THESE TERMS AND CONDITIONS (“TERMS”) CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY USING OR PLACING AN ORDER FOR SERVICES, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT USE, ORDER, OR OBTAIN SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE, APPS OR ANY OF THEIR CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
NOTICE TO PARENTS AND/OR GUARDIANS: You are responsible for monitoring and supervising your child's use of the Services. If your child is using the Services without your express consent and is under the age of eighteen (18), please contact us immediately so that we can disable his or her access. No child under the age of thirteen (13) may use the Services unless it is under the supervision of an adult.
These terms and conditions govern your relationship with WhizkidMe (“us”, “we”, or “our”), including, but not limited to, your use of this website, your use of the WhizkidMe mobile application, your purchase of WhizkidMe subscription, your rights to cancel your subscription, and your communication with WhizkidMe.
By accessing or using this website or mobile application and/or subscribing to our website or mobile application (together or collectively the "Service"), you signify that you have read, understand and agree to be bound by these Terms and any other applicable laws, whether or not you are a registered member or user of the Service. These Terms apply to all visitors, users, participants, and others who wish to access or use the Service. This document is a legal contract and, by using the Service, you agree to be bound by it. If you do not agree to these Terms, please refrain from using the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Changes to the Terms shall become effective upon posting to our website and/or mobile application. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the Terms, you are no longer authorized to use the Service. We encourage you to check the Terms periodically to stay informed of current policies.
Scope of Your License to Use the Services
Our website and mobile application allows you to purchase a subscription (“Paid Access”). Each Paid Access covers the number of children in your price tier. Simultaneous streams are limited to the number of children on your pricing tier. Subject to your ongoing compliance with these Terms (including timely payment of all applicable fees), we grant you a non-exclusive, non-transferable right during the Term to use the Service. We will use commercially reasonable efforts to make the Service available to you and perform in accordance with these Terms, as may be updated from time to time by us.
This agreement does not authorize you to make a use of the Service or the content that is designed to generate revenue, nor does it authorize you to distribute or redistribute any portion of the Service, including content. Your subscription to the Service does not authorize you to broadcast, using now known or later developed, whether by open or closed system, any of the content on the Services.
For the purpose of these Terms, use of the Service is considered revenue-generating if a third party is invited or required to pay money, including for a subscription, in order to access the Service or content. Without limitation, the following practices are deemed revenue-generating for the purpose of these Terms:
- sale of subscription or the requirement of any payment or consideration in exchange for access to the Service or any website that includes content;
- inclusion of the Service or content in commercial publications, including books, newspapers, magazines, documentaries, films, news reports, news features, and similar material; and
- using the Service or incorporating the Service or content into any third-party service for the purpose of developing a service that competes with us or the Service, or for the purpose of learning about the Service in anticipation of the development of such a service.
By using the Service, you agree to waive any rights that you may otherwise have to use the content in a manner that is not specifically authorized by these Terms or in a separate written agreement with us.
Because our ability to provide Service to you is limited by the scope of the licenses that we hold, we may restrict your ability to access certain content in order to comply with our licenses. You agree not to attempt to defeat or avoid geographic or other access restrictions, and you agree to comply with any request by us that you not access specified content.
The Service may include programs, features, or classes that promote or include physical activity. Consult with a medical professional before engaging in any physical activity. We are not responsible or liable for any injuries or any damages sustained that result from your use of, or inability to use, the Service.
The below waiver of Liability, Release, Acknowledgement of Risk, and Indemnification Agreement (“Waiver Agreement”) is intended to be, and is, legally binding.
If any aspect of this Waiver Agreement requires clarification, please have WhizkidMe fully explain it before using the Services. You and/or the person on whose behalf you are signing, are waiving the right to bring any type of action, whether in court or otherwise, to recover compensation or obtain any other remedy for any personal injuries, damages to property, any accident or incident of any type, or death, arising out of or related to your use of our Services, including but not limited to, WhizkidMe classes. In agreeing to this Waiver Agreement, I hereby acknowledge, understand, and agree on my behalf, and upon behalf of the person for whom I am signing, that the use of the Services and WhizkidMe, its classes and/or participating in activities sponsored by WhizkidMe have inherent risks.
In consideration of being allowed to participate in the Services, activities, and classes and programs of WhizkidMe, I, for myself, my heirs and assigns, hereby waive, release, and forever discharge WhizkidMe, and their officers, agents, employees, representatives, executors and all others from any and all, responsibilities or liability from injuries or damages resulting from my participation in the above-mentioned activities. I do hereby release all of those mentioned and any others acting upon their behalf from any responsibility or liability for any injury or damage to myself, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf or in any way arising out of or connected with my use of the Services.
