GOLDEN POPPY INC.,
TERMS OF SERVICE
Last Update: May 31, 2026
Welcome to the Unicorn Blue online services, which are accessible via the Golden Poppy Inc., (GP) mobile device application (APP). To make the GP Terms of Service (Terms) easier to read, our APP, educational tutorials (Tutorials), assessments (Assessments), analytics (Analytics), reports (Reports), and website located at http://goldenpoppy.net (Site) are collectively called the “Services”. Please read carefully these terms and our Champion/Player Guidelines, Online Safety Guidelines and our Privacy Policy because they govern your use of our services.
Agreement to Terms
By using our Services, all visitors, users, and others who access, purchase, or otherwise use the Services (“you” or “Users”) are agreeing to these Terms, our Champion Guidelines, Online Safety Guidelines, and our Privacy Policy. When our Services are used by an educational agency or institution, including but not limited to a school, school district, school official, teacher or other school or district representative or other provider of educational services (collectively referred to as "Schools"), then "you" includes teachers and other School personnel and administrators who access the Services on the School's behalf, students who use the Services under the supervision of that School, and parents and legal guardians of those Students. As the parent or legal guardian of a child under the age of 13
(Parent) you are agreeing to these Terms on behalf of yourself and your child(ren) who are authorized to use the Services pursuant to these Terms and our Privacy Policy. If you don’t agree to these Terms, our Champion Guideline, Online Safety Guidelines and our Privacy Policy, you may not use the Services.
Changes to Terms or Services
We may modify these Terms at any time. If we do so, we’ll let you know either by posting the modified Terms on the Site or APP or through other communications. It’s important that you review the Terms whenever we modify them, because if you continue to use the Services after we have posted modified Terms on the Site or APP, or otherwise communicate them to you, you are indicating to us that you agree to be bound by the modified Terms. These Terms of Use and any additional terms which make reference to these Terms of Use and are incorporated herein and any other contractual terms (including without limitation contracts with School) are collectively referred to herein as the "Agreement".
By accessing or using the Services, you signify that you have read, understood, and agree to be bound by the Agreement, and to the collection, processing and sharing of your information as set forth in our Privacy Policy whether or not you are a registered user of our Services. If you don’t agree to be bound by the modified Terms, then you may not use the Services. Because our Services evolve over time, we may change or discontinue all or any part of the Services at any time and without notice.
If you breach these Terms we may take action against you, including but not limited to terminating your account. You acknowledge that GP has no obligation to, and will not, reimburse or refund you for Services lost due to involuntary suspension or termination of your account.
ARBITRATION NOTICE: THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARABITRATION AND CLASS ACTION WAIVER PROVISION THAT REQUIRES YOU TO AGREE THAT DISPUTES BETWEEN YOU AND GOLDEN POPPY INC., WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Privacy
Please refer to our Privacy Policy (http://www.goldenpopy.net) for information on how we collect, use, and disclose information from our users.
A note about Anonymized Student Data: GP Services may be purchased by Schools for educational purposes. When GP contracts with a School to provide Services to Students on behalf of the School, we may collect or have access to Anonymized Student Data (defined below), which may be provided by the School or by the student. We consider Anonymized Student Data to be strictly confidential and in general do not use such data for any purpose other than improving and providing our Services to the School or on the school's behalf. Our collection, processing and sharing of Anonymized Student Data is governed by this Agreement and any applicable laws and regulations including, in the U.S., provisions of the Family Educational Rights and Privacy Act ("FERPA"), the Children's Online Privacy Protection Act ("COPPA").
Eligibility and Authority
GP does not sell Services to children, but only to adults who can purchase the Services with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Services only with the involvement and consent of a parent, legal guardian, or at the direction of your School. Your School may impose additional policies regarding the use of the Services, with which you must comply.
If you open a GP account to provide the Services to students in a School, then (i) "you" includes you and that School, and (ii) you represent and warrant that you are an authorized representative of the School with the authority to bind the School to this Agreement, and that you agree to this Agreement on the School's behalf.
If you open a GP account to provide the Services to a minor child outside of an educational setting, then: (i) you represent that you are the parent or legal guardian of the minor child, or, to the extent permitted by law, you have the appropriate authority to provide consent for the minor child to use the Service, and (ii) you accept this Agreement on behalf of the minor child and that you are responsible for the child's activity on the Services.
If you contact GP to take any action with respect to an account, you represent and warrant that you have all necessary authority to request such action(s) from or on behalf of the account-holder (e.g., a School or Parent).
