5minfun.com
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Terms of Use

  • 5MinFun.com or 5MinFun is part of 5 Minute Fun Learning, Inc. (the "Company"), and is committed to providing fast, fun and effective educational interactions which can be used by people of all ages.
  • Our Software and Services can be accessed by students (between grades 4 and 12) and adults, through our website, in social networks like Facebook, mobile devices and through other distribution vehicles.
  • We are dedicated to safeguarding any personal information collected on the Company. However as we operate within other social networks like Facebook, we recommend parents and payers to provide guidance to ensuring safe and rewarding on-line experiences for their students. Our privacy policy is available on our website.
  • Our Software is in an early release and will be periodically updated to provide more features, functionality and fun for users. We encourage user feedback to improve our services to you.
  • Parent involvement and encouragement is critically important in a student's educational development. The Company operates with this in mind and offers opportunities for parents to provide positive reinforcement to their children.
  • Our services are free for students and Teachers, but there is a small annual subscription fee for parent services. By paying the annual fee, Parents also elevate the level of awards or coinage their Student can earn in the game. This fee allows for future product development, technical services and other business requirements.
  • The subscription fee is a final purchase, and will not be reimbursed nor will there be prorated reimbursements, if the user terminates the subscription early or if the Company terminates the agreement early.
  • The Company expects users to maintain good decorum and personal accountability when using our services. If in the Company's sole opinion a user violates this expectation, we have the sole right to terminate their access to the Software and the Services.
  • We request users respect and honor our copyrights and trademarks, as well of those of our partners.
  • Our services cover questions and answers to vocabulary and other educational topics. Since many words have multiple definitions, when playing our various word games, students need to pick the best possible answer among the presented choices. We take pride in providing quality services to improve people's education. However, it is possible there may be errors, typos, technical issues or discrepancies in some of these materials. If so, please let us know about such situations so we can address them.
  • The Company may periodically contact the user with information in an attempt to sustain long term consistent learning sessions. Such contacts may be by email, social network messages, text messages or other contacts to encourage the user to continue to come back to the site or other locations to engage in more learning sessions.
  • The Company encourages feedback from our users to help us improve the learning experience.
  1. Important Definitions:
    The 5MinFun.com and / or 5MinuteFunLearning.com World Wide Web sites ("site" or "Site"), and the services provided in connection therewith, including usage within social networks like Facebook, on mobile devices, on mobile phones, and with other distribution vehicles (collectively, the "Software") are owned, operated, maintained and copyrighted, as applicable, by 5MinFun.com which is part of 5 Minute Fun Learning, Inc. ("we", "our" or "us").

    By (1) using or accessing the Software; or (2) authorizing someone else to use or access the Software, you agree to the terms and conditions set forth below ("Terms"). If you do not agree with these Terms, neither you nor your designee may access or use the Software. For the purposes of this agreement, "you" or "user" means a (A) student, child, teacher or adult who uses the Software, (B) parent, relative, friend, associate or yourself who purchases the subscription to the Software for another person or for themselves, (C) teacher, educator, tutor or associate who provides learning opportunities with the Software to other people. If you are a parent or grandparent registering your child or grandchild, you agree to stand in the shoes of this child for the purposes of making us whole in case of damages or indemnification that could properly lie against this child.

    We reserve the right to make changes to these Terms at any time. Any such modifications will become effective immediately upon posting to the site, and your continued use of the Software constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms as posted on the site.
  2. Services:
    Services (the "Services") can be accessed by students (usually in grades 4 through 12), teachers and adults, through our website, in social networks like Facebook, mobile devices, mobile phones and through other distribution vehicles.

    Users or students will participate in fast learning exchanges on our website, our pages in social networks like Facebook, mobile devices or other delivery vehicles. They will be asked to find the best fitting answer to questions in various learning areas. The initial beta launched product focuses on vocabulary building skills.

    The Company works diligently to provide and create precise answers to these fast learning activities for our students, but we cannot totally guarantee all our answers are totally correct, because typing, technical or other challenges can occur which may result in inaccuracies. We request feedback from our users if they encounter potential issues and we will work swiftly address such issues.

    We may monitor user's activity in order to improve our Software and Services and provide a better user experiences. This may include, but is not limited to keeping track of users' favorite content and activities while on the Software, and performance on measurable activities, and other tracking activities. Our privacy policy reviews our use of such users information and personally identifiable information in greater detail.