I understand and I am aware that fitness is a potentially hazardous activity. I also understand that fitness activities involve a risk of injury or even death, and that I am voluntarily participating in these activities with knowledge of the dangers involved. I hereby to expressly assume and accept any and all risks of injury or death.
I do hereby declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation except as herein stated. I acknowledge that I have either had a physical examination and been given my physician’s permission to participate, or that I have decided to participate, in the activity of fitness without the approval of my physician and do hereby assume all responsibility for my participation and activities.
By creating an Account on the Service, you agree to subscribe to newsletters, marketing, promotional materials, and other information we may send. However, you may opt out of receiving any of these communications from us by following the unsubscribe link or instructions provided in any email we may send.
We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, or through conspicuous posting of such notice on our Service, as determined by us in our sole discretion. We have the right to determine the form and means of providing notifications to our users.
To use the Services and post Content on the Service, you will be required to create an account with us. You agree to provide accurate and current information about yourself in all registration forms on the Service.
You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately when you become aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use, as a username, any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
If you subscribe to the Service, you will pay a non-refundable and non-recoupable fee (“Subscription Fee”) for the Service. If you purchase a subscription, the Term shall commence at the time of purchase. Your subscription begins as soon as your initial payment is processed. You must provide a valid credit card (Visa, MasterCard, or any other issuer accepted by us) for all payments under these Terms. By providing us with your credit card number and associated payment information, you agree that we are authorized to immediately invoice you for all fees and charges due and payable hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card or account used for payment hereunder. If we are unable to process any payments under these Terms (including due to an invalid credit card account or any rejected charges), we will have the right, without limiting our other rights and remedies, to cancel or suspend your access to the Service (including access to content) until such amounts are paid in full. We may notify you before canceling or suspending access to the Service, but we have no obligation to do so.
We may change your plan’s rate each monthly renewal term, and we will notify you of any rate change with the option to cancel. If the applicable sales tax rate (or other included tax or duty) changes during your one-month term, we will accordingly adjust the tax-inclusive price for your plan on your next billing date.
Your subscription will automatically renew each month without notice until you cancel. You authorize us to store your payment method(s) and to automatically charge your payment method(s) every month until you cancel. We will automatically charge you the then-current rate for your plan, plus applicable taxes, every month upon renewal until you cancel. If your primary payment method fails, you authorize us to charge any other payment method in your account. If you have not provided us a backup payment method(s) and you fail to provide payment, or if all payment methods in your account fail, we may suspend your subscription. You can edit your payment information anytime in your My Account page.
There are no refunds of Subscription Fees for subscription cancelations, including if you terminate your access to the Service prior to the end of the Term. To change, update, upgrade, or cancel your subscription, you must edit your subscription settings in the My Account page. Subscription cancellations must be made any time before the next billing cycle to avoid automatic payment of the next billing cycle. You can cancel your subscription anytime via the My Account page or by contacting customer support. If you cancel within the trial period, you will not be charged. Should you cancel after the trial period, your payment is non-refundable, and your service will continue until the end of that month’s billing period.
PLEASE NOTE emails are not an accepted form of cancellation. We are not responsible, nor are we able, to cancel your subscription for you.
Certain features or portions of the Service may be restricted to users that have registered with us (“Restricted Areas”) and have received a user name and password through which they are authorized to access these Restricted Areas. You agree not to access Restricted Areas except using your own user name and password, and you agree not to share your user name and password with anyone else. If, despite your agreement not to do so, you share your user name and password with another person or if another person accesses the Service using your user name and password without your permission, you agree to take full responsibility for the statements and actions of that other person, and for any damages caused by, resulting from, or accruing in connection with that other person’s use of the Service. You agree to notify us immediately, by email to (subject line: “UNAUTHORIZED REGISTRATION ISSUE”), if you become aware of any unauthorized use of your password or username, or any other breach of security, so that we may terminate access to the Service through such account. Whenever we ask you for personal information in a registration form or elsewhere on the Service, you agree to provide truthful, accurate, current, and complete information, and to update this information anytime it changes.
