Please read these Terms of Use (“Terms of Use”) carefully before using any ABC Djeca Services.
By using any of our Services (as defined below) or by clicking a box that states that you accept or agree to these Terms of Use, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use Services.
ABC Djeca (also known within this document as “we”, or “us”) endeavors to provide a safe and friendly educational environment for children under 13 years old, with their parent’s consent and supervision, to experience rich content. Our Services include our mobile application, our website (“Sites”), and other features, content and functionality offered by us from time to time in connection with our Sites.
The Terms of Use of this agreement govern the relationship between you and ABC Djeca, Inc. (“ABC Djeca”) regarding your use of ABC Djeca mobile application, educational content, games, related services, and ABC Djeca websites, including (together, “Services”).
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S REGISTRATION WITH THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE OF THE SITE. IF YOU ARE A SCHOOL OFFICIAL AND PROVIDE YOUR CONSENT TO A CHILD’S REGISTRATION WITH THESE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF THEIR USE OF THE SITE, THAT YOU ARE AUTHORIZED TO DO SO, AND THAT YOU ARE IN COMPLIANCE WITH THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA). IF YOU HAVE BEEN INVITED TO USE THESE SERVICES BY A MEMBER OR ACCOUNT OWNER AND YOU PROVIDE YOUR CONSENT TO USE THESE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF YOUR USE OF THE SITE.
“Account Owner”—is a parent, guardian or authorized school official who has created an account on behalf of a child on https://abcdjeca.com and/or ABC Djeca’s mobile application. Account Owners have access to varying levels of functionality and content, depending on subsequent in-app purchases made by the Account Owners.
“Parent”—is an Account Owner that is a parent or legal guardian.
“School Official”—is an Account Owner that is a teacher or other authorized school agent, according to authorization procedures within FERPA.
“Friend or Family User”—is someone who is has been invited by a Parent to be a part of their child’s learning community. Friend or Family Users can only be invited by a Parent within a Family Membership. Friend or Family Users cannot be invited to share in a School Membership.
“Member”—is an Account Owner who has an active subscription to access ABC Djeca’s premium features.
“Family Membership”—is a membership by a parent or guardian who has subscribed to ABC Djeca.
“School Membership”—is a membership by a teacher or authorized school official who has subscribed to ABC Djeca. This membership is structured differently than a family membership to accommodate a classroom of students. In order to qualify for a School Membership, a School Official must be independently verifiable as an educator by their school’s domain-specific e-mail address or other means deemed appropriate by ABC Djeca.
“Gift Membership”—is a prepaid membership to premium Services and is nonrefundable and nontransferable. The person who purchases a Gift Membership (Gift Purchaser) must provide a valid e-mail address for the person who receives the Gift Membership (Gift Recipient). The Gift Membership must be activated within 60 days of purchase.. ABC Djeca will send an e-mail notification on the activation date to both the Gift Recipient and the Gift Purchaser. ABC Djeca is not responsible for errors or delays due to the e-mail address(es) provided by the Gift Purchaser, nor is ABC Djeca responsible for Gift Memberships that are lost, stolen or used without permission. Gift Memberships are not redeemable or refundable for cash, subject to applicable law. Please note that only a Parent may add children to a Gift Membership; the Gift Purchaser may not add child users or input child information if they are not the child’s Parent, when giving a Gift Membership.
“Parent Settings”—the account management center with the Sites where the Account Owner can control various settings associated with an account.
“Postings”—text, messages, ideas, concepts, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions, sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute through the Site’s Art Space Feature.
“Services”—Collectively, ABC Djeca’s mobile and web applications, educational content, games, related services, and ABC Djeca’s websites, including .
“Sites”—ABC Djeca’s mobile application and its website.
“Visitor”—someone who is browsing through website without registering for or logging into an account.
“You” is in reference to you as the Parent, legal guardian, or authorized school official, and your Child, whom you have granted access to the Services.
“Account Fee” – is a fee for any product or service associated with a user account including but not limited to access to Services or Premium Services, Membership or Gift Membership purchases.
“Subscription Fee” – is a fee for access to premium content and Services not available to non-Member account owners.
“Premium Services” – Collectively, ABC Djeca's mobile application, educational content, games, related services, and areas of ABC Djeca's websites not accessible to non-Member Account Owners.
By using Services you: (1) agree to be bound by these Terms of Use and conditions; (2) agree to our privacy policy, which is located at and is incorporated here by reference; and (3) agree to be bound by other policy and legal notices that may be posted on our Site from time to time. The legally binding Terms of Use of these documents set out your rights, obligations and restrictions regarding your use of our Services.
