These Terms & Conditions ('Terms') create a legal agreement and govern the relationship between you ('you' or 'your') and RKTONLINE, INC. and Studentnest, Inc., 2121 Merced St., Fresno, CA. 93721 (United States of America), a Nevada corporation, and its affiliates ('we', 'us' or 'our') regarding your access and/or use of our education apps, websites, and related services ('Services'). You agree that by accessing and/or using our Services, you are agreeing to these Terms and our Privacy Policy.
You represent that you are at least 13 years of age or older. If you are between the ages of 13 and 18 years old, you represent that your legal guardian has reviewed and agreed to these Terms. Proof of acknowledgement must be provided in the form of supplying your legal guardian's electronic mailing address to us so that we may send and receive correspondence authenticating your use.
BY INSTALLING, USING, OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT INSTALL, USE, OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES IS VOID WHERE PROHIBITED.
We reserve the right, in our own discretion, to change, modify, add, or remove portions of these Terms and our Privacy Policy at any time. Such changes will be posted by us on our websites and/or made otherwise accessible through the Services. You will be deemed to have accepted such changes by continuing to access or use the Services following any such changes. If at any point you do not agree to any portion of the then-current Terms, Privacy Policy, or any of our other policies, rules, or codes of conduct relating to your use of or access to our Services, your license to use the Services shall immediately terminate, and you must immediately stop using the Services.
Accessing and Using Our Services
Access to our Services may be available through our websites, affiliate or third-party websites, application stores on mobile devices (such as Apple and Google), or through such other means as we may allow. Third party websites or application stores may have additional terms and conditions applicable to your use of the Services. Your access of the Services may also require the download of software or other technology onto your devices to allow the Services to function fully. You hereby agree to such downloads.
The specific education app rules, scoring rules, controls, and guidelines for any education app offered by us can be found within the education app itself. Such rules, scoring rules, controls, and guidelines form part of these Terms and you agree that you shall comply with them in respect of each individual education app which you choose to access and/or use.
The charge for any individual item you can purchase, whether through our website, mobile application stores, or otherwise, shall be as stated at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase. Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible ' we will endeavor to fulfill your order immediately at the point of purchase.
You are responsible for the internet connection and/or mobile charges that you may incur for using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be before you access or use our Services.
We have the right to withdraw or modify one or more of our education apps or any other part of our Services (in whole or in part) without liability to you from time to time:
For technical reasons (such as technical difficulties experienced by us or on the internet).
To allow us to improve user experience.
Where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our Services).
Because it no longer makes business sense for us to provide the relevant education app or part of our Services.
Because we have altered the services we provide.
There may also be times when our Services or any part of our Services are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
Accounts
As part of accessing our Services, you may be required or have the option to create an account, profile, or the like. You agree that you shall take all steps necessary to protect your log-in details and keep them secret. You agree that you shall not give your log-in details to anyone else or allow anyone else to use your log-in details or account. In these Terms, references to 'log-in details' or 'account' include your log-in details and account for any social network or platform that you may allow our Services to interact with.
If you fail to keep your log-in details secret, or if you share your log-in details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and using our Services and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you will no longer be able to access and/or use any Virtual Currency and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.
You understand that if you delete your account, or if we delete your account in accordance with these Terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our education apps and any Virtual Currency or Virtual Goods associated with your account).
Virtual Currency
Our Education apps may include virtual currencies ('Virtual Currency') or items or services for use with our education apps ('Virtual Goods'). Certain Virtual Currency or Virtual Goods may be made available to you upon your initial access to the Services and certain Virtual Currency or Virtual Goods may be regenerative in nature. However, you have the option to buy additional Virtual Currency or Virtual Goods from us for real money if you are at least 18 years old. You agree that Virtual Currency and Virtual Goods can never be exchanged for real money, real goods, or real services from us or anyone else. You also agree that you will only obtain Virtual Currency and/or Virtual Goods from us, and not from any third party.