General Account Information
GP sells access to the Services to a school or district in the form of an account. The account is provided for a term and price subject to certain renewal, cancellation, and other terms and conditions specific to the account (the "Account Terms"). The Account Terms are identified (in order of precedence) in the then-current quote or sales contract for the account, the selections made and account-specific terms disclosed when signing up for the account (which may be confirmed by e-mail), the description of account terms accessible through the GP website when signed in to an appropriate user associated with the account and the default Account Terms set forth below. Each account may have Account Terms in addition to or different from those as set forth in this Agreement, but only to the extent set forth in a signed writing by the account subscriber and an officer of GP.
Outside an educational institutional setting, GP sells access to certain Services to parents in the form of in-app purchases after making an account, accepting the terms of service, downloading the APP and authenticating with GP Services. The Account Terms are identified and disclosed when signing up for the account through the GP website.
GP provides a variety of "account types" which may apply depending on the user and the way an GP account is created. Each account type has a default set of Account Terms which apply unless superseded as set forth above. GP reserves the right to provision accounts that do not belong to any of these default account types and/or to provision accounts with different Account Terms regardless of its account type.
Account Types:
Family Account — A Family account is purchased by or for a Parent. Family accounts are generally available for download through the GP website. Certain GP in-app Services are purchased through a third-party app store using a credit card. A family account can be used by a Parent's child at the Parent's direction.
Site Account — A site account is purchased by or on behalf of a school or school district. Site accounts may be purchased by e-mail through invoice of a sales contract. A site account is based on per student licenses and a set maximum number of student users (which may vary depending on the purchase). Full site quote may vary depending on customization and support options. A site account may be for a term of one year or longer. The term is disclosed at the time of purchase. Site accounts do not automatically renew. Action must be taken by the school or its authorized representative (e.g., school administrator) to renew and continue using a site account past the end of the term. A site account is a type of school account. More information relating to school accounts may be found in School Accounts and Student Data below.
Quotes and Proposals: Any quotes or proposals provided by GP are valid only for a limited time and are effective only with the agreement of the relevant parties. Quotes and proposals may be withdrawn by GP at any time in its sole discretion. Quotes and proposals may include information that is proprietary and confidential to GP and to the maximum extent permitted by law may not be disclosed to anyone other than their intended recipient. By requesting and/or accepting receipt of a quote or proposal from GP you agree to keep such quotes or proposals confidential, to not disclose such quotes or proposals to any third party, and to immediately return and/or destroy all quote and proposal materials upon receiving a request to do so from GP. To the extent that public records laws may apply to a quote or proposal provided by GP, you agree to immediately notify GP of any public records request that may result in disclosure of an GP quote or proposal and provide GP all reasonable opportunities to take steps to prevent such disclosure to the maximum extent permitted by law and will reasonably cooperate with GP.
Payments: School accounts have the option to make payment by credit card, check, or other methods at GP's discretion (contact us for details). Payment must be received by GP no later than 30 days after GP issues an invoice. If GP does not receive payment within 30 days, the invoice is past due and GP reserves the right to suspend access to the affected school account(s) and take collection action. Suspension of an account does not relieve the account-holder of its obligation to pay for the account. GP reserves the right to charge a late fee in the amount of 1% per month or the maximum permitted by law and its reasonable attorney's fees in securing payment of past due amounts.
Cancellation: Except as set forth below or otherwise agreed by GP in a signed writing, accounts may not be canceled until the end of the current term of the account. Unless otherwise provided for herein, all cancellations requested before the end of the then-current term will be effective at the end of the current term.
GP permits early cancellations only in the following circumstances:
End of Subscription: When an account subscription ends (e.g., at the end of the term if the account has not been renewed or has been canceled), the account no longer permits access to the Services. However, GP may, at its sole discretion, permit continued, limited access for users of the Account for a limited time after the conclusion of the term. The Services includes capabilities to download and export information relating to the account. If an account-holder or any of its users wishes to save or maintain any data or User Content, it is the account-holder and its user's sole obligation to request download of such data before the conclusion of the term. Once the term of an account ends, GP may delete data relating to an account in accordance with this Agreement and the Privacy Policy. It is the account-holder's sole responsibility to request renewal of accounts that do not automatically renew to maintain continued access to the account and its associated data.
Account Registration Obligations
If you want to use certain features of the Services, you will have to create an account (Account) with us. You will also need access to an iOS or Android device and an internet connection. We do not support rooted or jailbroken devices. You can create an account by visiting https://goldenpoppy.net Unicorn Blue Champion Club (UBC) account creation page. GP uses this information such as your email address to ensure the quality of our Services running on our third-party platforms are functioning on the devices that they are running on. We also use this information for order processing and fulfillment. In consideration of your use of the Services, you agree to provide us with accurate, complete, and up-to-date information for your Account, and you agree to update such information as needed, to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your GP Services. You agree that you won’t disclose your Account password to any one and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them. Where parental consent is required, GP recommends that Parents monitor the Child’s online activity and use of the Services.
