Terms of Service

Updated: August 1, 2016

VocabularySpellingCity provides service to users through it’s website, www.VocabularySpellingCity.com or www.SpellingCity.com, and related iOS Apps (the “Service”) subject to the following Terms of Service, which may be updated or modified by VocabularySpellingCity at any time without notice to you. Whenever you access VocabularySpellingCity’s website or use its iOS Apps, 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 VocabularySpellingCity’s website or iOS Apps 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 or iOS Apps if you do not agree to the Terms of Service!

Description of Service

VocabularySpellingCity’s website and iOS Apps are designed to allow users to post and access word lists, practice for and take spelling and vocabulary tests, play spelling and vocabulary games, create printable games and share them with others. All users understand and agree that the Service provided by VocabularySpellingCity (whether paid or free) is provided “as-is” with no fitness implied for any use and no guarantee of reliability or durability.  As a software-based service with ongoing updates based on user feedback, there may be problems of implementation or performance, commonly known as "bugs". VocabularySpellingCity strives to test, update, maintain, and optimize its system regularly so that the Service is delivered to users safely and effectively, but VocabularySpellingCity makes no guarantees as to the quality, reliability or fitness for any particular purpose of its Service.

Billing Policies

Membership Payment & Activation. Users wishing to access paid content on VocabularySpellingCity must create an account with VocabularySpellingCity and activate a Premium Membership.  For PayPal™ and credit card payments, the date of payment will be the Activation Date. For payments made by check or purchase order ("PO"), the Activation Date will usually occur within one business day of VocabularySpellingCity's receipt of an acceptable check or PO. However, VocabularySpellingCity reserves the right to review POs and checks and to decide, at its sole discretion, whether to immediately activate service or to delay the Activation Date until payment is received by VocabularySpellingCity.

Term, Termination, & Renewal. A Premium Membership subscription begins on the Activation Date and extends for 12-months (the “Term”). On the last day of a Term (the “Termination Date”), your Premium Membership will end and all information and files saved by you (including student data and assignments) or relating to your account may be terminated or deleted, unless you renew your Premium Membership for an additional 12-month term on or before the Termination Date. You understand that Premium Memberships do not automatically renew, and that it is your responsibility to renew your Premium Membership prior to the Termination Date in order to ensure all information and files saved by you are saved and available to you during any renewal Term.

Cancellations. Premium Membership payments are fully earned upon payment. However, users who pay for their Premium Membership by PayPal™ or credit card may cancel their Premium Membership 30 days from the Activation Date (the “Cancellation Period”) by contacting info@VocabularySpellingCity.com or 954-357-1150 and receive a full refund. Refunds for Premium Memberships cancelled within the Cancellation Period will be credited back to your method of payment within ten (10) business days. Users who pay for their Premium Membership by check or PO may cancel their Premium Membership at any time, however, they will not be entitled to a full refund. If you cancel your Premium Membership within the Cancellation Period and receive a full refund, any files saved by you (including student data and assignments) or relating to your account will be terminated or deleted on the effective date of the cancellation.

Payment Options. VocabularySpellingCity accepts Visa, MasterCard, Discover, American Express, and PayPal™. Users wishing to pay for a Premium Membership by check, PO, or other means, must contact info@spellingcity.com.

Refunds. All payments to VocabularySpellingCity are non-refundable, unless it is within the 30-day money back guarantee period for New Users.

Billing Security. VocabularySpellingCity uses Secure Sockets Layer technology that sends credit card data in encrypted code. VocabularySpellingCity does not keep a record of, or have access to your credit card number.

Special Offers & Price Changes. VocabularySpellingCity may run special offers periodically. These offers are subject to change at any time, and may have certain restrictions.  Pricing may vary and changes made by VocabularySpellingCity become effective at the start of the next billing cycle.

Passwords. Your password gives you access to the Membership 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 VocabularySpellingCity immediately and we will issue a new password and eliminate the previous one.

Your Obligations & Representations

When you sign up for an account at VocabularySpellingCity and activate your Premium Membership, you agree to (a) provide true, accurate, current and complete information about yourself on the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or VocabularySpellingCity has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VocabularySpellingCity has the right to suspend or terminate your account or Premium Membership and/or refuse any and all current or future use of its Service.  You also agree that VocabularySpellingCity is authorized to charge the payment method you selected during registration the one-time Premium Membership Fee on the Activation Date. You further agree to abide by the Terms of Service and understand that VocabularySpellingCity has the right to terminate a Premium Membership if VocabularySpellingCity believes you have violated the letter or spirit of the Terms of Service. If your account or Premium Membership is terminated, all information and files saved by you (including student data and assignments) or relating to your account will be terminated or deleted. You agree that VocabularySpellingCity shall not be liable to you or any third-party for any termination of your account or Premium Membership or access to the Service.

VocabularySpellingCity Privacy Policy

Registration Data and certain other information about you are subject to our Privacy Policy. The Privacy Policy is subject to change without notice and is specifically incorporated into the Terms of Service by reference.

VocabularySpellingCity Proprietary Rights

You acknowledge and agree that the Service provided by VocabularySpellingCity, 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 VocabularySpellingCity.com and the VocabularySpellingCity iOS Apps is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by VocabularySpellingCity, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service provided by VocabularySpellingCity 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 VocabularySpellingCity website or iOS Apps.

Grant of Limited License.  VocabularySpellingCity 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 VocabularySpellingCity for use in accessing the services.

Restrictions of Use. You understand that the Software and Service offered by VocabularySpellingCity are wholly owned by VocabularySpellingCity and/or its vendors or third party web sites 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 subscribed 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.  VocabularySpellingCity reserves the right to cancel your Membership without refund if it is determined that you have violated this portion of the Terms of Service.

