HomerLearning, Inc. (also known within this document as “HomerLearning”, “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.
1. GENERAL TERMS AND LICENSE
1.1 Governing Agreement
“Account Owner”—is a parent, guardian or authorized school official who has created an account on behalf of a child on https://learnwithhomer.com and/or HomerLearning'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 Homer’s premium features.
“Family Membership”—is a membership by a parent or guardian who has subscribed to Homer.
“School Membership”—is a membership by a teacher or authorized school official who has subscribed to Homer. 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 HomerLearning.
“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.. HomerLearning will send an e-mail notification on the activation date to both the Gift Recipient and the Gift Purchaser. HomerLearning is not responsible for errors or delays due to the e-mail address(es) provided by the Gift Purchaser, nor is HomerLearning 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, HomerLearning’s mobile and web applications, educational content, games, related services, and HomerLearning’s websites, including .
“Sites”—HomerLearning’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, HomerLearning's mobile application, educational content, games, related services, and areas of HomerLearning's websites not accessible to non-Member Account Owners.
1.6 Grant of a Limited License to Use the Services
1.7 Accessing the Service
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.
1.8 Use of the Services
You are granted the revocable, non-transferable right and license to use the Services, including HomerLearning 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:
- You shall not create an account or access the Services without the express consent of a parent, legal guardian, or authorized school official if you are under the age of 13;
- You shall monitor your account to restrict use by minors. You accept full responsibility for any unauthorized use of the Services by minors in connection with your account;
- You are responsible for any use of your credit card or other payment instrument (e.g. PayPal);
- You shall not have more than one account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
- You shall not create an account or use any of the Services if you are a convicted sex offender;
- You shall not have an account or use any of the Services if you have previously been removed by HomerLearning or previously been banned from accessing any of our Services;
- You shall use your account only for non-commercial purposes;
- You shall not use your account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (SPIM and SPAM) to anyone;
- You shall not use your account to engage in any illegal conduct.
1.9 Account Information
1.10 Username and Password
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:
- You shall not share the account or the Login Information, let anyone else access your account, or do anything else that might jeopardize the security of your account;
- In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify HomerLearning and modify your Login Information;
- You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information; and
- You are responsible for anything that happens through your account.
HomerLearning 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.
1.11 Account Fees
HomerLearning 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.
1.11.1 AUTHORIZATION TO CHARGE FOR USE OF SERVICES
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 HomerLearning 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.
1.11.2 SUBSCRIPTION RENEWAL
HomerLearning 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.
1.11.3 APP STORE SUBSCRIPTIONS
Subscriptions purchased inside our HomerLearning app—not on HomerLearning’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. HomerLearning 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. HomerLearning 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.
1.11.4 SUBSCRIPTION CANCELLATIONS
If you subscribed through the HomerLearning website, then you may cancel premium Services at least 24 hours prior to the subscription renewal date to avoid future billing, by contacting HomerLearning Customer Support. If you subscribed through our Learn with Homer 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. HomerLearning does not provide full or partial refunds for prepaid intervals, whatever their duration.
1.12 License Limitations
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 HomerLearning content is a violation of HomerLearning policy and may be a violation of criminal and civil laws.
You agree that you will not, under any circumstances (together, “License Limitations”):
- Use the Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
- Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person;
- Without HomerLearning’s express written consent, use the Services or any part thereof for any commercial purpose;
- Transmit unauthorized communications through the Services, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
- Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by HomerLearning; or
1.13. Suspension and Termination of Account and Services
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 .
1.14.1. CONTENT AND SERVICES
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 HomerLearning, unless expressly indicated otherwise. HomerLearning reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Services.
