Effective Date: July 15th, 2024.
IMPORTANT NOTICE FOR U.S. CUSTOMERS: THESE TERMS & CONDITIONS CONTAIN A BINDING (WITH LIMITED EXCEPTION) ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTIONS BELOW. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY.
Welcome to DR BOFFIN ABC! DR BOFFIN ABC provides an interactive platform where kids can learn the alphabet through engaging games offered on our website at drboffin.games (the site), and our mobile application (the app) (collectively, the Services). DR BOFFIN ABC is operated by DR BOFFIN LLC, a company duly established and existing in accordance with the Texas Business Organizations Code, with a registered address at 9801 Stonelake Blvd Apt 231, Austin, TX 78759 (DR BOFFIN, Company, we, us, or our).
Please read these Terms & Conditions (Terms) and our Privacy Policy carefully as they govern your use of our Services. Do not subscribe, create an account, make a purchase from our online store, or use the Services if you do not agree with these Terms.
For the purposes of these Terms, users of the Services include Child Users, who are children utilizing the child-directed learning portion of the Services, including any specific functionalities of our products and/or services, and Adult Users, who are individuals over the age of 18, such as parents and guardians of Child Users, teachers, and school administrators. We collectively refer to all users as you, your, or users.
If you are under 18, you may only use the Services with the permission of your parent or legal guardian, or a teacher or school administrator authorized to give consent on behalf of your parent or legal guardian (Adult). Please ensure that an Adult has reviewed and discussed these Terms with you. If you are a parent, guardian, teacher, or school administrator of a user under 18, you acknowledge and agree that you have the authority to provide this consent on behalf of the user, that you consent to the user's use of the Services, and that you will be responsible for ensuring that any child authorized by you to use and access the Services does so in accordance with these Terms.
Your use of the Services may be governed by these Terms as well as by additional terms outlined in separate service agreements or sales documents (Additional Terms). In cases where there is a conflict between these Terms and any Additional Terms, the Additional Terms will prevail unless they explicitly state otherwise.
We reserve the right to update or change portions of these Terms at any time, at our sole discretion. If we make changes, we will post the updated Terms on the Services and update the effective date at the top of the document. Depending on the nature of the changes, we may also notify you through other reasonable means as required by applicable law. Your continued use of the Services after the changes take effect signifies your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services. As our Services continue to evolve, we may modify or discontinue all or part of the Services at any time, without prior notice, at our sole discretion.
To access the Services, you must create a Dr Boffin ABC account (Account) and agree to these Terms and our Privacy Policy. Only Adult Users can create an Account, and Child Users can only use the Services through an Adult User’s Account. Each Account must have one designated Adult User who is at least 18 years old and legally permitted to enter into contracts with us under applicable law.
You are responsible for maintaining the confidentiality of your password and Account information. You agree to:
If we discover that an ineligible user has created an Account, we may request confirmation of the user’s status and/or deactivate the Account.
Dr Boffin LLC, either directly or via a third party, may provide gift cards, promo codes, or gift subscriptions that can be redeemed for specific paid products or Services. These gift cards, promo codes, or gift subscriptions may come with Additional Terms, which will be provided to you at the time of purchase.
For details on how we collect, use, and share your and your child's information, please refer to our Privacy Policy and our Children’s Privacy Policy.
The Services, including all specific features of our products and/or Services (covering past, present, and future versions), are owned and managed by us. All Content related to the Services (as defined below) is protected to the fullest extent possible by United States, European Union, and international copyright, trademark, trade dress, patent, and other intellectual property laws. "Content" refers to all text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork, and computer code displayed on or accessible through the Services, as well as the design, structure, selection, coordination, expression, and arrangement of such materials. This includes, without limitation:
Subject to your strict adherence to these Terms and payment of any applicable subscription or other fees, we grant you a limited, non-exclusive, revocable, non-assignable, and non-transferable license (License) to access, display, view, use, play, and/or print one (1) copy (excluding certain printable activities available through the Services, which may be printed multiple times) of the Content on a personal computer, mobile phone, or other Internet-enabled device (each referred to as an Internet Device) solely for your personal, non-commercial use. For instance, teachers may use Content from the Services, including specific functionalities of our products and/or services, for educating their students, while other users’ use is limited to personal purposes. The License does not confer any ownership or other intellectual property rights to any Content, the Services, or any specific functionalities of our products and/or services. You cannot use the Content or the Services in any other way without our explicit prior written consent. All rights not expressly granted to you are reserved by us and/or our licensors and other third parties. Unless explicitly stated in these Terms or with the Company's prior written consent, no part of the Services or Content may be used, copied, reproduced, distributed, uploaded, posted, publicly displayed, translated, modified, transmitted, broadcasted, sold, licensed, or otherwise exploited for any purpose whatsoever. Any unauthorized use of any Content or the Services for any purpose is strictly prohibited.
