Please read these Terms of Use (“Terms of Use”) carefully before using any Learning Station Services.
By downloading our Apps and using any of our Services (as defined below) you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use Services.
The Learning Station, Inc. (also known within this document as “The Learning Station”, “we”, or “us”) endeavors to provide a safe and friendly educational environment for children under 13 years old, with their parent’s consent and supervision, to experience rich content. Our Services include our mobile applications, our website (“Sites”), and other features, content and functionality offered by us from time to time in connection with our Sites.
1. GENERAL TERMS AND LICENSE
1.1 Governing Agreement
The Terms of Use of this agreement govern the relationship between you and The Learning Station, Inc. (“The Learning Station”) regarding your use of The Learning Station’s mobile applications, educational content, games, related services, and The Learning Station’s website, including (together, “Services”).
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S USE OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU ARE A SCHOOL OFFICIAL AND PROVIDE YOUR CONSENT TO A CHILD’S USE OF THESE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF THEIR USE OF THE SITE, THAT YOU ARE AUTHORIZED TO DO SO, AND THAT YOU ARE IN COMPLIANCE WITH THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA).
1.2 Definitions
“Licensor” – The Learning Station
“Licensed Applications”- Reading Train Mobile Apps
“Account Owner”—is a parent, guardian or authorized school
official who has created an account on behalf of a child on The Learning
Station's mobile application. Account Owners have access to varying levels of
functionality and content, depending on subsequent in-app purchases made by the Account Owners.
“Parent”—is an Account Owner that is a parent or legal guardian.
“School Official”—is an Account Owner that is a teacher or
other authorized school agent, according to authorization procedures within
FERPA.
“Member”—is an Account Owner who has an active subscription to access Reading Train’s premium features.
“Parent Settings”—the account management center with the
Sites where the Account Owner can control various settings associated with an account.
“Services”—Collectively, The Learning Station’s mobile and
web applications, educational content, games, related services, and The
Learning Station’s websites, including .
“Sites”—The Learning Station’s mobile applications and its website.
“You” is in reference to you as the Parent, legal guardian,
or authorized school official, and your Child, whom you have granted access to the Services.
“Subscription Fee” – is a fee for access to premium content
and Services not available to non-Member account owners.
1.3 Terms of Use and Privacy Policy
By using Services you: (1) agree to be bound by these Terms of Use and conditions; (2) agree to our privacy policy, which is located at and is incorporated here by reference; and (3) agree to be bound by other policy
and legal notices that may be posted on our Site from time to time. The legally
binding Terms of Use of these documents set out your rights, obligations and
restrictions regarding your use of our Services. Privacy Policy: https://www.readingtrain.org/privacy-policy
In order to participate in certain Services you may be required to download content, software, and/or required to agree to additional Terms of Use and conditions. Unless otherwise expressly set forth in any such additional Terms of Use and conditions applicable to the specific Services in which you choose to participate, those additional Terms of Use are incorporated into this Agreement. If you do not agree to this Agreement (which is comprised
of these Terms of Use and our Privacy Policy) please do not use our Services.
We require that you review our Privacy Policy at and encourage you to raise any relevant questions with us. You are only authorized to use the Services if you agree to abide by—and do abide by—all applicable laws and this Agreement.
YOU MUST BE A PARENT, LEGAL GUARDIAN, OR AN AUTHORIZED
SCHOOL EMPLOYEE IN COMPLIANCE WITH FERPA, TO USE OUR SERVICES; BY PROVIDING YOUR CONSENT , YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF YOUR CHILD’S USE OF THE SERVICES.
1.4 Eligibility for Use Ability to Accept Terms of Use
If you are under the age of 18, you must have legal parental or guardian or authorized school consent to use our Services. Account Owners affirm that any child user associated with their account possesses legal parental or guardian consent to use the Services. Account Owners affirm that they have read and accepted these Terms of Use and the Privacy Policy, and agree to abide by and comply with this Agreement.
1.5 Updates to the Terms of Use
The Learning Station reserves the right, at our discretion,to change, modify, add or remove portions of these Terms of Use at any time by posting the amended Terms of Use on or within the Sites. You may also be given
notice, such as an e-mail message or messaging within our Services of any
changes. You will be deemed to have accepted such changes to the Terms of Use by continuing to use any of our Services.
If at any point you do not agree to any portion of the then-current version of our Terms of Use or the Learning Station Privacy Policy, or any other Learning Station policy, your license to use the Services shall immediately terminate and you must immediately stop using our Services.
To the extent the Terms of Use or The Learning Station Privacy Policy conflict with any other Learning Station Terms of Use, policy, rules or codes of conduct, the Terms of Use contained in these Terms of Use and in the Learning Station Privacy Policy shall govern.
1.6 Grant of a Limited License to Use the Services
Subject to your agreement and continuing compliance with
these Terms of Use and any other relevant Learning Station policies, The Learning Station grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in Sections 1 to access and use the Services for your own non-commercial purposes.
1.7 Accessing the Service
By accessing or using any of the Learning Station Services,
including using any Learning Station mobile application, browsing any Learning Station website, accessing a Learning Station game or other Learning Station content, you accept and agree to these Terms of Use.
You must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component. You are responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Services.
