Earlybird Early Learning Inc. (“Earlybird”, “we”, “our” or “us”) is a British Columbia corporation that offers an early learning activity and resource platform for parents of young children. Earlybird’s website and app (hereinafter referred to as the “Platform”) is designed to provide activities and play ideas for children under five, milestones, and information about early child development.
The Platform is owned by Earlybird. These Terms & Conditions of Use (this “Agreement”) apply to all of the products, services and websites offered by Earlybird, the mobile versions thereof, any Earlybird software, and any applications created by Earlybird whether available through a social networking site or its subsidiaries or affiliated companies, and any Content (as defined herein) appearing on any of the foregoing (collectively, the “Services”). Please note that the availability of any Earlybird applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Earlybird and such social networking site, mobile or tablet device, or internet television or other technology platform.
PLEASE READ THIS TERMS OF USE AGREEMENT VERY CAREFULLY BEFORE USING THE PLATFORM.
Earlybird Early Learning Inc. (“Earlybird”, “we”, “our” or “us”) is a British Columbia corporation that offers an early learning activity and resource platform for parents of young children. Earlybird’s website and app (hereinafter referred to as the “Platform”) is designed to provide activities and play ideas for children under five, milestones, and information about early child development.
The Platform is owned by Earlybird. These Terms & Conditions of Use (this “Agreement”) apply to all of the products, services and websites offered by Earlybird, the mobile versions thereof, any Earlybird software, and any applications created by Earlybird whether available through a social networking site or its subsidiaries or affiliated companies, and any Content (as defined herein) appearing on any of the foregoing (collectively, the “Services”). Please note that the availability of any Earlybird applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Earlybird and such social networking site, mobile or tablet device, or internet television or other technology platform.
PLEASE READ THIS TERMS OF USE AGREEMENT VERY CAREFULLY BEFORE USING THE PLATFORM.
If you wish to become a Member, or otherwise make use of the Service as a User, you must read this Agreement and indicate your acceptance during the registration process. You agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form available on the Platform (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Earlybird reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and membership on the Platform is void where prohibited.
Content (as defined in Section 6 of this Agreement) on the Platform is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Earlybird. Earlybird reserves all rights not expressly granted in and to the Platform and the Content.
Earlybird grants you a non-exclusive, non-transferable, and revocable limited license to access and use the Platform for your personal, non-commercial use, in accordance with the provisions set out in these Terms of Use. All rights not expressly granted to you in these Terms and Conditions are reserved by us. You may access Platform and Content as available: for your information and personal use; as intended through the normal functionality of the Earlybird Service; and for Streaming, (“Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Earlybird Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user). Accessing Platform videos for any purpose or in any manner other than Streaming is expressly prohibited.
Earlybird provides various information on its Platform and offers various services. The content on our Platform is for reference and educational purposes, and is not assured to be true, correct, or accurate, and is not intended to be complete or exhaustive or to provide any medical advice, diagnosis, or treatment. You should not consider or rely on any Earlybird information or services for any professional advice, diagnosis, or treatment, including any child health concerns. No action should be taken, delayed, or deferred based on our Platform or statements. We make no claims, representations, assurance or guarantees concerning our Platform or the Services. Always consult with a qualified and licensed physician or other healthcare professional and follow their advice without delay regardless of any of the Content or the Services.
You bear sole and exclusive responsibility for your use of our services, and you acknowledge and agree neither we nor any of our employees, contractors or agents shall have any liability to you for any injuries arising from your use of the Services. Insofar as you participate in any of the Services, such as our play-based activities, you represent and warrant that you and your child or children, as applicable, are in sufficient physical and mental health to engage in such activities and do not have any condition that may impair your or your child’s health or otherwise put you or your child at risk. If during your participation in the Services you or your child feel uncomfortable or in pain, or otherwise think you have a medical emergency, you should immediately cease your participation and call your doctor or 911 immediately.
All suggestions and comments relating to the Services, including the use of equipment, materials, toys, scripts, are not required to be performed by you and are carried out at your sole discretion.