Trademarks & Copyrights

Copyright © 2016 VocabularySpellingCity.com.  Any rights not expressly granted in this Agreement are reserved for the exclusive use of VocabularySpellingCity. The owner and manufacturer of
VocabularySpellingCity.com is VKidz, Inc. 6300 NE 1st Ave. Suite 203, Ft. Lauderdale, FL 33334. "VocabularySpellingCity", "Vocabulary and SpellingCity", "Spelling City", "SpellingCity", "SpellingCity.com", "VocabularyCity", "VocabularyCity.com", "VocabularyandSpellingCity.com", “PhonicsCity”, and “GrammarCity” are the exclusive trademarks of VKidz, Inc. All other copyrights and trademarks appearing on the VocabularySpellingCity.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 legal@VocabularySpellingCity.com.

Words, Lists, Sentences, Forum Comments, and Suggestions
Any words, lists, sentences, comments, or suggestions (“Content”) posted by users to VocabularySpellingCity’s website and/or iOS Apps are public and will be widely available to all VocabularySpellingCity users. As a user of VocabularySpellingCity, you understand and agree that all Content posted by users are the sole responsibility of the person posting such Content, and that VocabularySpellingCity cannot guarantee the accuracy, integrity, appropriateness or quality of such Content. You agree that VocabularySpellingCity will not be liable and you will to hold it harmless for the Content and protection of any and all words or lists regardless of the circumstances, including, but not limited to, error, omission, deletion, alteration or editing of any list and loss or damage of any kind you or others incur as a result use of lists or of any VocabularySpellingCity.com error or omission.
Further, users who post or submit Content on the VocabularySpellingCity website understand and agree that they grant VocabularySpellingCity a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, ignore, or display such Content (in whole or part) and/or to incorporate it in other works in any form, media or technology now known or later developed without any attribution or credit or moral rights due to you.
Finally, users understand and agree that while VocabularySpellingCity does not pre-screen Content, VocabularySpellingCity reserves the unilateral right (but not the obligation) in its sole discretion to refuse, delete, edit, alter or move any Content posted on VocabularySpellingCity’s website or iOS Apps. At times, VocabularySpellingCity may remove or edit Content and ban users based on appropriateness or other factors. Users are urged to notify VocabularySpellingCity if they detect any objectionable Content posted. While VocabularySpellingCity does take some measures to avoid use of obscenities, it is not possible to prevent all mischievous individuals from posting objectionable Content. VocabularySpellingCity reminds you that anyone using the Internet must expect to be confronted with objectionable material from time to time. By using the Service, you agree that you will not hold VocabularySpellingCity responsible for any Content posted on VocabularySpellingCity’s website and iOS Apps, including the appearance of objectionable material, or for the consequences due to the viewing of any Content.

Copyright Violation Notice
VocabularySpellingCity 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 VocabularySpellingCity.com website, please contact us at legal@VocabularySpellingCity.com and we will investigate and change or drop the link immediately.  If you believe that your work is accessible on the VocabularySpellingCity service in a way that constitutes copyright infringement, you may notify us via email by providing VocabularySpellingCity the following information:

  1. A description of and the location 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;
  2. Identification of the specific language, image(s) or functionality on the VocabularySpellingCity website or iOS App that you believe to be infringing;
  3. Identification of the URL or other specific location on the VocabularySpellingCity website or iOS App where that material is located;
  4. Your name, title, organization, website address, mailing address, telephone number, and e-mail 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;
  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; and
  7. An electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest attesting to all of the above.

VocabularySpellingCity 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.  In particular, VocabularySpellingCity uses with permission the spelling lists provided by Time4Learning.com. Time4Learning.com is widely used for homeschooling curriculum, after-school enrichment and remediation and summer study. Time4Learning.com works well for a broad range of students including gifted children, and those with all kinds of special needs and situations such as homeschooling students with Asperger's, attention deficit syndromes**, sensory impairment** and dyslexia**.

VocabularySpellingCity provides resources for the online writing courses offered by Time4Writing.com, an educational website providing remedial and regular writing programs led by certified teachers that efficiently boost students' writing abilities. VocabularySpellingCity's website is integrated with the Science Songs** found on the Educational Games Website and Building Vocabulary** websites. VocabularySpellingCity is grateful to VocabularyIsFun.com, a website offering vocabulary software** that helps students learn and build vocabulary** such as SAT vocabulary**, ESL vocabulary** and vocabulary for regular academic progress.

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.

Indemnity

You agree to indemnify and hold VocabularySpellingCity, 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 VocabularySpellingCity website or iOS Apps, 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. VOCABULARYSPELLINGCITY PROVIDES THE SERVICE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. VOCABULARYSPELLINGCITY 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. VOCABULARYSPELLINGCITY 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 VOCABULARYSPELLINGCITY OR THROUGH OR FROM THE WEBSITE OR iOS APPS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT VOCABULARYSPELLINGCITY 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 VOCABULARYSPELLINGCITY 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

VocabularySpellingCity.com and VocabularySpellingCity iOS Apps are tools to assist your child for education and entertainment purposes. Because every child learns differently, VocabularySpellingCity 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 VocabularySpellingCity at any time by publication through the VocabularySpellingCity website or by sending you an email. You are responsible for regularly reviewing the VocabularySpellingCity 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 VocabularySpellingCity website or iOS Apps, or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Entire Agreement

The Terms of Service constitute the entire agreement between you and VocabularySpellingCity and govern your use of the Service offered by VocabularySpellingCity. The Terms of Service supersede all prior agreements between you and VocabularySpellingCity.  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 VocabularySpellingCity 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.