    Users are solely responsible for all service, internet/telephony/other fees and costs associated with their access to and use of the Company's Software and Services and other related partner products or services. Future services over mobile or phone services will require users to self-identify they have unlimited or unrestricted service access (such as, unlimited texting services) and the Company will not be responsible for any costs if such self-identification by the users is inaccurate.

    THE COMPANY MAY CHANGE THE SOFTWARE OR SERVICES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON AT OUR SOLE DISCRETION.
  3. Privacy Policy:
    The Company is concerned about the privacy for our users. More specific information can be found in our privacy policy.

  4. Registration Obligations:
    A student or adult can register for the Company's services by signing up on the website. The sign up will request the student provide the email address for their parent along with some other information, and once the parent's email is provided, the Company will send an introductory email to the parent.

    Parents, friends or other payers could register for a subscription for a set term, initially for 12 months, for a set fee. A student could also self-register themselves and play the game for free. If a student has a valid credit card for payment or a PayPal account, they can pay for a subscription which would allow them to earn premium award or coinage benefits, that are above the free award level.

    This subscription fee is a final purchase, and will not be reimbursed if the user does not take full advantage of their subscription over the purchased term.

    If a user is terminated from the Company's services because of their inappropriate usage of the service, which is at the sole discretion of the Company, then the subscription fee will not be returned to the purchasers.

    Users may not transfer their accounts to another person.

    In consideration of your use of the Company's services, users agree to (a) provide true, accurate, current and complete information about yourself in your registration form (such information being "Your Data"), (b) maintain and promptly update Your Profile to keep it true, accurate, current and complete; and (c) comply with these Terms of Use. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse any and all current or future use of the Services, or any portion thereof.

    If you reside outside the United States, your registration indicates your explicit consent that the personal information you have provided may be transferred and stored in countries outside your home country-including the United States. Your personal information shall only be used in accordance with our Privacy Policy.

  5. Consideration:
    You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged by you. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the site and receipt of data, materials and information available at or through the site, the possibility of our review, use or display of your User Content (as defined below in section 6 labeled "User Content"), and the possibility of publicity and promotion from our review, use or display of your User Content.
  6. User Content:
    This section helps explain the rights the Company maintains with regard to content you submit and encounter with the Software.

    We do not claim any ownership in any materials, information, communications or ideas that you upload or otherwise transmit or post to through our Software or Services ("User Content"). By submitting User Content covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, non-expiring, worldwide license to use the User Content (the "UC License"). For example, you may provide User Content in the form of words put into our Personal Word Lists service for your own personal studying, but after our review and editing of such information, we may use your User Content in our broader database for vocabulary words or other learning questions. We may also use your User Content for quality control, professional development, geographic performance statistics, performance or participation rankings and marketing our current and future Services.

    Upon your deletion of any portion of your User Content or your termination of your account with the Company, the non-expiring UC License remains in full effect. The Company will be able to utilize such User Content in its original or edited form for as long the Company sees fit.

    You agree that we may record all or any part of any Software or Services use for quality control and other purposes and that we reserve the right to such reviews. Notwithstanding anything to the contrary above, with respect to any comments that you provide us about the Company or the Software or Services (through the site, as part of user satisfaction or similar surveys, forum postings, Facebook postings, etc.), we may use those comments for any purpose, with no obligation to pay you for them.

