is over. Monthly subscriptions (“Monthly Plan”). include automatic monthly recurring payments. You authorize Loritos World to renew your subscription and to charge you periodically and progressively on each billing date. The subscription billing date is the date on which you purchase the subscription and make the first payment after the 7-day free trial. On the corresponding billing date, you will be automatically charged the corresponding monthly subscription fee in advance. The subscription will remain active until you cancel it or we terminate it. You must cancel your subscription before it renews to avoid the next billing period.
- Annual subscriptions commence as soon as your 7-day free trial is over. Annual subscriptions (“Annual Plan”). include automatic yearly recurring payments. The annual subscription is valid for twelve (12) consecutive months from the date of purchase of the plan The subscription billing date is the date on which you purchase the subscription. You authorize Loritos World to renew your subscription and to charge you yearly after the 7-day free trial. The subscription will remain active until you cancel it or we terminate it. You must cancel your subscription before it renews to avoid the next billing period.
- The charges are payable by an internationally valid debit or credit card and will be deducted using the payment type selected during the subscription registration process.
CANCELLING USER SUBSCRIPTION
You may choose to cancel your monthly or annual subscription plan at any time during the Monthly or Annual Term. You will not be entitled to a refund of the charges, or any part of the charges already paid.
We shall have the right, immediately and without notice, to block, restrict, suspend or terminate your subscription, if, in our sole opinion, you are in breach of any of the provisions of these terms.
For more details on subscription including cancellation of subscription, please refer to the Help page.
9. ACCEPTABLE USE
- You may not access or use the Platform for any purpose other than that for which we make the Platform and our Services available. The Platform may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
- As a User of this Platform, you agree not to:
- Systematically retrieve data or other content from the Platform to a compile database or directory without written permission from us.
- Make any unauthorized use of the Platform, including collecting Usernames and/or email addresses of other Users to send unsolicited email or creating User accounts under false pretences.
- Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use.
- Engage in unauthorized framing of or linking to the Platform.
- Trick, defraud, or mislead us and other Users, especially in any attempt to learn sensitive account information such as User passwords.
- Make improper use of our support services, or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Platform or the networks and services connected to the Platform.
- Attempt to impersonate another User or person, or use the Username of another User.
- Sell or otherwise transfer your profile.
- Use any information obtained from the Platform in order to harass, abuse, or harm another person.
- Use the Platform or our Services as part of any effort to compete with us or to create a revenue-generating endeavour or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
- Attempt to access any portions of the Platform that you are restricted from accessing.
- Harass, annoy, intimidate, or threaten any of our employees, agents, or other Users.
- Delete the copyright or other proprietary rights notice from any of the content.
- Upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Platform, or any material that acts as a passive or active information collection or transmission mechanism.
- Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
- Use the Platform in a manner inconsistent with any applicable laws or regulations.
- Misrepresent experience, skills, or information about a User.
- Falsely imply a relationship with us or another company with whom you do not have a relationship.
- Engaging in exchange of adult oriented or pornographic materials and services.
- Exchange of rude, abusive, improper language, or violent messages while interacting.
10. GOVERNING LAW; VENUE AND JURISDICTION
This Platform, Services and the use of it and any dispute of any sort that might arise between you and Loritos World is governed by the laws of Michigan, United States and the competent courts of Michigan State shall have exclusive jurisdiction over any disputes hereunder.
- Visiting the Platform, completing online forms constitute electronic communications, you consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail and on the Platform, satisfy any legal requirement that such communication be in writing.
- We may assign any or all of our rights and obligations to others at any time.
- We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
11. LICENSED APPLICATION END USER LICENSE AGREEMENT / EULA
Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.