Terms and Conditions
App Description and Use: The App is designed to allow User’s to live stream, record, and share voice recordings featuring Users reading and/or telling stories using the platform-provided picture books. Apart from the platform-provided picture books, Users may also upload and create their own original picture books. The voice recordings will be stored on the MagicPolygon’s server. The App may be used by both individual users (“Individuals”) and schools (“Schools”). To use the App, Individuals and Schools must register for a MagicPolygon Account (defined below) and purchase an appropriate subscription plan for the App (the “Subscription Plan”). Once a School has registered for a MagicPolygon Account and purchased the applicable Subscription Plan, you will be able to record, share with teachers depending on the Subscription Plan. Once an Individual has registered for a MagicPolygon Account and purchased a Subscription Plan, you may create, record and listen, and invite storytellers to tell stories.
Modifications to the App: Company reserves the right to modify or discontinue, temporarily or permanently, the App (or any part thereof) with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the App. We have no obligation to retain any part of the MagicPolygon Account (as defined below) for any period of time beyond what may be required by applicable law.
The applicable Subscription Plan fee and any other charges you may incur in connection with your use of the App, such as taxes and possible transaction fees, will be charged to your payment instrument on the specific billing date indicated on your "Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for your Subscription Plan. Subscription Plan fees are fully earned upon payment. In some cases, your payment date may change, for example if your payment instrument has not successfully settled or if your Subscription Plan began on a day not contained in a given month. We may authorize your payment method in anticipation of subscription related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
You can cancel your Subscription Plan at any time, and you will continue to have access to the App through the end of your billing period. To cancel, go to the "Account" page on our App and follow the instructions for cancellation. If you cancel your Subscription Plan, your MagicPolygon Account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page.
If you signed up for the App using your account with a third party as a payment method and wish to cancel your Subscription Plan, you will need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the App through that third party. You may also find billing information about your Subscription Plan by visiting your account with the applicable third party.
If you dispute any charges you must let Company know within sixty (60) days after the date that Company charges you. Company reserves the right to change Company's prices at anytime. Your continued use of the App after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with any payments made to you through the App.
Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the App through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Individual Fees: Individuals may subscribe to the Individual Subscription Plan, as described below:
Individual Subscription Plan:
- A library of stories
- New stories every month
- Ability to invite three (3) storytellers to register for a free account, linked your MagicPolygon Account to record voice recordings of stories to be shared through your MagicPolygon Account to kids.
- Listen to stories from the invited storytellers in real time and on demand
- Create and record original stories
The fee for the Individual Subscription Plan is $5.99 plus tax/ per month or $50 plus tax/ per year ($4.16 plus tax/per month billed Annually). The pricing is subject to change, at any time.
School Fees: Schools may subscribe to the School Subscription Plan as described below:
School Subscription Plan:
A library of stories
New stories every month
Teachers record and share stories with class students and parents
Parents share stories with the teachers for private reviews
Ability to provide free parent accounts that will be linked to the School Subscription Plan.
The fee for this Subscription Plan is $380 plus tax/ per year for a class (a maximum of 40 students).
In the School Subscription Plan, the subscribing school shall create a master account, which shall be managed by a single administrator appointed by the school. The school administrator shall then invite each teacher to create a classroom account. The teacher can invite each student’s parent or guardian to create an account on behalf of the student to be associated with the school and classroom.
Conditions of Use of the App
License to Use the App: The App is solely for your personal and non-commercial use. Except for the foregoing limited license, no right, title or interest shall be transferred to you. Unless otherwise expressly authorized herein or in the App, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the App, use of the App, or access to the App.