The following sounds and images were generously shared with HomerLearning via the Creative Commons Attribution License:
- Old Train, by Glaneur de Sons
- Tropical Birds, by soundbytez
- Rooster and Chicks by Barbamiz on Freesound.org
- Fragment of a Beijing opera via Freesound.org
- alfonso_low_03.wav from Bram at Freesound
- choosing! by Robin Lester Kenton
- bowling alley ambience.wav by Tomlija
- Ocean images by The NOAA
- Making Papyrus by Giovanni Dall'Orto
- Persephone by Nemracc
- Hades by Aviad Bublil
- Poseidon by Hans Anderson
- Marie Curie in the lab by The Wellcome Library
- Aequorea victoria ventral view with parasitic hyperiid amphipod by Sierra Blakely
- Man on boat Ancient Egypt by Aryeh Shershow
- Chullora Recycling Centre by J Bar
- Museo de La Plata - Argentinosaurus (Femur) by Beatrice Mulch from Buenos Aires, Argentina
- Paratype of Paedophryne amauensis by Rittmeyer EN, Allison A, Gründler MC, Thompson DK, Austin CC
The following musical performances were generously released into the public domain:
- Beethoven Sonata No. 15 in D Major, Op. 28 ‘Pastorale’ from Musopen.org
- Beethoven’s Moonlight Sonata, Presto by Paul Pitman, from Musopen.org
- Beethoven’s Für Elise performed by Gaodifan
- Beethoven’s Symphony No. 5 in c minor, Op. 67, i. Allegro con brio from Musopen.org
- Beethoven’s Symphony No. 6 in F Major ‘Pastoral,’ Op. 68 iii. Allegro from Musopen.org
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 HomerLearning.
Generally, accounts created with HomerLearning 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.
1.14.3 THIRD PARTY HYPERLINKS AND THIRD PARTY CONTENT
The Services will often have hyperlinks to third party sites and may display content and other information from third party sites (“Third Party Content”). HomerLearning does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of Third Party Content. Furthermore, HomerLearning 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 HomerLearning 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 HomerLearning, its subsidiaries and affiliates of the opinions or views expressed by these third party websites.
Finally, HomerLearning 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.
1.15 Verification and Safety
1.15.1 CREDIT CARD VERIFICATION
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.
2. USER CONTENT
2.1. User Content
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.
2.2. Content Screening
Please be advised that Postings do not necessarily reflect the views of HomerLearning. In no event shall HomerLearning 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, HomerLearning will have the right to use and change the Postings in any manner that HomerLearning may determine. Additionally, HomerLearning may monitor and sweep Postings periodically in its sole discretion. HomerLearning does not allow Postings which contain:
- profanity or obscenities;
- personal attacks on other individuals;
- photographs, drawings, video, music, or any other content which infringes the intellectual property rights of any third party;
- slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or other information that HomerLearning deems in its sole discretion to be inappropriate for its Site.
2.4 Friend and Family Sharing
2.5 Content Provided for Promotions or Contests
3. COPYRIGHT NOTICES/COMPLAINTS
It is HomerLearning’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.
HomerLearning reserves the right to terminate without notice any user’s access to any of the Services if that user is determined by HomerLearning, in its sole discretion, to be a "repeat infringer." In addition, HomerLearning accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
4. UPDATES TO THE SERVICE
HomerLearning may require that you accept updates to the Service and to HomerLearning’s content you have installed on your computer or mobile device. You acknowledge and agree that HomerLearning may update the Service with or without notifying you.
5. DISCLAIMERS AND LIMITATIONS OF LIABILITY
5.1. DISCLAIMER OF WARRANTIES
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. HomerLearning 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, HOMERLEARNING, 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 HOMERLEARNING OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall HomerLearning’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 that the provisions in this paragraph will survive any termination of your account(s) or of the Service.
6. DISPUTE RESOLUTION
You and HomerLearning 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 HomerLearning and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly.
6.2. CLASS ACTION WAIVER AND ARBITRATION
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.
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”). The Notice to HomerLearning should be addressed to: Dispute Resolution Agent, HomerLearning Inc, 1 Metrotech North, 3rd floor, Brooklyn, NY 11201 USA ("Notice Address"). 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 HomerLearning and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, HomerLearning may elect to commence an arbitration proceeding. The amount of any settlement offer made by HomerLearning or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or HomerLearning is entitled. After HomerLearning 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, HomerLearning 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
1920 Main Street, Suite 300, Irvine, CA 92614
Web site: www.jamsadr.com
Except as otherwise provided for herein, HomerLearning 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.
You and HomerLearning 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.
8. GENERAL PROVISIONS
8.2. Entire Agreement
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.