We may permit the posting, submission, or sharing of artwork or other content created by users (User-Generated Content) through our Services, including specific features of our products and/or services. All rights to User-Generated Content, including all intellectual property rights, remain solely with the user. By posting, submitting, or sharing User-Generated Content through the Services, you grant us a limited, non-exclusive, transferable, perpetual, worldwide, royalty-free license to use, copy, distribute, display, transmit, modify, publish, and sublicense such User-Generated Content for the purposes outlined in these Terms, the posted Privacy Policy, and any Additional Terms, in all formats, and via any medium or technology now known or developed in the future.
You agree to our publication of User-Generated Content created through your account by any Child Users in a manner that does not easily identify those Child Users. Furthermore, if you are an Adult User, you consent to the publication of information that can be used to identify you in connection with User-Generated Content, to the fullest extent permitted by law. For instance, we may showcase User-Generated Content submitted in response to contests and sweepstakes, or publish any testimonials you provide to us along with your name and other submitted information.
You agree not to:
When creating links to our Services, you must not give the false impression that your websites and/or organization are sponsored by, endorsed by, affiliated with, or associated with us. We reserve the right to disallow linking to our Services for any reason, at our sole discretion, even if the link meets the above-mentioned requirements.
Some sections of our Services may feature content from third parties. Additionally, links from third parties on this site may take you to third-party websites that are not affiliated with us. We are not responsible for evaluating the content or accuracy, and we do not provide warranties or assume any responsibility or liability for any third-party materials or websites, or for any other materials, products, or services provided by third parties.
Please thoroughly review the policies and practices of third parties to ensure you understand them before engaging in any transactions. Complaints, claims, concerns, or questions about third-party products should be directed to the respective third party.
These Terms remain in effect until terminated by either you or us. You can terminate these Terms at any time by informing us, as outlined below, that you no longer wish to use our Services. We reserve the right to modify or discontinue the Services, or to suspend or terminate your access to them, including any Accounts or User-Generated Content you have submitted, at any time, without notice, for any reason, and without any liability to you or any third party. If any information you provide, or if we reasonably suspect that any information you provide, is false, inaccurate, or otherwise violates these Terms, we may suspend or terminate your Account or deny you access to all or part of the Services. Any suspension or termination will not affect your obligations to us, including any payment obligations, and you will not be entitled to a refund of any payments, except as required by applicable law. Upon suspension, discontinuation, cancellation, or termination of your access to the Services, or upon notice from us, your License to use the Services will immediately terminate. The following Clauses will survive termination: 6, 7, 8, 9, 10, 12, and 14. Regarding personal data of consumers in the EEA, United Kingdom, or Switzerland, the Company will comply with the applicable obligations under Regulation (EU) 2016/679. After termination of these Terms, the consumer must cease using the digital content or services and refrain from making them available to third parties.
These Terms, and any Additional Terms, will be governed by and construed in accordance with the Federal Arbitration Act, federal arbitration law, and the laws of the State of Texas, without regard to its conflicts of laws principles. Except as otherwise expressly set forth in Clause 13 Arbitration, the exclusive jurisdiction for all Disputes (as defined below) that you and DR BOFFIN LLC are not required to arbitrate will be the state and federal courts located in Austin, Texas, and you and DR BOFFIN LLC each waive any objection to jurisdiction and venue in such courts.
For users residing in the EEA, the United Kingdom, or Switzerland, these Terms, and additional terms, will be governed by and construed in accordance with the laws of your country of residence, and you may bring legal disputes in your local courts.
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY. IT REQUIRES YOU TO SETTLE MOST DISPUTES WITH DR BOFFIN THROUGH ARBITRATION AND MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS. BOTH YOU AND DR BOFFIN AGREE THAT ANY DISPUTE ARISING FROM YOUR USE OF THE SERVICES, INCLUDING PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE SERVICES, THESE TERMS, OR CONTENT (A “DISPUTE” AS DEFINED BELOW) WILL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING, INDIVIDUAL BILATERAL ARBITRATION, AS OUTLINED BELOW.