Earlybird’s Platform is not intended for use or access by persons younger than 19 years of age or those that are considered minors in the jurisdiction from which such person is accessing or using the Platform. By accessing the Platform or using the Services you are representing that you are at least 19 years of age and are otherwise considered an adult in your home jurisdiction.
If you register as a User on the Platform, you will be required to choose a password and username, and you may be asked for additional information regarding your account, such as your name and e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Earlybird of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session.
Members of Earlybird may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any User will be construed by Earlybird as fraudulent use of the Platform. You may never use another Member’s account without prior authorization from Earlybird.
Earlybird, at its own discretion, reserves the right to cancel, without a refund, any membership it believes has been compromised, or is being used fraudulently.
You are solely responsible for your interactions with other Users of the Platform. Earlybird reserves the right, but has no obligation, to monitor or mediate disputes between you and other Users. It is a breach of these Terms and Conditions if you engage in any bullying, harassing or other inappropriate behaviors in your interactions with other Users or with any teachers or other representatives of Earlybird.
You acknowledge that Earlybird may or may not pre-screen Content posted on the Platform, that Earlybird is not responsible for behavior or comments of teachers and/or students on the Platform, but that Earlybird shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for any reason. Without limiting the foregoing, Earlybird shall have the right to remove from the Platform any Content that violates this Agreement, including but not limited to any offensive, inappropriate, illegal or otherwise objectionable materials ( all as determined by Earlybird, in its sole discretion).
If you become aware of misuse of the Service by any person, please contact Earlybird.
In addition to the foregoing, Earlybird reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or the Platform by any user who is alleged to have infringed on the intellectual property rights of Earlybird or of a third party, or otherwise violated any intellectual property laws or regulations. Earlybird's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Earlybird to delete, edit, or disable the material in question, you must provide Earlybird with all of the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Earlybird to locate the material;
(d) information reasonably sufficient to permit Earlybird to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;(
e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Earlybird by e-mail with a return receipt of acknowledgment.
Earlybird reserves the right to terminate your account, without refund, or your access to the Platform immediately, with or without notice to you, and without liability to you, if Earlybird believes that you have breached any of these Terms and Conditions, furnished Earlybird with false or misleading information, or interfered with use of the Platform or the Service by others.
Earlybird may access, preserve and disclose any Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
(a) comply with legal process nationally or internationally;
(b) enforce this Agreement;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; protect the rights, property or personal safety of Earlybird, its Users and the public; or
(f) pursuant to the terms of the Privacy Policy.
You understand that the Platform and software embodied within the Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Earlybird and/or content providers who provide content to Earlybird. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Platform.
All materials on the Platform, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Earlybird or by third parties that have licensed or otherwise provided their material to Earlybird. You acknowledge and agree that all Materials on the Platform are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on the Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Earlybird’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Platform or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
The Service may not be used in connection with any commercial purposes, except as specifically approved by Earlybird. Unauthorized framing of or linking to any part of the Platform is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
Our Platform contains Content of Earlybird, and Content of third party licensors to Earlybird (including content provided by users of the Platform, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Earlybird owns and retains all rights, title and interest in the Earlybird Content. Earlybird hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Earlybird Content and any third party Content located on or available through the Platform or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing the Platform and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through the Platform or Service.
Any dealings with third parties included within or on the Platform involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Earlybird is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Platform does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Earlybird or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on the Platform is provided to you for informational purposes only. Earlybird encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Earlybird works to ensure the information on the Platform is current and accurate, Earlybird does not warrant the accuracy of any information contained on the Platform (including information provided by instructors) or its fitness for any particular purpose.
The Platform and the Services, including the Content, may contain links to other sites owned by third parties (i.e., advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. Earlybird does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third party website, you should review the applicable terms of use and policies for such website. The inclusion of a link in any part of the Platform does not imply Earlybird’s endorsement of such third party website. If you decide to access any such linked website, you do so at your own risk.
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you are accessing the Platform from.