1.8 Use of the Services
You are granted the revocable, non-transferable right and license to use the Services, including Learning Station educational content and games accessed through the Services, for your private, non-commercial use.
These rights are user rights only, and no right or license is granted to
distribute, publicly perform or prepare derivative works of any content
accessed through the Services.
1.9 Account Fees
The Learning Station may charge an account fee or subscription fee for access to certain Services. We may change that fee at any time at our discretion. All fees are payable in accordance with payment terms in effect at the time when the fee becomes payable. We may offer promotional trial subscriptions to access those Services for free or at discounted prices, as well as referral discounts or similar free access to Member benefits when referring to new users. If you sign up for a trial use or referral benefits, your rights to use the Services are limited by the terms of that trial or referral, and will terminate or renew according to the terms of your trial or referral arrangement and any applicable Additional Terms. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.
1.9.1 APP STORE SUBSCRIPTIONS
Subscriptions purchased inside our Learning Station app are managed directly by the App Store. You should consult with the App Store to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other
charges. Learning Station relies on the App Store to collect subscription fees
and to report on the status of subscription accounts that have been purchased
from within the app. Learning Station does not have the ability to manage any
aspect of an App Store subscription on your behalf, including, but not limited
to, initiating, canceling or refunding subscriptions.
Subscriptions are valid for at least thirty (30) days.
Payment for a subscription will be charged to your App Store account at
confirmation of purchase. Your subscription automatically renews unless
auto-renew is turned off at least twenty-four (24) hours before the end of the
current period. Your account will be charged the then-applicable subscription
price within twenty-four (24) hours prior to the end of the current period.
Subscriptions may be managed and auto-renewal may be turned off by going to the Account Settings screen in the App Store app on your device after purchase. No cancellation of the current subscription is allowed during active subscription period.
1.9.2 SUBSCRIPTION CANCELLATIONS
If you subscribed through our Reading Train app, then you need to follow cancellation instructions from the App Store associated with your device. After canceling a subscription, you will continue to have access to premium Services for the interval of time that has already been prepaid, which will be calculated based on the rate in effect at the date of purchase. Learning
Station does not provide full or partial refunds for prepaid intervals, whatever their duration.
1.10 Ownership
1.10.1. CONTENT AND SERVICES
The Services (including without limitation any content, games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, and moral rights) are copyrighted works owned by The Learning Station, unless expressly indicated otherwise. The Learning Station reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Services.
2. DISCLAIMERS AND LIMITATIONS OF LIABILITY
2.1. DISCLAIMER OF WARRANTIES
THE SITES AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED
AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Learning Station is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of these Sites or with respect to the information and material contained on these Sites. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE LEARNING STATION, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON
THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY THE LEARNING STATION OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall The Learning Station’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing the Sites.
2.2. Indemnification
You agree to indemnify, defend and hold harmless, The Learning Station, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Sites from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you. The Learning Station reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with The Learning Station in asserting any available defenses.
You agree that the provisions in this paragraph will survive
any termination of your account(s) or of the Service.
GENERAL PROVISIONS
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer,disassemble, attempt to derive the source code of, modify, or create derivative works of the
Licensed Application, any updates, or any part thereof (except as and only to
the extent that any foregoing restriction is prohibited by applicable law or to
the extent as may be permitted by the licensing terms governing use of any
open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, if it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This EULA is effective until terminated by you or Licensor. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable
access to Licensor’s and/or third-party services and websites (collectively and
individually, "External Services"). You agree to use the External
Services at your sole risk. Licensor is not responsible for examining or
evaluating the content or accuracy of any third-party External Services and
shall not be liable for any such third-party External Services. Data displayed
by any Licensed Application or External Service, including but not limited to
financial, medical and location information, is for general informational
purposes only and is not guaranteed by Licensor or its agents. You will not use
the External Services in any manner that is inconsistent with the terms of this
EULA or that infringes the intellectual property rights of Licensor or any
third party. You agree not to use the External Services to harass, abuse,
stalk, threaten or defame any person or entity, and that Licensor is not
responsible for any such use. External Services may not be available in all
languages or in your Home Country and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY
LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS
INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO
YOU. In no event shall Licensor’s total liability to you for all damages (other
than as may be required by applicable law in cases involving personal injury)
exceed the amount of fifty dollars ($50.00). The foregoing limitations will
apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the
Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. You also agree that you will not use these products for any purposes prohibited by United States law.
h. The Licensed Application and related documentation are
"Commercial Items", as that term is defined at 48 C.F.R. §2.101,
consisting of "Commercial Computer Software" and "Commercial
Computer Software Documentation", as such terms are used in 48 C.F.R.
§12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R.
§12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the
Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following
paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Santa Clara,
California, to resolve any dispute or claim arising from this Agreement. If (a)
you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not
accessing the Service from the U.S.; and (d) you are a citizen of one of the
countries identified below, you hereby agree that any dispute or claim arising
from this Agreement shall be governed by the applicable law set forth below,
without regard to any conflict of law provisions, and you hereby irrevocably
submit to the non-exclusive jurisdiction of the courts located in the state,
province or country identified below whose law governs:
If you are a citizen of any European Union country or
Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is
that law known as the United Nations Convention on the International Sale of
Goods.