You and Dr Boffin agree that these Terms involve interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1, et seq., along with federal arbitration law, apply to this agreement and govern all questions regarding whether a dispute is subject to arbitration.
"Disputes" encompass any claims or controversies between you and DR BOFFIN related in any way to or arising from the Services or the Content. This includes but is not limited to issues related to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and DR BOFFIN. It applies even if the claim arises after the termination of Services, user account, or these Terms. Disputes also cover claims that:
However, Disputes do not include disagreements or claims related to patents, copyrights, moral rights, trademarks, trade secrets, piracy, or unauthorized use of intellectual property (collectively referred to as intellectual property claims).
Most conflicts can be resolved without needing to go to court. You can contact our support team at support@drboffin.games. Except for claims related to intellectual property and matters suitable for small claims court, both parties agree to make their best efforts to resolve any dispute, claim, question, or disagreement directly through consultation with our support team. Good faith negotiations are required before either party can initiate a lawsuit or arbitration.
If we are unable to resolve a Dispute informally, it will be settled exclusively through binding, individual arbitration, not in a class, representative, or consolidated action or proceeding. You and Dr. Boffin agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that both you and Dr. Boffin are waiving the right to a jury trial or to participate in a class action. Both parties further agree to submit to the personal jurisdiction of any state or federal court in Austin, Texas, to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the arbitrator’s award. This arbitration provision will survive the termination of these Terms.
To initiate an arbitration proceeding, you must: (a) write a Demand for Arbitration including a description of your claim and the amount of damages sought (a copy of a Demand for Arbitration can be found at http://www.jamsadr.com); (b) send three copies of the Demand for Arbitration, along with the appropriate filing fee, to JAMS, 1717 Arch Street, Suite 3810, Philadelphia, PA 19103; and (c) send one copy of the Demand for Arbitration to 9801 STONELAKE BVLD APT 231, AUSTIN, TX 78759.
The arbitration will be conducted by a single arbitrator. Disputes involving claims and counterclaims with an amount in controversy under $250,000, excluding attorneys’ fees and interest, will be subject to JAMS’ latest version of the Streamlined Arbitration Rules and Procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most recent version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules can also be found at http://www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is unavailable to arbitrate, the parties will select an alternative arbitration forum. In case of any conflict between the JAMS Rules (or the rules of the chosen alternative arbitration forum) and these Terms, these Terms will prevail. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. In arbitration, you may seek any remedies available under your state’s law.
Payment of all filing, administration, and arbitrator fees will be governed by the JAMS rules. We will not seek to recover the administration and arbitrator fees we are responsible for unless the arbitrator finds your Dispute to be frivolous. If we prevail in arbitration, we will cover all of our attorneys’ fees and costs and will not seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses as provided under applicable law. Any arbitration hearings will take place in the county (or parish) where you reside, unless we both agree on a different location. The parties agree that the arbitrator shall have exclusive authority to resolve all issues related to the interpretation, applicability, enforceability, and scope of these Terms.
The arbitrator, not any federal, state, or local court or agency, will have the exclusive authority to resolve any dispute concerning the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or part of this Arbitration Agreement is void or voidable or whether any claims are exempt from Arbitration. The arbitrator will determine the rights and obligations, if any, of both you and Dr. Boffin. The arbitration process will not be combined with any other cases or joined with other proceedings or parties. The arbitrator will have the authority to issue rulings that dispose of all or part of any claim or dispute. The arbitrator is authorized to grant any relief that would be available in court, whether legal or equitable. The arbitrator will provide a written award and statement of decision detailing the essential findings and conclusions on which any award (or decision not to make an award) is based, including the calculation of any damages awarded. The arbitrator will adhere to the applicable law. The arbitrator has the same power to grant relief on an individual basis as a judge in a court of law. The arbitrator’s decision is final and binding on both you and us.
YOU AND DR. BOFFIN HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO RESOLVE DISPUTES IN COURT (EXCEPT FOR SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL BEFORE A JUDGE OR JURY. Instead, you and Dr. Boffin choose to resolve all covered claims and disputes through individual binding arbitration under this Arbitration Agreement, except as otherwise specified above. An arbitrator can grant on an individual basis the same damages and relief as a court and must follow these Terms just as a court would. However, arbitration does not involve a judge or jury, and court review of an arbitration award is subject to very limited review.