  7. Copyright:
    You acknowledge that the Software, the technology underlying the Services, and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the Software and all trademarked material or features of the service (collectively, the "Company Content") are the proprietary works of us and/or our affiliated and/or third party providers and suppliers ("Third Parties") and are protected, without limitation, pursuant to U.S. and foreign copyright laws. Except as expressly authorized by us or in these Terms, you may not copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit the site, Company Content, Software or the Services, in whole or in part. You will not, in any manner, without our prior written approval, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, the Software or any other Company Content, the site or the Services. You may not store any significant portion of any Company Content or the Services in any form, whether archival files, computer-readable files or any other medium. You may not "mirror" any Company Content or the Services on any server. Any unauthorized or prohibited use of the Software, other Company Content, the site or the Services may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
  8. Confidential Information:
    You agree to safeguard the Company Content, Software and the Services (collectively, Proprietary Information) and to prevent the unauthorized, negligent or inadvertent use or disclosure thereof. You will not, without our prior written approval, directly or indirectly, use or disclose the Proprietary Information to any person or business entity except for a limited number of your employees who are on a need-to-know basis and who agree in writing to be bound by the restrictions on use and disclosure set forth in these Terms or restrictions no less restrictive than these Terms. You agree to promptly notify us in writing of any use or disclosure of Proprietary Information in violation of these Terms. You acknowledge that the use or disclosure of the Proprietary Information in any manner inconsistent with these Terms will cause us irreparable damage and that we will have the right to (i) equitable and injunctive relief to prevent such prohibited use or disclosure, and (ii) recover the amount of all damages (including attorneys fees and expenses) in connection with such prohibited use or disclosure.
  9. Advertising:
    The Software may include advertising. The Software allows student, adult or teacher users to earn award or coinage benefits for engaging in the Company's activities. In the near future, these users will be able to convert these coinage awards into purchases of sponsored items such as discount awards, store coupons or other awards. This future coinage conversion to these sponsored items may be considered to be advertising by some people.

    In addition, parents, relatives or other payers of these student users will be able to monitor the progress and engagement of their students. The parents or other payers will be given the opportunity to purchase reward benefits from sponsored items for the students, providing them positive reinforcement for pursuing educational activities. Again, this purchasing of such sponsored items may be considered to be advertising by some people.
  10. No Commercial Use:
    You may not use this site for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain the Company's prior written consent to make commercial offers of any kind on the site, whether by advertising, solicitations, links, or any other form of communication. The Company will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the site and barring such violators from use of the site.
  11. Links:
    The Software and the Services may provide links to non-Company websites or resources ("Third Party Sites"). For example, in Personal Word Lists users can look up the definition of words on public non-Company websites. However, since the Software and Services may interact with such Third Party Content, we cannot eliminate other links that exist on these public Third Party Sites. See Section 12 on Content Linked to the Site for more information.
  12. Content Linked to the Site:
    Despite our best efforts, access to Third Party Content may cause Third Party Sites to pop-up for your review. This is especially true because our Software will be working within existing social networks like Facebook. Because we have no control over Third Party Sites, you acknowledge and agree that we are not responsible for the availability of Third Party Sites, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from Third Party Sites. The Company does not endorse the content of any third party site, nor does it make any representation or warranty about these sites. You further acknowledge and agree that we 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, advertising, products, services or other materials available on or through any Third Party Sites or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein. If you encounter a Third Party Site interrupting the use of the Software or Services, you may notify us at: info@5MinFun.com

    We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained such sites.
  13. Public Forums and User Communications:
    The Company strives to create a safe and fun learning experience for students, teachers and adults online and we take concerns about online, phone texting and video communication very seriously. Since the Company's services can be accessed while on social networks, like Facebook, our users will be exposed to content in those social networks, which is out of our control.

    The increase of social networking sites on the web allows networks of people to access, generate, and share information and user generated content. With regard to interacting with the Company's services within social networks, on the website, mobile devices or other distribution services, you acknowledge that anything you post or share with the Software or Services may be shared with others.

    As others are also free to generate their own user content, their self-generated content can be seen by you and other users. The Company cannot edit or control this content being shared by other users.

    Some of our services, particularly chat, scoring updates, Facebook posting and video sharing services, present useful vehicles for collaborations and learning. However, such open communication services can also be intentionally or unintentionally abused by student, teacher or adult users. The Company reminds you and other users that these services are intended for collaboration and learning, and inappropriate use will not be tolerated. However, since these communications are happening in real-time, the Company cannot monitor such activities and will not be responsible for the potentially inappropriate content such individuals may share. We do encourage users to notify us directly when they become aware of such inappropriate behavior on the Software or Services and provide us this information at ombudsman@5MinFun.com.

    The Company will encourage appropriate use of our Software and Services, but we will not be nor should you expect us to be able to monitor, delete and control all such inappropriate utilization. Users must be aware of this reality and must accept such condition with their use of the Software and Services and acceptance of these Terms. As with many services on or through the internet, all users (students, teachers, adults, parents, etc.) should understand the motto of "buyers beware" and this unfortunately applies to self-generated user content.