Individual Account: The Individual Account is designed for individuals who wish to record or have others record stories. When creating an Individual Account you will be asked for the following information:
Child’s first name
Child’s last name
School Account: The School Account is designed schools/teachers who wish to utilize the App in their classrooms and with their students. When creating a School Account you will be asked for the following information:
Account, Password and Security: You may only use and access your own MagicPolygon Account, and you may not provide another person with the username and password to access your MagicPolygon Account. You are fully responsible for any and all activities that occur under your password or MagicPolygon Account. You agree to (a) immediately notify Company of any unauthorized use of your password or MagicPolygon Account or any other breach of security, and (b) ensure that you exit from your MagicPolygon Account at the end of each session when accessing the App. Company will not be liable for any loss or damage arising from your failure to comply with this Section.
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“MagicPolygon Content”) that you upload, post, publish or display (hereinafter, “Upload”) or email or otherwise use via the App. The following are examples of the kind of content and/or use that is illegal or prohibited by Company. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this provision, including without limitation, removing the offending MagicPolygon Content from the App, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
You agree to not use the App to:
(a) email or otherwise Upload any MagicPolygon Content that:
(i) infringes any intellectual property or other proprietary rights of any party;
(ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships;
(iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) poses or creates a privacy or security risk to any person;
(v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
(vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or
(vii) in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the App, or which may expose Company or its users to any harm or liability of any type;
(b) interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies or regulations of networks connected to the App;
(c) violate any applicable local, state, national or international law, or any regulations having the force of law;
(d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) solicit personal information from anyone under the age of 18;
(f) harvest or collect email addresses or other contact information of other users from the App by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
(h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
(i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the App.
MagicPolygon Content: You represent and warrant that you own all right, title and interest in and to MagicPolygon Content, including, without limitation, all copyrights and rights of publicity contained therein. By Uploading any MagicPolygon Content, you hereby grant and will grant Company, its affiliated companies and partners, a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, Upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your MagicPolygon Content, in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the App (“Submissions”), provided by you to Company, its affiliated companies or partners are non-confidential and Company, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Rules for MagicPolygon Content. By submitting or posting MagicPolygon Content, you agree to the following rules:
You have or own the necessary rights, consents, releases, licenses, and/or permissions for the MagicPolygon Content;
The MagicPolygon Content will not damage you, us, or any third party;
The MagicPolygon Content is accurate and complete;
You will not do or attempt to do anything to harm, disrupt, or interfere with Company or the App’s security, system, accounts, passwords, servers, data, or networks.
MagicPolygon Content, is the sole responsibility of the person(s) who created it, and Company and its employees, agents, directors, and officers, undertake no obligation or liability related to such content. Company and its employees, agents, directors, and officers, do not undertake or assume any duty to monitor for inappropriate or unlawful MagicPolygon Content, nor does it assume responsibility or liability that may arise from the MagicPolygon Content, including, but not limited to, claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation.
Defamatory Comments. You agree and understand that you may be held legally responsible for damages suffered by other users or third-parties as the result of your remarks, information, feedback or other content posted or made available on the App that is deemed defamatory or otherwise legally actionable. Company is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the App.
School Rules. The MagicPolygon content rules applies to all users/accounts including schools.
Intellectual Property Rights
App: Company owns all rights in (1) the App (2) the content on the App (3) any technology associated with the App, and (4) Company’s trademarks and any goodwill, derivative works, improvements and/or intellectual property associated with the App. Users will not copy, modify, distribute, sell, or lease the App or any part thereof or attempt to unlock or bypass any encryption or other protections used by Company. Users acknowledge that the App constitutes Company trade secrets and confidential information. Users will not use any such information to duplicate the App or the results of the App or to develop a similar App, or to enable any third party to do any of the foregoing. Users shall not develop or use any alternative App that allows for the recording and sharing of stories or that is substantially similar to the App. Any violation of this provision shall be deemed to be an infringement of Company’s intellectual property and may result in termination of your MagicPolygon Account at Company’s sole discretion and/or taking any legal action that Company may deem necessary.