Registration by Children
We comply with the Children’s Online Privacy Protection Act (COPPA) through the verification and consent process handled by UBC. The Parent of each child under the age of 13 must register with GP before using the Services. GP requires the Parent to verify that he or she is the Parent of the child and to consent to the creation of an Account with us for the child. Upon receipt of both parental verification and consent, GP will enable the Parent to create an Account with us for the child. Parent will be asked to provide Parent name, Parent email, child name, child/device email (if different from parent email/device) full billing address and zip code (tax) shipping address (if different from billing) and CVC credit card number.
Parents of children under the age of 13 understand and agree that GP may provide information submitted to GP or collected via the Services, to third parties who use such information for the sole purpose of administering or providing Services (e.g., third-party security monitoring services and web-hosting companies). Please see our Privacy Policy, available at http:/www.goldenpoppy.net for more information on how we collect, use, and disclose information from our users.
If a Parent does not consent to a child’s access or use the Services or is not verified through the consent process, GP will bar that child’s registration for an Account, prevent the child’s access to and use of the Services, and ensure that such child’s information is not accessible through the Services. If a Parent has consented to a child’s access to and use of the Services but wishes to rescind such consent, the Parent should email us at [email protected] to submit the request. We will discontinue that child’s access to and use of the Services and ensure that such child’s information is no longer accessible through the Services. Upon termination of any Services or your Account, the following provisions of these Terms will survive: Content Ownership, Rights Granted by You, Disclaimer of Warranties, Indemnity, Limitation of Liability, Dispute Resolution, General Terms and this sentence on Termination.
Purchases made through the Services are limited to Account holders who either (a) are the age needed to consent to a contract in their country of residence; or (b) if younger, have the consent of a Parent to use the Services. Parents can consult the iOS or Google Play settings for the APP to restrict in-App purchases by a Child, and should also monitor activity in their Child’s Account, including the purchase of Tokens or Goods.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, GOLDEN POPPY, INC. DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT. IF YOU ARE A PARENT AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR ONE OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.
SCHOOL ACCOUNTS AND STUDENT DATA
This Section applies to a School's use of the GP Services. When GP is used by a School for an educational purpose, GP collects, analyzes and makes recommendations based on student responses to GP Content that is provided by the School to students. While using GP Services, Schools provide GP anonymized student ID’s. GP Services, authenticate and encrypt student responses during processing with third party providers such as Google. Schools maintain "Student Data", personal information that is directly related to an identifiable student and, in the U.S., may include "educational records" as defined by the Family Educational Rights and Privacy Act ("FERPA").
The School or the student, and not GP, owns and controls the Student Data. You authorize GP to access, collect, transmit, modify, display and store Anonymized Student Data to provide the Services and as described in this Agreement and in our Privacy Policy.
The U.S. Children's Online Privacy and Protection Act ("COPPA") requires that online service providers obtain verifiable parental consent before collecting personal information from children under 13. When GP collects and uses children's anonymized information at the direction of and under the control of a School, we rely on the School to provide the requisite consent and authorization, as permitted by COPPA. If you are a School providing the Services to children under 13, you represent and warrant that you have the authority to provide consent and authorization for GP to collect and use anonymized information from students under 13 before allowing such students to access our Services. We recommend that all Schools provide appropriate disclosures to students and parents regarding their use of service providers such as GP and that they provide a copy of our Privacy Policy.
Compliance with Laws. In the U.S., GP may collect and process Student Data as a School Official with a legitimate educational interest pursuant to the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. § 1232(g). Individually and collectively, we and our School Users agree to uphold our obligations under FERPA, COPPA, the Protection of Pupil Rights Amendment ("PPRA"), applicable State laws relating to student data privacy, and with all other laws and regulations governing the protection of Student Data.
Student Data may be considered "sensitive" under certain applicable United States ("U.S.") state privacy laws, or in some cases, Student Data may contain, contain information (e.g., gender, race, ethnicity) that is considered to be "sensitive." To the extent that US state privacy laws apply to Schools' use of GP for educational purposes, GP collects, processes and shares Anonymized Student Data as a processor and the School is the controller of such data. To the extent that consent is required to process anonymized sensitive personal data under applicable US state privacy laws, GP obtains consent in a manner consistent with COPPA and GP does not collect, sell, nor use Student Data for targeted advertising.
For School customers outside the U.S., GP serves as a processor for Anonymized Student Data. To the extent required for the lawful processing of personal data under applicable data protection laws, it is your sole responsibility to provide appropriate notice and obtain valid consents for GP's processing purpose before allowing minor students to use the Services.