In order to participate in certain Services you may be required to download content, software, and/or required to agree to additional Terms of Use and conditions. Unless otherwise expressly set forth in any such additional Terms of Use and conditions applicable to the specific Services in which you choose to participate, those additional Terms of Use are incorporated into this Agreement. If you do not agree to this Agreement (which is comprised of these Terms of Use and our Privacy Policy) please do not use our Services. We require that you review our Privacy Policy at and encourage you to raise any relevant questions with us. You are only authorized to use the Services if you agree to abide by—and do abide by—all applicable laws and this Agreement.
YOU MUST BE A PARENT, LEGAL GUARDIAN, OR AN AUTHORIZED SCHOOL EMPLOYEE IN COMPLIANCE WITH FERPA, TO USE OUR SERVICES; BY PROVIDING YOUR CONSENT , YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF YOUR CHILD’S USE OF THE SERVICES.
If you are under the age of 18, you must have legal parental or guardian or authorized school consent to use our Services. Account Owners may only register their own child(ren). Account Owners affirm that any child user associated with their account possesses legal parental or guardian consent to use the Services. Account Owners affirm that they have read and accepted these Terms of Use and the Privacy Policy, and are fully able and competent to enter into the Terms of Use, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. Account Owners agree to abide by and comply with this Agreement.
ABC Djeca reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Use at any time by posting the amended Terms of Use on or within the Sites. You may also be given notice, such as an e-mail message or messaging within our Services of any changes. You will be deemed to have accepted such changes to the Terms of Use by continuing to use any of our Services. If changes are made to the Privacy Policy, you may be given direct notice via e-mail and any such changes will require your express consent. ABC Djeca may also revise other policies, codes or rules at any time, and the new versions will be available at or within our Services.
If at any point you do not agree to any portion of the then-current version of our Terms of Use or the ABC Djeca Privacy Policy, or any other ABC Djeca policy, your license to use the Services shall immediately terminate and you must immediately stop using our Services.
To the extent the Terms of Use or ABC Djeca Privacy Policy conflict with any other ABC Djeca Terms of Use, policy, rules or codes of conduct, the Terms of Use contained in these Terms of Use and in the ABC Djeca Privacy Policy shall govern.
Subject to your agreement and continuing compliance with these Terms of Use and any other relevant ABC Djeca policies, ABC Djeca grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in Sections 1 to access and use the Services for your own non-commercial purposes.
By accessing or using any of the ABD Djeca Services, including using any ABC Djeca mobile application, browsing any ABC Djeca website, accessing a ABC Djeca game or other ABC Djeca content, you accept and agree to these Terms of Use.
You must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component.
You are responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Services.
You are granted the revocable, non-transferable right and license to use the Services, including ABC Djeca educational content and games accessed through the Services, for your private, non-commercial use. These rights are user rights only, and no right or license is granted to distribute, publicly perform or prepare derivative works of any content accessed through the Services. This license is granted, however, subject to the following restrictions:
When creating or updating an account, you may be asked to provide ABC Djeca with certain personal information, which may include your first and last name, e-mail address, payment information, as well as other personal information, . This information will be held and used in accordance with ABC Djeca's Privacy Policy. You agree that you will supply accurate and complete information to ABC Djeca and that you will update that information promptly after it changes.
During the account creation process, you may be asked to select a password ("Login Information"). The following rules govern the security of your Login Information:
ABC Djeca reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.
ABC Djeca may charge an account fee or subscription fee for access to certain Services. We may change that fee at any time at our discretion. All fees are payable in accordance with payment terms in effect at the time when the fee becomes payable. We may offer promotional trial subscriptions to access those Services for free or at discounted prices, as well as referral discounts or similar free access to Member benefits when referring to new users. If you sign up for a trial use or referral benefits, your rights to use the Services are limited by the terms of that trial or referral, and will terminate or renew according to the terms of your trial or referral arrangement and any applicable Additional Terms. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.
You must use a credit card, payment via the App Store, or other payment mechanism accepted by us to activate and maintain a paid account. You authorize ABC Djeca to charge you through the payment mechanism that you use when you register for access to Premium Services. You are also responsible for charges for any products or Services you order that are offered for sale through our Sites. If we do not receive payment via your payment mechanism, you agree to pay all amounts due hereunder upon our demand, and will be solely responsible for any dispute with your payment provider. If the payment method provided is initially declined for any reason, we reserve the right to charge the payment method (credit card or other accepted mechanism) in installments, at the non-promotional/non-discounted rate that is in place at the time, for the full duration of the subscription that you have selected. You bear sole responsibility for all overdraft fees or other penalties that may be assessed by your payment provider.