    The Company reserves the right to screen, refuse to post, remove or edit User Content at any time and for any or no reason at our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Content, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Content, we may contact you for further information.
  14. Conduct :
    The following is a list of rules (the "Rules") applicable to the Software and Services. By using the Software and Services, you unconditionally agree that:
    A. You will not submit, post, upload, distribute, or otherwise make available or transmit any User Content that: (a) is defamatory, abusive, harassing, insulting, threatening, bullying, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (e) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation;

    B. You own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to use, and to authorize us to use, distribute or otherwise exploit in all manners permitted by these terms of use, all copyrights, trademarks, patents, trade secrets, privacy and publicity rights (including, without limitation, names, likenesses and voices) and/or other proprietary rights contained in any User Content that you submit, post, upload, distribute or otherwise make available or transmit. In addition, regardless of whether you are a member of any performing rights society, you hereby grant us a perpetual, non-exclusive, non-expiring and irrevocable license to publicly perform each and every musical composition (including lyrics) contained in such User Content;

    C. You will not (i) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations), or (ii) use any product or service available on the Software or Service for commercial purposes of any kind;

    D. You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Software or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Software and Services;

    E. You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph;

    F. You will not engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet, nor any new "terms" being exploited on the internet, social networks, mobile phones, or other distribution vehicles;

    G. You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;

    H. You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, bullying, and conspiracy to commit any criminal activity.

    I. We cannot and do not assure that other users are or will be complying with the foregoing Rules or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

    J. To the extent that any feature on the Software or Service requires you to submit your email address or the email address of your parents in order to send appropriate information and policy information, you must, and you hereby agree to, furnish your actual email address, as applicable.

    K. To the extent that any feature on the Software or Service requests you to submit your date of birth, address, zip code, cell phone number, Facebook address or other information in order to provide you certain features of the Software or Services, you must, and you hereby agree to, furnish your actual information as requested, or by not providing such information you agree to possibly forgo using certain functions and features of the Software or Services.

    L. You will notify us in a timely fashion if you become aware any other User(s) are not following these Rules, by sending us an email at ombudsman@5MinFun.com.

    M. You agree that if you access Software or Services through any method that is in any way improper, or allow or assist anyone else to do so, directly or indirectly, you agree to pay us $150 per hour and any part thereof, plus all costs we incur related to detecting and investigating your improper action(s), for each hour or part thereof that you access or allow anyone else to access our system. You agree that in addition to these detecting and investigating costs, we may at our sole discretion include our inside and outside attorney time and fees as well as the fees of private and forensic investigators and all court and other costs associated with collecting the amounts you owe. For the purposes of document, improper access means any access other than following our defined procedures for creating a valid account and paying for the Services you receive. Examples of improper access include (but are not limited to) using any means to circumvent our registration or payment systems, hacking our system in any way, sharing your account information with a third party (regardless of whether the particular third party can be identified), logging yourself or a third party in simultaneously, or failing to log yourself out after a session and (regardless of intention) thereby allowing others to access your account. Improper access also includes using any artifice or method (such as using multiple email accounts) to avoid paying for service. This may include, but is not limited to: using multiple email accounts, using multiple promotion codes or offers, and credit card fraud.

  15. Disclaimer of Warranty; Limitations :
    THE COMPANY CONTENT, THE SOFTWARE, THE SERVICES, THE WEBSITES AND EACH PORTION THEREOF ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE COMPANY CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY SITES.

    UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE SOFTWARE, THE SERVICES, THE WEBSITE OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE, NOR THIRD PARTIES, WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, CONTENT, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE SOFTWARE, THE SERVICES, THE WEBSITE OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, OR OUR EMPLOYEES, OR OUR CONTRACTED VENDORS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SOFTWARE, THE SERVICES, THE WEBSITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, THE SOFTWARE, THE SERVICES, THE WEBSITE OR ANY PORTION THEREOF.

  16. Indemnification :
    You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives, sponsors, contracted vendors and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to us or through the Software or Services, your use of the Software, the Services, the website, the Company Content or any portion thereof, your connection to the Software or the Services, or your breach of these Terms, and due to or arising out of any User Content or other material you or your student user (your child or relative) had seen, heard or experienced when using the Software or Services, your or their use of the Software, the Services, the website, the Company Content or any portion thereof, your or their connection to the Software or the Services, or your their breach of these Terms.