Subject to the section titled “Waiver of Class or Consolidated Actions,” if any part or parts of this Arbitration Agreement are found to be invalid or unenforceable under the law, those specific parts will be null and void, and will be severed from the rest of the Arbitration Agreement. The remaining portions will continue to be in full effect.
This Arbitration Agreement will remain in effect even after the termination or expiration of these Terms or your relationship with Dr. Boffin.
Except as stated herein, if we cannot settle a Dispute informally, any conflict arising from or related to this contract, including matters concerning its existence, validity, termination, interpretation, or execution, will be conclusively resolved through arbitration administered by the European Association of Arbitration, in line with its regulations in effect on the date the arbitration request is filed and known to the involved parties.
The parties agree that the arbitration tribunal for this purpose will consist of a single Arbitrator, the language of arbitration will be English, and the proceedings will be held in Madrid, Spain.
This Arbitration Agreement also applies to any claims you assert against any current or future parent, subsidiary, or affiliated company of Dr. Boffin, or any employee, officer, director, or investor of Dr. Boffin, and to any claims they assert against you, provided that such claims arise out of or relate to these Terms (such as their validity or enforceability), the Services, any person’s access to and/or use of the Services, and/or the provision of content, products, services, and/or technology on or through the Services.
This Arbitration Agreement will remain in effect even after the termination or expiration of these Terms or your relationship with Dr. Boffin. Subject to the section titled “Waiver of Class or Consolidated Actions,” if any part of this Arbitration Agreement is found to be invalid or unenforceable under the law, that specific part will be null and void, and will be severed from the rest of the Arbitration Agreement. The remaining sections will continue to be fully effective.
As a consumer, you have the right to bring the matter to a court of law in your place of residence. You may also choose to initially file a complaint with the relevant consumer protection agency in your area, the relevant EU or national board/authority for consumer disputes, or you can visit https://ec.europa.eu/consumers/odr to resolve a consumer dispute online outside of court.
To the fullest extent allowed by applicable law, the following additional legal terms shall apply:
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
Dr. Boffin and you agree to resolve any dispute individually and not as part of any class, consolidated, or representative proceeding. Dr. Boffin and you further agree not to participate in any class, consolidated, or representative proceeding (existing or future) initiated by any third party that arises out of or relates to any dispute with a third party. If an Arbitrator or Court determines that applicable law prevents the enforcement of this Paragraph’s limitations for a particular remedy, then that specific part of the claim seeking that remedy (and only that part of the claim) must be severed from the arbitration and may be brought in court. All other claims will continue to be subject to arbitration on an individual basis.
The arbitrator cannot merge more than one person’s or entity’s claims into a single case and cannot oversee any class, consolidated, or representative proceeding (unless we agree otherwise). The arbitrator’s decision or award in one person’s or entity’s case will only affect the individual or entity that brought the claim and cannot be used to resolve other disputes with other users of Dr. Boffin.
If any court or arbitrator determines that the waiver of class, consolidated, or representative actions set forth in this section is void or unenforceable for any reason, or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Austin, Texas, or as specified in Clause 12 above if you are a resident of the EEA, the United Kingdom, or Switzerland.
If any provision within this section is found to be invalid or unenforceable, that specific provision will be severed, and the remainder of the section will continue to be in full effect.
This Section also applies to any claims you assert against any current or future parent, subsidiary, or affiliated company of Dr. Boffin, or any employee, officer, director, or investor of Dr. Boffin, as well as any claims they assert against you.
This Section will survive any termination of your account or the Services.
THIS DISCLAIMER SECTION IS A CRITICAL PART OF THESE TERMS:
YOUR USE OF AND ACCESS TO THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE AND OUR PARENT, AFFILIATES, SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, COMPANY PARTIES), HEREBY DISCLAIM AND MAKE NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, OR PROMISES, WHETHER EXPRESS OR IMPLIED, REGARDING:
EXCEPT AS MAY BE SPECIFICALLY STATED IN ANY ADDITIONAL TERMS, THE COMPANY PARTIES FURTHER DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM ERRORS, COMPUTER VIRUSES, OR OTHER HARMFUL ELEMENTS.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH, OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:
THE ABOVE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF COMPANY PARTIES WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, FORCE MAJEURE, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SERVICES).