ABC Djeca will renew your paid access automatically unless you cancel your payment at least 24 hours prior to its renewal date. We will charge your payment mechanism monthly, yearly, or at the applicable interval that you selected at the then-current applicable price.
Subscriptions purchased inside our ABC Djeca app—not on ABC Djeca’s website—are managed directly by the applicable App Store. You should consult with the appropriate App Store to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges. ABC Djeca relies on the App Store to collect subscription fees and to report on the status of subscription accounts that have been purchased from within the app. ABC Djeca does not have the ability to manage any aspect of an App Store subscription on your behalf, including, but not limited to, initiating, canceling or refunding subscriptions.
Subscriptions are valid for at least thirty (30) days. 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. No cancellation of the current subscription is allowed during active subscription period.
If you subscribed through the ABC Djeca website, then you may cancel premium Services at least 24 hours prior to the subscription renewal date to avoid future billing, by contacting ABC Djeca Customer Support. If you subscribed through our Learn with ABC Djeca app, then you need to follow cancellation instructions from the App Store associated with your device. After canceling a subscription, you will continue to have access to premium Services for the interval of time that has already been prepaid, which will be calculated based on the rate in effect at the date of purchase. ABC Djeca does not provide full or partial refunds for prepaid intervals, whatever their duration.
Any use of our Services in violation of these License Limitations (as defined in this Section) is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.6, and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the Services including undermining or manipulating the legitimate operation of any ABC Djeca content is a violation of ABC Djeca policy and may be a violation of criminal and civil laws.
You agree that you will not, under any circumstances (together, “License Limitations”):
All necessary photo, journalistic, and/or artistic credits are named in the Terms of Use on our website .
Without limiting any other remedies, ABC Djeca may limit, suspend, terminate, modify, or delete accounts or access to the Services or portions thereof if you are, or if ABC Djeca suspects that you are, failing to comply with any of these Terms of Use or for any actual or suspected illegal or improper use of the Services, with or without notice to you. Without limiting our other remedies, ABC Djeca may limit, suspend or terminate any part of our Services and accounts or portions thereof, prohibit access to our Sites and their content, and take technical and legal steps to prevent users from accessing our Services if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our Terms of Use or policies. Additionally, ABC Djeca may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of third party intellectual property rights.
Termination of your account can include disabling your access to the Services or any part thereof including any content you submitted or others submitted.
You may cancel any account registered to you at any time by following the instructions here .
The Services (including without limitation any content, 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, and moral rights) are copyrighted works owned by ABC Djeca, unless expressly indicated otherwise. ABC Djeca reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Services.
YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THESE TERMS OF USE SHALL HAVE THE EFFECT OF TRANSFERRING THE OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS, SLOGANS, SERVICE MARKS, TRADE NAMES, TRADE DRESS OR OTHER PROPRIETARY RIGHTS IN THE SITE OR CONTENT OR ANY PART THEREOF TO YOU OR ANY THIRD PARTY. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in an account, and you further acknowledge and agree that all rights in and to an account are and shall forever be owned by and inure to the benefit of ABC Djeca.
Generally, accounts created with ABC Djeca will be considered active until we receive an Account Owner request to deactivate or delete them; we also reserve the right to terminate any account that has not been accessed for 180 days.
The Services will often have hyperlinks to third party sites and may display content and other information from third party sites (“Third Party Content”). ABC Djeca does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of Third Party Content. Furthermore, ABC Djeca, is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither ABC Djeca nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in Third Party Content.
The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by ABC Djeca, its subsidiaries and affiliates of the opinions or views expressed by these third party websites.
Finally, ABC Djeca will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
We believe your child’s safety on digital media is important. While there is no absolute method of ensuring a completely safe environment, we take seriously our mandate to secure “verifiable parental consent” as required under the Children’s Online Privacy Protection Act (“COPPA”). We are always looking into new and better ways to verify your consent so that we are not collecting or potentially disclosing information from your child that you did not authorize. We require that you review the Terms of Use of our Privacy Policy and encourage you to raise any questions with us.
If you choose credit card verification, you must use a credit card that matches the name you used to sign in. Your credit card number will not be stored after verification is completed; only a record of the verification will be stored for audit purposes.
Our information practices, including how we collect, use and disclose personal information are set forth in the Privacy Policy located at the following link:
In these Terms of Use, we use the word “Postings” to mean text, messages, ideas, concepts, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions, sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute in connection with our Services. .
