Terms of Use Policy for ACT AND EARN, LLC and the ACT+EARN App

By downloading, accessing or using ACT+EARN, you agree to comply with and be bound by these Terms of Use. ACT+EARN is designed to promote positive and rewarding actions by children along with communication and connection among parents, children, and families.

Users must be at least 18 years old to create an account, or the age of majority within state, province or country of primary residence, and parental consent is required for users under 18.

You agree to provide accurate information during registration and to keep your account secure. The app is intended for personal, non-commercial use only. Users are prohibited from sharing inappropriate content, engaging in harassment, or violating the privacy of others.

We reserve the right to modify or terminate the app and these terms at any time. By using ACT+EARN, you acknowledge that you have read, understood, and agree to these terms.

Intellectual Property

As a user of and account holder within the ACT+EARN app, you agree that the Service(s), which include but are not limited to user interface, graphics, logos, editorial content, source code, scripts and related software used to facilitate the service contain proprietary information subject, in part, to intellectual property protection under United States trademark or patent law. 

Users of and account holders within the ACT+EARN app further agree that aforementioned services are owned by ACT AND EARN, LLC and that use of such proprietary information, materials and process shall be personal and noncommercial in compliance with these Terms and Conditions.

No portion of the ACT+EARN app or related property, materials, content or services of ACT AND EARN, LLC used in providing the ACT+EARN service may be reproduced in any form, modified, loaned, sold or distributed in any manner.

The ACT+EARN and ChoreCard names, related marks, graphics, logos and variations remain registered trademarks of ACT AND EARN, LLC

Use of ACT+EARN is provided under license and not sold to you.  No ownership within ACT AND EARN, LLC or services it provides, where all applicable copyrights, patents, trademarks and other intellectual property remain reserved. 

User Generated Content

Account holders and the related users within accounts of the ACT+EARN app will have the right to create content toward an objective of customizing and/or optimizing use of the service.  These User-Generated Content (“UGC”) Terms and Conditions ensure your knowledge of how ACT+EARN will intend to use your provided content.

Agreement to Allow Use of Your UGC

You may create and publish content ("UGC") on an application or website owned and/or operated by ACT AND EARN, LLC (and that UGC may be used by Company, our affiliates, and/or our agents as described in these UGC terms.  In referring to "UGC," it includes any user-originated content such as ChoreCard database tasks or groups of tasks as a challenge, along with photographs, videos and/or other materials included in your content, as well as your name, likeness, image, user name, social media handle, avatar (if applicable), or other identifier as utilized by the ACT+EARN app.   Use of the ACT+EARN app indicates your agreement to use your UGC along with acknowledgement and understanding of being subject to these UGC terms.

Rights

You hereby grant to ACT AND EARN, LLC, the ACT+EARN app, our affiliates, licensees and successors the absolute and irrevocable right and permission to reproduce, modify, publish, display, distribute and/or otherwise use your UGC in any manner, in whole or in part, in any and all media now known or hereafter originated and invented. 

This grant of rights hereby extends in perpetuity to use within the ACT+EARN app and/or in advertising, publicity and marketing of services where any and all personally identifiable information (“PII”) shall be withheld. This right to use your UGC also includes the right to change, edit and/or modify your UGC and any element and/or component thereof in any way without your permission or approval, where any title within or right to inspect or approve use of UGC is hereby waived.  

You agree that ACT AND EARN, LLC, the ACT+EARN app, our affiliates, licensees and successors are not obligated at the point of creation, decision to use or at any point in the future are not obligated toward any compensation, payment, or royalties in connection with your UGC.  

Representations

You represent and warrant that (i) you own all rights in and to your UGC and all elements and/or components thereof; (ii) your UGC complies with all applicable terms of use and/or standards of conduct on the ACT+EARN platform; and (iii) Use of your UGC will not violate any applicable laws or violate or infringe upon the rights of any third party, including without limitation any copyright, trademark, right of privacy/publicity or other personal right, proprietary right or applicable standard of conduct. You further represent and warrant that any testimonials or statements contained in your UGC are given by you voluntarily, are true andaccurate, and reflect your best knowledge of honest opinions, feedback, findings, beliefs, experiences and sentiments. Finally, you represent that you are over the age of majority in your state of residence and have the right satisfy the obligations in these UGC Terms.