    We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses
  17. Trademark Notice :
    The trademarks, service marks, and logos (the "Trademarks") used and displayed on the site or in any Company Content are registered and unregistered Trademarks of us and others, and are protected, without limitation, pursuant to U.S. and foreign trademark laws. Nothing on the site, the Software or the Services or otherwise should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site or in connection with the Software, the Services or Company Content, without the written permission of the applicable Trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law. You may not use the Trademarks, either ours and others, in any way without the prior written permission of the applicable Trademark owner. We prohibit use of our logo as a "hot" link to any other World Wide Web site unless approved by us in advance in writing.
  18. Making Claims of Copyright Infringement :
    Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.

    Notification must be submitted to the following Designated Agent:

    Service Provider: 5MinFun.com which is part of 5 Minute Fun Learning, Inc.

    Name of Agent Designated to Receive Notification of Claimed Infringement: Andrew D. Zeif, Attorney, Paradigm Counsel LLP

    Full Address of Designated Agent to Which Notification Should be Sent: 2625 Middlefield Road, # 800, Palo Alto, CA 94306

    Telephone Number of Designated Agent: 1 (650) 857-0688

    Facsimile Number of Designated Agent: 1 (650) 475-3959

    E-Mail Address of Designated Agent: Andrew@ParadigmCounsel.com

    To be effective, the notification must be a written communication that includes the following:

    A. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    C. Identification of the material that is claimed to be infringing 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 us to locate the material;
    D. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and an electronic mail address at which the complaining party may be contacted;
    E. A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    We may give notice to our users by means of a general notice on the Software or the Services, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: a. Your physical or electronic signature; b. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; c. A statement from you under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and d. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which the Company may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

    By mail: Andrew D. Zeif, Paradigm Counsel, 2625 Middlefield Road, # 800, Palo Alto, CA 94306, Attention: 5MinFun.com and 5 Minute Fun Learning, Inc.

    By email: Andrew@ParadigmCounsel.com

  19. Local Laws; Export Control :
    Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. In addition, if you reside in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, you may not use this Site. Such countries may include Cuba, Iran, Iraq, North Korea, Serbia, Syria and Sudan, and it is your responsibility to ensure that you comply with U.S. law in this regard.
  20. Modification of the Services :
    We may add, change or eliminate features, pricing, nomenclature and other aspects of the Software or the Services and make other changes at any time and these Terms will continue to apply to the Software and the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Software or the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Software and /or the Services.
  21. Cancellation Policy and Refund :
    When and if applicable, you will pay all fees or charges to your account based on the Company's fees, charges, and billing terms in effect for the Software and Services at the Company's websites or at another location we identify. You are responsible for paying any taxes or State Sales taxes that may apply. If you do not pay on time or if the Company, or its authorized payment services, cannot charge your credit card, PayPal or other payment method for any reason, the Company reserves the right to either suspend or terminate your access to the Software and Services and terminate these Terms. Since all sales are final, if you cancel your account before its term expires, you will not receive a refund.
  22. Notice :
    By using the Software or the Services, you consent to receiving electronic communications from the Company. Communications will also be sent to parents of students to keep them informed of the student's engagement in the learning activities. Teachers of students may also receive email communications. These electronic communications may include notices about learning progress of students, applicable fees and charges, transactional information, sponsor awards or coupons earned and other information concerning or related to the Software or Services. These electronic communications are part of your relationship with the Company. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. By using the Software or the Services, you consent to receiving electronic communications from the Company.
  23. Termination :
    Either party may terminate these Terms by providing the other with notice of such termination, which shall be effective immediately upon delivery of such notice to the other party.

    This subscription fee is a final purchase, and will not be reimbursed nor will there be prorated reimbursements, if the user terminates the subscription early or if the Company terminates the agreement early.

    We may terminate these Terms immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the site from time to time. Furthermore, we may terminate these Terms without notice to you by terminating your rights to use the Software or the Services for any reason or no reason.

    In the event of termination or expiration of these Terms, the following sections of these Terms shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, the provisions of this section which, by their nature apply after termination, and the General provisions below.

    All licenses granted under these Terms, with the exception of the UC License which is non-expiring, terminate immediately at the end of your subscription period, unless you have renewed your subscription and paid any applicable subscription fees. You agree that upon the termination of these Terms, we may delete all information related to you on the Services and may bar your access to the Software and use of the Services.

  24. General :
    These Terms and any policies applicable to you posted on the site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted herein are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect. These Terms and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of California applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of California and Santa Clara County. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.



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