You are solely responsible for the content and information that is in your Postings, including information and content shared or transmitted through Art Space, Pigeon Post, or other such features that may be available. Information, content, materials, products or services provided by other users for your Postings may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Use; ABC Djeca assumes no responsibility or liability for this material beyond those required by compliance with our Privacy Policy for any user Posting, and assumes no responsibility for monitoring the Services for inappropriate or illegal content or conduct.
The Postings may only be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity.
ABC Djeca may reject, refuse to post or delete any Posting for any or no reason, including, but not limited to, Postings that in the sole judgment of ABC Djea may violate these Terms of Use. By providing Postings through our Services, you are granting to ABC Djeca an irrevocable, license to copy, distribute, publicly perform, prepare derivative works or otherwise use such content, with the right to sublicense.
Please be advised that Postings do not necessarily reflect the views of ABC Djeca. In no event shall ABC Djeca assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
Without limiting the foregoing, ABC Djeca will have the right to use and change the Postings in any manner that ABC Djeca may determine. Additionally, ABC Djeca may monitor and sweep Postings periodically in its sole discretion. ABC Djeca does not allow Postings which contain:
Although ABC Djeca may periodically monitor the Postings, we have no legal obligation to do so and we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, ABC Djeca will make every effort to ensure that any Postings best serve the interests of all users and, therefore, ABC Djeca reserves the right to refuse to post, edit, or delete any Postings that violate the above-referenced rules, as well as revoke the privileges of users who do not comply with such rules. By entering into these Terms of Use, you hereby provide your irrevocable consent to such monitoring and recording.
If you believe that any content on our Services (including, without limitation, Postings) violates any of the Terms of Use of this Agreement (except for any notices covered by the Copyright Compliance Policy) please send us a message about it (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
Your information, and the contents of all of your online communications (including without limitation, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations; (iii) where we believe that our Services are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of ABC Djeca, including to enforce these Terms of Use. By entering into these Terms of Use you hereby provide your irrevocable consent to such monitoring, access and disclosure.
ABC Djeca also enables Account Owners, at their own election, to invite trusted friends or family members to affiliate with an account (“Friend and Family User”) to share messages and other Postings via our Friend and Family Sharing Feature. Account Owners determine who is part of their Friend and Family User network and can monitor each exchange affiliated with their account, which we encourage. The Account Owner may remove any Friend and Family User from their account at any time, at the Account Owner’s sole discretion. The Account Owner is solely responsible for the content and information associated with an account, including content and information that is shared by any Friend and Family User associated with an account. ABC Djeca assumes no responsibility or liability for content and information shared by any Friend and Family User beyond what is required by compliance with our Privacy Policy for any user Posting.
From time to time, we may feature certain promotions or contests that allow you to post your child’s artwork or other content on our Sites. Participating in these promotions or contests is at your sole discretion. Except as otherwise described in these Terms of Use and in our Privacy Policy, you agree that your content will be treated as non-confidential and nonproprietary and will not be returned. When submitting content to us, you grant to us, the non-exclusive, worldwide, irrevocable, perpetual, and cost-free right to use, copy, distribute, sell, display, transmit, publish, make derivative works of, and otherwise use your submitted content, for any purpose. You also grant us, and agree to grant us, the unconditional, perpetual, irrevocable right to make full use of and benefit from your name, persona and likeness in connection with any submitted content. Except as prohibited by law, you hereby waive any moral rights (including attribution and integrity) that you may have in any submitted content. You understand that you will not receive any payment or consideration for any of the rights granted in this Section.
It is ABC Djeca’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). For more information, please review our Copyright Compliance Policy.
ABC Djeca reserves the right to terminate without notice any user’s access to any of the Services if that user is determined by ABC Djeca, in its sole discretion, to be a "repeat infringer." In addition, ABC Djeca accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
ABC Djeca may require that you accept updates to the Service and to ABC Djeca’s content you have installed on your computer or mobile device. You acknowledge and agree that ABC Djeca may update the Service with or without notifying you.
THE SITES AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ABC Djeca is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of these Sites or with respect to the information and material contained on these Sites. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ABC DJECA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY ABC DJECA OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall ABC Djeca’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing the Sites.
You agree to indemnify, defend and hold harmless, ABC Djeca, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Sites from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you. ABC Djeca reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with ABC Djeca in asserting any available defenses.
You agree that the provisions in this paragraph will survive any termination of your account(s) or of the Service.
You and ABC Djeca agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Service (“Claim”) in accordance with Subsection 6.2 or as ABC Djeca and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly.