You do not own Virtual Currency or Virtual Goods but instead you purchase a limited personal revocable license to use them ' any balance of Virtual Currency or Virtual Goods does not reflect any stored value.
You agree that all sales by us to you of Virtual Currency and/or Virtual Goods are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases. However, please note that when you purchase a license to use Virtual Currency or Virtual Goods from us, the performance of our services begins promptly once your purchase is complete and therefore your right of withdrawal is lost at this point.
We reserve the right to control, regulate, change or remove any Virtual Currency or Virtual Goods without any liability to you.
Without limiting Section 3.5, if we suspend or terminate your account in accordance with Section 7 of these Terms you will lose any Virtual Currency and Virtual Goods that you to you.
User Conduct & Content
You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate, and complete at all times.
Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user ('Content'). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
You agree not to upload, communicate, transmit or otherwise make available any Content:
That is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene, or otherwise objectionable.
That is or could reasonably be viewed as invasive of another's privacy.
That is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred.
which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information).
which infringes any intellectual property right or other proprietary right of others.
which consists of any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation.
which 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.
You agree that you will not:
Use our Services to harm anyone or to cause offence to or harass any person.
''harvest', 'scrape' or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms).
Sell, transfer, or try to sell or transfer an account with us or any part of an account including any Virtual Currency or Virtual Goods.
Disrupt the normal flow of an education app or otherwise act in a manner that is likely to negatively affect other users' ability to compete fairly when using our education apps or engaging in real time exchanges.
Disobey any requirements or regulations of any network connected to our Services.
Use our Services in violation of any applicable law or regulation.
Use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to use), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair use or these Terms.
Use our Services in any other way not permitted by these Terms.
Create more than one account per platform to access our Services;
Use another person or entity's name, likeness, identity, or contact information (including email address) in order to sign up to use our Services.
Use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity, or our Services).
Disguise, anonymize or hide your IP address or the source of any Content that you may upload.
Use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications.
Remove or amend any proprietary notices or other ownership information from our education apps or any other part of our Services.
Interfere with or disrupt our Services or servers or networks that provide our Services.
Attempt to decompile, reverse engineer, disassemble, or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed, or stored by us.
We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity, or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted, or otherwise made available via our Services.
We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these Terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is we make no undertaking to do so.
You are solely responsible for your interactions with other users of our Services.
Using Our Education apps with Other Users
Some of our education apps may allow you to use against an opponent or to use socially with other users. You may be able to (i) choose to use against another user or to use socially with another user whom we select for you, or (ii) use against, or use socially with one of your contacts on a platform or social network which you have allowed our education apps to interact with. Some of our education apps may also allow you to search for your friends (for example, by email address) in order to find them to use against or use socially with. We may also disuse the disuse names of your past opponents so that you can easily find them to use again.
Where we select another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your location, or level you have reached in the education app).
By accessing and/or using those of our education apps which allow you to use against an opponent or to use socially, you agree to your disuse name, scores, and other related details being displayed to other users. You also understand and agree that other users may find you by searching for you with your email address or other identifying information provided by you. Please note that we will only show your disuse name publically, and not your email address; another user must already know your email address in order to search for you.
Your Breach of These Terms
We reserve the right to suspend or terminate your access to our Services (including by deleting your account) if we reasonably believe that you are in breach of these Terms.
You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you.
Disclaimer & Release
To the extent allowed by applicable law, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these Terms up to the value of the amount that you have paid to us and you hereby waive the right to further recovery. Losses and harm are foreseeable where they could be contemplated by you and us at the time of you agreeing to these Terms.
We are not responsible for:
Losses or harm not caused by our breach of these Terms or negligence.
Losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these Terms, including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure, or financial loss.
Any increase in loss or damage resulting from breach by you of any of these Terms;
technical failures or the lack of availability of our websites, education apps, and/or social media channels.
any losses caused by disruption of internet services, loss of phone, access by someone who may have gained access to your phone, etc.