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE A RESIDENT OF NEW JERSEY, THIS SECTION DOES NOT APPLY TO PREVENT A RIGHT TO RECOVER CERTAIN DAMAGES (INCLUDING PUNITIVE DAMAGES) WHERE A HARMED PERSON PROVES WITH THE REQUIRED EVIDENCE THAT THE HARM SUFFERED WAS THE RESULT OF THE DEFENDANT’S “ACTS OR OMISSIONS AND SUCH ACTS OR OMISSIONS WERE ACTUATED BY ACTUAL MALICE OR ACCOMPANIED BY A WANTON AND WILLFUL DISREGARD OF PERSONS WHO FORESEEABLY MIGHT BE HARMED BY THOSE ACTS OR OMISSIONS.” SIMILARLY, THIS SECTION DOES NOT LIMIT THE COMPANY PARTIES’ TORT LIABILITY UNDER NEW JERSEY LAW RESULTING FROM THE COMPANY PARTIES’ OWN INTENTIONAL OR RECKLESS CONDUCT.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES’ TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS EXCEED (I) THE AMOUNT PAID BY YOU TO US DURING THE PREVIOUS TWELVE MONTHS OR (II) $100, WHICHEVER IS GREATER, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF THE COMPANY PARTIES FOR (1) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY THE COMPANY PARTIES’ GROSS NEGLIGENCE OR FOR (2) ANY INJURY CAUSED BY THE COMPANY PARTIES’ FRAUD OR FRAUDULENT MISREPRESENTATION.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN DR. BOFFIN AND YOU.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Dr. Boffin and its officers, directors, employees, and agents (the Indemnified Parties), from any claims or demands, including reasonable attorneys’ fees, made by any third party arising from: (a) your breach or alleged breach of these Terms; (b) your use of the Services or activities related to the Services, including any specific functionalities of our products and/or services; (c) your User-Generated Content; (d) your violation of any law, rule, or regulation; or (e) your infringement of any third-party rights. Dr. Boffin reserves the right to assume, at its own expense, the exclusive defense and control of any matter subject to indemnification by you, in which case you will fully cooperate with the Indemnified Parties in asserting any available defenses. You will not, under any circumstances, settle any claim without our prior written consent. If any child you authorize to use or access the Services disaffirms any or all of these Terms, you agree to defend, indemnify, and hold us harmless for any damages we incur as a result of the child’s disaffirmance.
Notwithstanding the above paragraph, if you are a resident of New Jersey, you agree only to release, defend, indemnify, and hold the Indemnified Parties harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
If you are a California resident, you waive California Civil Code Section 1542, which states: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
If you are not a California resident, you waive your rights under any statute or common law principle similar to California Civil Code Section 1542 that governs your rights in your jurisdiction of residence.
If you believe that any content appearing on any part of the Service has been copied in a manner that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 (the DMCA) or any other regulation applicable within the EEA, the United Kingdom, or Switzerland, please provide the following information to the designated Copyright Agent listed below:
In compliance with the DMCA, you can report alleged copyright infringement by emailing us at support@drboffin.games or by mailing us at DR BOFFIN LLC, 9801 STONELAKE BVLD APT 231, AUSTIN, TX 78759 Under the DMCA, anyone who knowingly and materially misrepresents that material or an activity is infringing may be held liable. We may forward the information provided in the notice from the complaining party to the individual who supplied the allegedly infringing material.
To report alleged copyright infringement in accordance with the DMCA, please send an email to support@drboffin.games or mail your notice to DR BOFFIN LLC, 9801 STONELAKE BVLD APT 231, AUSTIN, TX 78759.
The Services may include various features and services, including specific functionalities of our products and/or services, accessible through your wireless Internet Device (collectively referred to as Wireless Features). Your carrier may apply standard messaging, data, and other charges, which could appear on your wireless bill or be deducted from your prepaid balance. Your carrier might restrict or prohibit certain Wireless Features, and some Wireless Features may not be compatible with your carrier or wireless Internet Device. You agree that for the Wireless Features you are registered for, we may send communications to your wireless Internet Device regarding our services or those of third parties. If you have registered for Wireless Features through the Services, you agree to inform us of any changes to your wireless number (including phone number) and update your Account to reflect these changes.
If you send us specific submissions at our request (such as contest entries) or if you send us creative ideas, suggestions, proposals, plans, or other materials without our request, whether online, via email, postal mail, or otherwise (collectively referred to as Comments), you agree that we may, at any time and without limitation, edit, copy, publish, distribute, translate, and otherwise use any Comments you provide in any medium. We are under no obligation to (1) keep any comments confidential; (2) pay compensation for any comments; or (3) respond to any comments.