Earlybird’s free trial is available to all Visitors that have not previously been Members of the Platform. We require that you provide a valid credit or debit card (“Payment Source”) at the time you register for a free trial to ensure that you have continued access to your membership after the expiration of the free trial period (“Free Trial”). Earlybird will not bill your account until the Free Trial has expired and provided that you have not canceled your account during the Free Trial period. You may only use a Free Trial once. Earlybird reserves the right to terminate any account that is using or trying to use more than one Free Trial.
Following the Free Trial, to ensure uninterrupted service, all Earlybird subscriptions are renewed automatically using the credit card on file unless canceled earlier. Billing continues on a monthly or yearly basis based on the selected option during signup until the subscription is canceled. All sales are considered final and refunds will not be issued.
Special prepaid memberships will be recurring and will renew automatically on the expiry date.
When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Earlybird later increases the price of the subscription, Earlybird will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days prior notice before the charge is made. If you are given less than 10 days prior notice, the price increase will not apply until the payment after the next payment due.
You may cancel your subscription at any time through iTunes or Google Play settings and subscriptions.
If membership is terminated due to a violation of this Agreement, Earlybird will not reimburse the Member for the remainder of any paid month or year, nor will reimbursements be made for membership cancellations prior to any monthly or yearly renewal date.
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL EARLYBIRD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR DAMAGES OR LOSSES OF ANY KIND, (INCLUDING, BUT NOT LIMITED TO, ANY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL/MEDICAL INJURY, WRONGFUL DEATH, IMPROPER DIAGNOSIS OR PROPERTY DAMAGE), OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, SERVICES AND CONTENT, OR YOUR INABILITY TO ACCESS AND USE THE PLATFORM, SERVICES AND CONTENT (III) ANY UNAUTHORIZED ACCESS TO OR USE OF EARLYBIRD SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE EARLYBIRD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You specifically acknowledge that Earlybird shall not be liable for content posted by users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE MAKE NO, AND HEREBY DISCLAIM ANY, WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE AS TO THE WEBSITE, THE CONTENT THEREON AND OUR SERVICES. FURTHER, WE DISCLAIM ANY WARRANTY THAT THE SITE WILL BE AVAILABLE AT ALL TIMES OR WILL OPERATE WITHOUT INTERRUPTION OR ERROR. WE MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES OR INFORMATION PROVIDED THROUGH THE SITE. NEITHER WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVICES PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES YOU MAY SUFFER OR CAUSE THROUGH YOUR USE OF THE SITE OR SERVICES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE. THESE LIMITATIONS SHALL APPLY WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED IN CONTRACT (INCLUDING, BUT NOT LIMITED TO, BREACH OF WARRANTY), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STATUTE OR ANY OTHER LEGAL OR EQUITABLE GROUNDS.
No communication of any kind between you and Earlybird or a representative of Earlybird shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the terms of use.
You knowingly, irrevocably, and expressly waive and release any claim you may have at any time for damages, harm, loss, or injury of any kind against Earlybird, or any person or entity affiliated with Earlybird, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives, arising from, relating to, concerning or by reason of your using the Platform or our services.
You agree to defend, indemnify and hold harmless Earlybird, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees and costs) arising from: (i) your use of and access to the Platform; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Platform.
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of the Platform (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or the Platform. If any modification is not acceptable to you, you must cease accessing and using the Platform and Service. You are responsible for regularly reviewing the Platform to obtain timely notice of any amendments.
The failure of Earlybird to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement 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 use of the Platform, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement shall be governed by the laws of the province of British Columbia, Canada, without respect to its conflict of laws principles. Any claim or dispute between you and Earlybird that arises in whole or in part from the Platform shall be decided exclusively by a court of competent jurisdiction located in Victoria, British Columbia, Canada.You agree that: (a) the Platform shall be deemed solely based in Canada; and (b) the Earlybird Platform shall be deemed a passive website that does not give rise to personal jurisdiction over Earlybird, either specific or general, in jurisdictions other than Canada.
If you have any questions or comments regarding this Agreement or the Platform, feel free to contact us by e-mail.