The following Terms and Conditions are entered into by and between You (“Client” or “You”) and Constant Love and Learning, LLC (“Company”, “we”, or “us”).
Resource
The Company agrees to provide you with an Individual License that includes access to the dowloadable activity (“Resource”). As a condition of purchasing the Resource, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
Terms of Use, Privacy Policy, & Disclaimer
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.
Nature of The Relationship
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Resource, which provides information. The information contained in the Resource is not intended as, and shall not be understood or construed as, professional advice.
Fees
In consideration of Your access to the Resource, you are responsible for paying any amounts due when you make a purchase. You will be charged (in U.S. Dollars) the list price for each item. By placing an order, you represent and warrant that the billing information you’ve provided is accurate.
Individual License
An Individual License is a license that may only be assigned to a single specific individual user (“Assignee”) (e.g. one specific teacher) for that Assignee’s lifetime use. Individual Licenses are non-transferable and may not be used by or reallocated to a different Assignee (for example, a teacher who purchases an Individual License can use such Resource, in accordance with this section, for her or his lifetime but cannot transfer use of such Resource to another teacher after her or his retirement).
Except as otherwise stated in these Terms (such as in the “Limitations on Access” section set forth below), with an Individual License, the Seller grants to the purchasing Member, for use by one Assignee, a non-exclusive, perpetual, irrevocable, non-transferable, non-sublicensable, worldwide, limited license to use the Resource for the purposes and under the conditions described below. The Seller may grant additional rights at their discretion.
When purchasing an Individual License, the Company permits you to:
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Assign use of the Resource to one Assignee. Once an Assignee has been designated, the license cannot be used by any other individual, but you can purchase additional licenses as needed. For clarity, you can purchase an Individual License for yourself, as a gift for another person, or as an Organization purchasing on behalf of a teacher. In such cases, a single “transfer” of the Resource to the intended recipient Assignee is permitted, but you may not reallocate an Individual License from one Assignee to another or share the Resource with additional users unless you purchase additional licenses for each additional Assignee.
As an Assignee of an Individual License, the Company permits you to:
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Use the Resource for personal, educational, and instructional use only (“Personal Use”). This means you can use the Resource for your own personal purposes, for your individual study, and to teach your students.
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Print and make copies of the Resource as necessary for Personal Use. Copies may be made and provided to your students, classroom aides, and substitutes as necessary. Copies may also be made for students’ parents, classroom observers, supervisors, or school administrators for review purposes only.
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Deliver the Resource electronically as needed by using features available through the Services or by other secure means that enable access to the Resource by only your students (and as needed, their parent/caregiver) (“Permitted Recipients”). You may not upload Resources to websites, applications, shared drives or other sites or services in a way that enables access by anyone other than Permitted Recipients.
Furthermore:
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You may not use the Resource, in part or in whole, for commercial purposes. This means you can’t sell it, use it for advertising or marketing purposes, or use it in any other way in connection with a business or profit making activity.
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Except as permitted avove to deliver the Resource electronically to Permitted Recipients, you may not post or otherwise make the Resource available on any website, application, shared drive or other sites or services, without written permission.
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You may not share, send, sell, sublicense, or transfer the Resource to someone else for their own Personal Use unless you purchase an additional license for each additional educator you will share it with. Each Individual License is for use by one specific educator only.
You may:
- go to the Constant Love and Learning Website, www.constantloveandlearning.com, to see what other Resources are available and subscribe by obtaining the Free Feeling Reflection guide
- refer other professionals that would like to use the Resource to the Constant Love and Learning Website to purchase this Resource, obtain other free Resources, and subscribe
Please note that:
All Kimochis characters, feeling pillows, images and language are copyrighted and trademarked property of Kimochis and Plushy Feely Corp.
The Founder of the Company is a Kimochis Certified Trainer and has been granted permission to use the Kimochis trademarked materials for this Resource.