We may, but are not obligated to, monitor, edit, or remove content that we, in our sole discretion, determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
You agree that your comments will not infringe on the rights of any third party, including copyright, trademark, privacy, personality, or any other personal or proprietary rights. Additionally, you agree that your comments will not contain libelous, unlawful, abusive, or obscene material, nor will they contain any computer virus or other malware that could affect the operation of the Services or any related website. You must not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties regarding the origin of any comments. You are solely responsible for the comments you make and their accuracy. We do not take responsibility for and assume no liability for any comments posted by you or any third party.
These Terms do not grant any rights or benefits to third parties and cannot be enforced by them, except as required by applicable law.
When you communicate with us electronically, such as through a communication tool provided by the Services, you consent to receive communications from us electronically. Please note that while we will do our best to respond to your inquiry, it may take some time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
When Dr. Boffin requires you to provide an email address, you are responsible for supplying Dr. Boffin with your most current email address. If the last email address you provided to Dr. Boffin is not valid, or for any reason is not capable of delivering notices required or permitted by these Terms, the dispatch of the email containing such notice will still constitute effective notice. You may give notice to Dr. Boffin at the following address: 9801 Stonelake Blvd Apt 231, Austin, TX 78759. Such notice shall be considered given when received by Dr. Boffin by letter delivered via a nationally recognized overnight delivery service or first-class postage prepaid mail to the above address.
We manage and operate the Services from the United States. If you access the Services from other locations, you are responsible for complying with local laws regarding your online conduct and acceptable content, if and to the extent those local laws apply (e.g., any local education regulatory or data privacy laws). Both you and we disclaim the application of the Convention on Contracts for the International Sale of Goods.
Dr. Boffin shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, pandemics, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Any claim or dispute between you and Dr. Boffin that arises out of or is related to the Services and is not subject to arbitration or eligible for small claims action, shall be decided exclusively by a court of competent jurisdiction located in Austin, Texas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Austin, Texas.
If you are a resident of the EEA, the United Kingdom, or Switzerland, Clause 12 shall apply.
You agree that, except where otherwise provided by applicable law, any claim arising out of or related to the Services must be initiated within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. This statute of limitations does not apply to residents of New Jersey.
You may not use, export, import, or transfer the Services, including purchasing any products or services on the Services, except as authorized by U.S. law, the laws of the jurisdiction in which you used the Services, or purchased any products or services, and any other applicable laws. Specifically, but without limitation, the Services, including any products or services purchased on the Services, may not be exported or re-exported (a) to any United States embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services or purchasing products or services on the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree not to use the Services or products or services purchased on the Services for any purposes prohibited by U.S. law.
If any provision of these Terms or any Additional Terms is found to be unenforceable by a court or arbitrator, you agree that every effort will be made to reflect the parties’ intentions as expressed in that provision, and the remaining provisions of this Agreement will continue in full force and effect. You agree that these Terms and any Additional Terms will not be construed against us because we drafted them.
We may assign our rights and obligations under these Terms or any Additional Terms, in whole or in part, to any party at any time without notice. You may not assign these Terms or any Additional Terms, nor delegate your duties under them.
No waiver by us of any provision of these Terms will be effective unless made in writing and signed by a duly authorized officer of Dr. Boffin LLC.
In the event of any termination of these Terms, whether by you or the Company, the following Sections will remain in full force and effect: Section 8 (Content You Submit), including but not limited to the Company’s right to use Your Content; Section 9 (Services and Content Use Restrictions); Section 10 (Linking To and From Our Services); Section 13 (Governing Law/Jurisdiction); Section 14 (Arbitration); and Section 15 (Additional Legal Terms).
These Terms constitute the entire agreement and understanding between you and the Company regarding the subject matter of the Terms and supersede all prior agreements and understandings between the parties with respect to that subject matter. These Terms may not be altered, supplemented, or amended by the use of any other documents unless agreed to in a written agreement signed by you and the Company. If there is any conflict or inconsistency between these Terms and anything in or associated with the Services, these Terms shall prevail.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
If you are a resident of the EEA, the United Kingdom, or Switzerland, you may report complaints to the addresses, channels, and authorities indicated in these Terms.
We can be reached out at support@drboffin.games for any queries
Our mailing address is:
DR BOFFIN LLC
9801 STONELAKE BVLD APT 231
AUSTIN, TX 78759