THIS CLASS ACTION WAIVER AND ARBITRATION SECTION PROVIDES THAT ANY DISPUTE ARISING FROM THESE TERMS OF USE MAY BE RESOLVED BY BINDING ARBITRATION, WHICH REPLACES THE RIGHT TO GO TO COURT. THIS SECTION ALSO PROHIBITS YOU FROM BRINGING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, AND PROHIBITS YOU FROM BRINGING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN ADDITION, THIS CLASS ACTION WAIVER AND ARBITRATION SECTION PROHIBITS YOUR ABILITY TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, AND PROHIBITS YOUR ABILITY TO BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. THE WAIVERS SET FORTH IN THIS SECTION 9 INCLUDE ANY CLAIM THAT YOU MAY HAVE AGAINST ABC DJECA WITH RESPECT TO ANY THIRD PARTY SERVICE. TO THE EXTENT A PROVIDER OF A THIRD PARTY SERVICE JOINS ABC DJECA IN ANY ACTION BETWEEN YOU AND SUCH PROVIDER, YOU AGREE THAT THIS SECTION 6.2 SHALL APPLY TO ANY CLAIMS THAT YOU MAY HAVE AGAINST ABC DJECA.
You acknowledge and agree that this Section 6.2 and any agreements contained herein are made pursuant to a transaction that involves interstate commerce, and shall be governed by, and be enforceable under, the Federal Arbitration Act (the "FAA") (9 U.S.C. §1 et seq.) as it may be amended from time to time.
For the purposes of this Section, a "Claim" shall be any claim, dispute or controversy brought by either you or us against the other or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other and arising from or relating in any way to the purchase of our Services,, the EULA, these Terms of Use, or otherwise related to the ABC Djeca Inc Software or services purchased or obtained by you from us or any partner or retailer. Subject to the provisions of this Section, ABC Djeca may elect to pursue mandatory binding arbitration with respect to any Claim.
In the event of a possible Claim, a party must first send to the other, by certified mail, a written Notice of Dispute ("Notice") describing (a) the nature and basis of the Claim or dispute; and (b) the specific relief sought (“Demand”). You must notify us of any Claim brought by you within 100 days of the event or events giving rise to such Claim or you will have waived your right to bring such Claim or to participate in any legal action relating to such Claim. If ABC Djeca and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, ABC Djeca may elect to commence an arbitration proceeding. The amount of any settlement offer made by ABC Djeca or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ABC Djeca is entitled. After ABC Djeca receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee required by the arbitration administrator, unless your Claim is for greater than $75,000.
In the event of arbitration, ABC Djeca will choose one of the following two arbitration administrators: American Arbitration Association; or JAMS/Endispute ("JAMS"), both of which are independent. Any arbitration will be conducted under the rules of the selected arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as provided herein.
Arbitration hearings will be held in New York at a place chosen by the arbitrator or arbitration administrator or at some other place as agreed by the parties in writing. If your Claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing as established by the rules of the arbitration administrator. Copies of the current rules of the arbitration administrators named above, and well as information about arbitration and arbitration fees, and instructions for initiating arbitration may be obtained by using the following contact information:
American Arbitration Association
1633 Broadway, 10th Floor, New York, NY 10019
Web site: www.adr.org
Telephone: 800-778-7879
JAMS
1920 Main Street, Suite 300, Irvine, CA 92614
Web site: www.jamsadr.com
Telephone: 800-352-5267
Except as otherwise provided for herein, ABC Djeca will pay all filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your Claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the rules of the arbitration administrator. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the rules of the arbitration administrator. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the rules of the arbitration administrator.
Any failure or other delay by either party in enforcing this Section at any time, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Decisions rendered in arbitration proceedings will be final and binding on the parties. There shall be no appeal from arbitration decisions other than for arbitrator bias, fraud or misconduct and any award granted in arbitration will be enforceable by any court having jurisdiction as provided by the FAA and/or other applicable law.
This Section shall survive: (i) termination of, or changes in, the Software Purchase Agreement, the EULA or these Terms of Use and any relationship between you and us; (ii) the bankruptcy of any party or any other similar proceeding initiated by you or on your behalf; and (iii) payment in full of any debt by you or by a third party. Should any portion of this Section be deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Notwithstanding any provision in these Terms of Use to the contrary, we agree that if we makes any future change to this Section (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Section.
You and ABC Djeca agree that if any portion of this Agreement is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Agreement, which shall continue to be in full force and effect.
You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without ABC Djeca’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
These Terms of Use contain the entire understanding of you and ABC Djeca and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
We may notify you via postings on or via e-mail. All notices given by you or required from you under these Terms of Use shall be in writing and addressed to: admin@abcdjeca.com.
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.