Acknowledgement and Release

As a user of the ACT+EARN service, you acknowledge that you bear responsibility for your UGC, that your UGC does not subject you, as the content creator, to claims of libel, slander, copyright infringement, defamation, invasion of privacy or any other right as applicable by law.  you hereby agree to release, hold harmless and not assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted pursuant to these UGC Terms and you waive all claims against ACT AND EARN, LLC granting by use an indemnification from any and all claims arising out of your breach of any of the above representations and/or warranties.

Content Review

As the provider of a service, ACT AND EARN, LLC shall reserve all rights to ensure compliance of the ACT+EARN platform with any and all legal obligations.  Whether in the course of periodic service monitoring or in response to a user-elevated request, in order to ensure compliance, we may modify, prevent access to or refuse to display content deemed as violating the law and/or these Terms.

Right to Remove

ACT AND EARN, LLC reserves the right, in sole and exclusive discretion, to remove any UGC added to and within the ACT+EARN service.  Upon UGC removal, no right of notification is extended or implied to the content originator and the decision by ACT AND EARN, LLC is final in all instances of content removal.

Prohibited Activities

The intent of ACT AND EARN, LLC along with the design and offering of the ACT+EARN service is to provide a safe, motivating and secure experience to the community of families using the application.  This requires that we all do our part in making ACT+EARN a valuable tool, which includes:

• You cannot provide false information or impersonate others.  While your identity within ACT+EARN is not publicized external to the application or to other users within, you bear the responsibility at all times of providing accurate and up to date information.  At no time may you create a family / user account on behalf of someone else without first obtaining their express written permission.
• You cannot act unlawfully or fraudulently within or otherwise use the ACT+EARN service for an illegal or unlawful purpose.
• You cannot violate, aid other users with intent to violate or encourage actions by users that violate any stated policies, Terms or Codes of Conduct as related to the ACT+EARN service.
• You agree to use our application for legitimate purposes and not for any illegal or unauthorized action in violation of any applicable intellectual or property laws.
• You agree not to use the ACT+EARN application by conducting activities in an attempt to gain unauthorized access to ACT AND EARN, LLC systems, interfere with related security features or manipulate / copy any coding associated with providing the service.
• You agree to maintain your account(s) within the ACT+EARN service with valid and accurate personal information, such as name and e-mail address of account creator, further authorizing us to collect and use this information in accordance with Privacy Policies to contact or notify you as needed. 

Warranty / Limitation of Liability

ACT AND EARN, LLC provides the ACT+EARN app and website “as is” and cannot reasonably guarantee the platform will enjoy uninterrupted service or work perfectly at all times.

• We do not control what users and others do or say, and as such are not responsible for your or their actions, conduct or content within or outside of the ACT+EARN service
• Our responsibility and liability for the service is limited as much as the law will allow.  You hereby agree that ACT AND EARN, LLC will not be held liable for any lost data, related information or time dedicated to the setup of your account(s) within ACT+EARN.  As an ACT+EARN user, your grant of liability waiver to ACT AND EARN, LLC extends additionally to any damages, incidental or indirect, related to a service outage or a deletion of your content, information or account.

Updates

ACT AND EARN, LLC may periodically and in our sole discretion develop and release updates of the ACT+EARN service to all users.  These updates may include upgrades to process, appearance, general user experience as well as technical enhancements to address bug fixes, patches, corrections to an error or new features.  Note that updates, in all or part, may modify or delete certain features of the service.

In certain instances, Updates contain modifications necessary to certain features and functionality. Dependent upon your device settings and internet connection, the application will automatically initiate download and install of available Updates, or you may receive notification as a prompt to download and install manually.

ACT AND EARN, LLC has no obligation to provide Updates and/or ensure continuity of service in total or any aspect within in perpetuity or for an otherwise implied timeframe.

Changes To Terms

ACT AND EARN, LLC may revise and update these Terms, in whole or part and from time to time at our sole discretion. All changes will become effective immediately upon posting within public view.  Please check our Terms and Conditions policies from time to time so you are aware of any changes, as with ACT+EARN services use they are binding on you.

Questions and Assistance

Please send all questions as related to the Terms and Conditions policies of ACT AND EARN, LLC to our team via e-mail: [email protected]