We will provide our Services with the same skill and care as other similar website service providers, but you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services and we are not responsible or liable for any interruptions or errors that you may experience while accessing our Services.
Any additional legal rights which you may have as a consumer remain unaffected by these Terms.
Intellectual Property
You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by users) is owned by or licensed to us.
Whilst you are in compliance with these Terms, we grant you a non-exclusive, non- transferable, personal, revocable, limited license to access and use our Services (but not the related object and source code) and to use our intellectual property during the ordinary course and scope of the Services for your own personal private use, in each case provided that such use is in accordance with these Terms. You agree not to use our Services for anything else.
You must not copy, distribute, make available to the public, or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.
In particular, and without limiting the application of paragraph 9.3, you must not make available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Currency and/or Virtual Goods, whether on a free of charge basis or otherwise.
By submitting Content (as defined in paragraph 5.3) via our Services you:
Are representing that you are fully entitled to do so
Grant us and our group companies the right to edit, adapt, publish, and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you.
Acknowledge that you may have what are known as 'moral rights' in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the Content.
Agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
You must not copy, distribute, make available to the public, or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights have been infringed by someone else through or as a result of our Services, you may contact us by emailing the following information to cjoshi@studentnest.com:
A description of the intellectual property rights and an explanation as to how they have been infringed;
A description of where the infringing material is located;
Your address, phone number, and email address;
A statement by you, made under penalty of perjury, that (i) you have a good- faith belief that the disputed use of material in which you own intellectual property rights is not authorized, and (ii) the information that you are providing is accurate, correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
Privacy
We will only collect, process, use, and share your personal information in accordance with our Privacy Policy and as otherwise set out in these Terms. By using our Services, you give your consent to us collecting, processing, using, and sharing your personal data in this way. If you do not agree to our Privacy Policy you should not access and/or use our Services.
Any personal information that we collect may also be subject to the policy of any social network that you may agree to link our Services to. If you use our education apps and you agree to allow them to interact with a social network, you are giving us permission to use any information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can use socially. This is intended to make our education apps more enjoyable for you and others that use our education apps on that social network. If you do not agree to these practices you should not allow our education apps to interact with your social network.
We may use cookies, or similar technologies (such as HTML5 Local Storage) to store certain types of information each time you use our Services. They may for example be used to help us recognize your computer and to ensure that your account is accessed by the person that inputs the correct username and password for that account. You can find out more about how we use cookies and other similar technologies by reading our Privacy Policy.
Links
We may link to third party websites or services from our Services. You understand that we make no promises, representations, or warranties regarding any content, goods, or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.
Transfer of Rights
We reserve to transfer all or a part of our rights or responsibilities under these Terms to someone else without obtaining your consent. You may not transfer any of the rights or responsibilities we give you under these Terms unless we first agree to this in writing.
Entire Agreement
These Terms set out the entire agreement between you and us concerning our Services (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us.
Severability
If any part of these Terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these Terms shall remain valid and enforceable.
Waivers of Our Rights
Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
Complaints & Dispute Resolution
Most concerns can be solved quickly by contacting us at info@studentnest.com or other contact information as we may provide from time to time. In the unlikely event that we cannot solve your concern, all disputes arising out of or related to these Terms, our Services, or our education apps shall be construed in accordance with the laws of the State of California, United States of America. Any dispute, controversy or claim arising out of or relating to these Terms, our Privacy Policy, our Services, or our education apps, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of one arbitrator. The place of arbitration will be the State of California, United States of America unless applicable law mandates arbitration within the jurisdiction in which you reside, in which case, arbitration shall take place in said jurisdiction. However, to the extent allowed by applicable law, you hereby waive your right to arbitration within the jurisdiction in which you reside and hereby agree to arbitration in the State of California, United States of America. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Questions About These Terms
If you have any questions about these Terms, our Privacy Policy, our Services, or our education apps, you may contact us via our contact information as provided on our website or within the Services provided.
These Terms were last updated on February 21, 2021.