The following uses are not permitted:
Republication of content from the App, unless content is specifically and expressly made available for republication;
Sale, rental or sub-license of any content from the App;
Reproduction or duplication of any content on the App for commercial purposes;
Modification of any content on this App, unless content is specifically and expressly made available for modification;
Redistribution of content of the App, unless content is specifically and expressly made available for redistribution.
You must not use the App in a way that causes, or may cause, damage to the App or impair the availability of access to the App. You must not decompile, reverse engineer, disassemble or otherwise reduce the App, except to the extent that such activity is expressly permitted by applicable law. You must not use the App to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the App without Company 's express written permission.
You must not use the App to transmit or send any unsolicited commercial communications.
You must not use the App for any third-party marketing without Company’s express written permission.
Any rights not expressly granted herein are reserved by Company.
If you are a copyright owner and you believe that any MagicPolygon Content has infringed upon your copyrights, you may submit a notification to Company pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing a written statement to our Copyright Agent at swarna @magicpolygon.com pursuant to 17 U.S.C. § 512(c)(3) that includes:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) 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.
(iii) 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 Company to locate the material.
(iv) Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) 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.
(vi) 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.
If the notification does not include all of the above listed requirements, it may not be valid.
If you believe the content at issue in any DMCA notice does not infringe or you have authorization from the copyright owner, you may file a counter-notice with Company’s Copyright Agent pursuant to 17 U.S.C. § 512(g)(3) that includes:
(i) Your physical or electronic signature.
(ii) 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.
(iii) A statement under penalty of perjury that you had a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court of Delaware and a statement that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
If Company’s Copyright Agent receives a Counter-Notice, Company will use its discretion as to whether it will send the counter-notice to the party who sent the DMCA. If the party who sent the DMCA does not respond or file an action seeking a court order, Company may replace any removed content within fourteen (14) business days of receipt of the counter-notice.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, any users of the App who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the App and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Indemnity and Release
Disclaimer of Warranties
The App was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the App. Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the App.
YOUR USE OF THE APP AND IS AT YOUR SOLE RISK. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
COMPANY MAKES NO WARRANTY THAT (I) THE APP WILL MEET YOUR REQUIREMENTS, (II) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE APP; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APP; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP; OR (V) ANY OTHER MATTER RELATING TO THE APP. IN NO EVENT WILL COMPANY’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY OR RECEIVED THROUGH THE APP IN THE LAST THREE (3) MONTHS.
COMPANY’S MAXIMUM LIABILITY TO YOU ARE THE AMOUNTS PAID TO COMPANY IN THE LAST SIX (6) MONTHS.
Governing Law: For claims not subject to the Dispute Resolution section above, this Agreement will be governed by the laws of the State of New Jersey, without reference to its conflict of law principles and jurisdiction of any and all such disputes will lie in the state and federal courts sitting in or nearest Hudson County, New Jersey. User consents to personal jurisdiction in the state and federal courts located therein and hereby waives all defenses of lack of personal jurisdiction and forum non-conveniens.
No Class Actions: We all agree that we can only bring a claim against each other on an individual basis. That means: (a) neither you nor Company can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person's claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); (c) an arbitrator's decision or award in one person's case can only impact the person who brought the claim, not other users, and cannot be used to decide other disputes with other users.
International Use. Company makes no representation that the App is appropriate or available for use in locations outside of the United States. If you access the App from other locations, you do so at your own risk and are responsible for compliance with local laws.
You agree that you are solely responsible for your interactions with any other user in connection with the App and Company will have no liability or responsibility with respect thereto. Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the App.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT COMPANY HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN THE USERS OF THE APP; (B) INQUIRE INTO THE BACKGROUNDS OF ITS USERS OF THE APP; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS USERS OF THE APP. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER USERS. COMPANY DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS USERS. IN NO EVENT SHALL COMPANY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY USER'S CONDUCT IN CONNECTION WITH SUCH USERS'S USE OF THE APPS, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN USERS.
Questions? Concerns? Suggestions?
Last updated: April 24, 2020