We may terminate this Agreement and your access to the Service by written notice if you fail to pay within no more than two (2) days after written notice of nonpayment (email shall suffice) any amounts owed to us. We may terminate your access to the Service, including your use of any content, at any time for any breach of these Terms by providing notification of our decision to the email address that you most recently provided to us or by notifying you by another method. If we purposefully delete your account and/or terminate these Terms, you may not use or re-purchase the Service. We have the right to block your email address and Internet protocol address to prevent further use or registration.
All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
In exchange for your access to the Service, you agree not to take any steps that are intended to or could damage, inhibit, or prevent operation of the Service or that could cause injury to yourself, to us, or to any third party. Without limitation, you agree not to attempt to:
- modify, enhance, or otherwise alter in any way any portion of the Service or its underlying technology, including by disabling or modifying any portion of the Service in a manner;
- modify, enhance, edit or otherwise alter in any way any portion of the content streamed via (or contained on) the Service except as otherwise permitted; use technology or other means to access the Service that is not authorized by us, including accessing the Service through any automated system, including “robots,” “spiders,” or “offline readers” (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Service);
- introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- damage, disable, overburden, impair, or gain unauthorized access to the Service or our servers, computer network, or user accounts;
- collect information about other users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications, or for any other purpose not explicitly authorized by us; falsify, conceal, or modify information identifying yourself or another user, including Internet Protocol header information; use our servers, networks, or other facilities for any purpose not explicitly authorized by us, including for the transmission of messages not authorized by us, or to interfere with or cause damage to the Service or any other service operated by us or any other party; or take any other action that we, in our exclusive discretion, believe may damage or injure you, us, or any third party;
- act in a deceptive manner by, among other things, impersonating any person; misrepresent your affiliation with a person or entity, conduct fraud, hide or attempting to hide your identity;
- harm or exploit minors; use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user;
- distribute “spam”;
- advertise or solicit others to purchase any product or service within the Service or otherwise use the Service for any commercial solicitation purposes;
- bypass the measures we may use to prevent or restrict access to the Service; or
- for testing or benchmarking purposes.
Availability, Errors, and Inaccuracies
We are constantly updating products and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. Therefore, we reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes, and Promotions
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
WhizkidMe LLC has the right, but not the obligation, to monitor and edit all Content provided by users.
You may use the Content only for your own non-commercial use to participate in the Service. You agree not to change or delete any ownership notices from materials downloaded or printed from the Service. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Service, including any content generated by members or users, without our prior written consent. Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you.
User or Member Interaction
We are not responsible or liable for any loss or damage resulting from any interaction with other users of the Service, persons you meet through the Service, or persons who find you because of information posted on, by, or through the Service. You agree to take reasonable precautions in all interactions with other users or members of the Service. You are solely responsible for your interactions with other users or members.
We have implemented what we believe are the appropriate technical measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge and agree that you provide your personal information at your own risk.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of WhizkidMe LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of WhizkidMe LLC. You have the right to view, electronically copy, and print in hard copy portions of our website and application for the sole purpose of making purchases, or other personal use.
Links to Other Websites
Our Service may contain links to third party websites or services that are not owned or controlled by WhizkidMe LLC. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities, individuals, or their websites.
You acknowledge and agree that WhizkidMe LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
You agree to defend, indemnify, and hold harmless WhizkidMe LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to attorney's fees, resulting from or arising out of (i) your use and access of the Service, by you or any person using your account and password; (ii) a breach of these Terms, or (iii) Content posted on the Service.
Limitation Of Liability
In no event shall WhizkidMe LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; (iv) your purchase of merchandise and your communication with WhizkidMe, and (v) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. WhizkidMe LLC its subsidiaries, affiliates, and its licensors do not warrant that (i) the Service will function uninterrupted, secure, or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions.
Non-Waiver of Rights
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Service, and supersede and replace any prior agreements we might have had regarding the Service.
You may not assign your rights under these Terms to any third party; we may assign our rights under these Terms without condition.
These Terms constitutes the entire agreement between you and us regarding the use of these Service and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.
The parties agree that each provision of these Terms shall be construed as separable and divisible from every other provision and that the enforceability of any one provision shall not limit the enforceability, in whole or in part, of any other provision hereof.
Internet Access Charges
You are responsible for any costs you incur to access the internet.
You further agree that we are free to use for any purpose whatsoever ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback or content posted in response to, as a supplement to, or in association with any other content available on or in connection with the Services (“Feedback”), whether oral, written or video/multimedia, that you may send to us or our affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that we have no duty to you, with respect to such Feedback.
If you have any questions about these Terms, please contact us at: .