Use of De-Identified or Anonymized Student Data. By submitting, providing us access to, or causing us to receive Anonymized Student Data, you agree that GP may use it for the purposes of (i) providing the Services, (ii) improving and developing our Services, (iii) enforcing our rights under these Terms, and (iv) as permitted with the School's or the User's consent. You agree that both before and after the term of the Agreement, GP may collect, analyze, use, and retain data derived from anonymized student responses as well as data about users' access and use of the Services, for the purpose of operating, analyzing, improving or marketing the Services, developing new products or services, conducting research or other purposes, provided that GP may not share or publicly disclose information unless such data is de-identified and/or anonymized such that it cannot reasonably identify a specific individual.
Use of Personal Information for Marketing. You agree that GP may provide customized content, advertising, and commercial messaging to school, teacher or district administrative users and other non-student users from time to time, provided that such advertisements are based on Anonymized Student Data.
Disclosure of Anonymized Student Data and Third-Party Service Providers. You acknowledge and agree that GP may provide access to Anonymized Student Data to our employees and service providers which have a legitimate need to access such information to provide their services to us. We and our employees, service providers, or agents involved in the handling, transmittal, and processing of Anonymized Student Data will be required to maintain the confidentiality of such data. GP shall not share Anonymized Student Data with third parties other than as described in this Agreement and in the GP Privacy Policy, or otherwise with the consent, or at the direction, of the School or parent. GP may share Anonymized Student Data with third parties through the Services as directed by a School or School administrative user with authority over Student Data, which includes sharing Anonymized Student Data with other School users who are authorized to access messages and Content sent through the Services.
Student Data Access and Deletion Requests. A parent or student over the age of 18 seeking to access, modify, correct, or delete personal information in a student account that is connected to a School account will be instructed to contact the School to discuss data deletion or modification. We are not required to delete data that has been de-identified and/or anonymized such that it cannot reasonably be used to identify a specific individual. We will also not delete any data we are required or permitted to retain by law.
MEMBERSHIP AND BILLING FOR ACCOUNTS WITH AUTOMATIC RENEWAL
This Section applies to accounts that have been created through the Services using a credit card and automatically renew. You can contact GP at any time with any questions regarding your specific membership details by contacting us at [email protected].
MEMBERSHIP SUBSCRIPTION RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EACH SUBSCRIPTION PERIOD (MONTHLY OR YEARLY), UNTIL YOU CANCEL.
By starting your GP membership, you are expressly agreeing that we are authorized to charge you the membership fee associated with the term of your membership (e.g., monthly or yearly) you chose during registration. Thereafter, we will automatically renew your subscription on each (monthly or yearly) anniversary of your subscription date, and we will charge your then-current payment method (or to a different payment method if you change your account information) associated with your account with the applicable then-current fee and any sales or similar taxes that may be imposed. Please note that prices and charges are subject to change with notice. As used in this Agreement, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method.
You acknowledge that the amount billed each billing period may vary for reasons that include differing amounts due to changes in your membership plan, and you authorize us to charge your Payment Method for such varying amounts. We may change the fees and charges in effect or add new fees and charges from time to time, but we will give you advance notice of these changes. If you want to use a different Payment Method, you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
You must cancel your membership before it renews each billing period to avoid billing of the next membership fee to your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month or year thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment.
Note: In the event your monthly membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31, your Payment Method would next be billed on February 28.
Cancellation of Automatic Renewals. You may cancel your GP membership at any time, and cancellation will be effective immediately. You will continue to have access to the program until the current billing period ends. We do not provide refunds or credits for any partially used membership periods. You may cancel your membership by contacting us at [email protected]
Price Changes. We reserve the right to adjust the pricing for our Services, including but not limited to membership subscription plans, in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes will take effect following posting or other notice to you (e.g., e-mail).
Account Password and Security
You will have a password upon completing the Services registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify GP of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GP cannot and will not be liable for any unauthorized access to your account or data that arises from your acts or omissions. GP accounts may not be shared by more than one person or organization unless express authorization is given by Golden Poppy, Inc. To report security concerns involving our products, please contact our Customer Support team at [email protected] . Include as much detail as possible, including the nature of the incident, any affected systems or data, and the steps taken leading up to the incident. Our Security team will investigate the matter promptly and take appropriate action to address any security concerns. Thank you for your cooperation in helping us maintain a secure environment for our users.
Account Suspension or Termination
We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms; (b) we suspect fraud, cheating, or misuse by you of Content or Services; or (c) we suspect any other unlawful activity associated with your Account.
Safe Play
During game play, please be aware of your surroundings and play safely. You agree that your use of the APP and play of the game is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Services. You also agree not to use the APP to violate any applicable law, rule, or regulation (including but not limited to the laws of trespass) or the Champion Guidelines, and you agree not to encourage or enable any other individual to violate any applicable law, rule, or regulation or the Champion Guidelines. Without limiting the foregoing, you agree that in conjunction with your use of the APP you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. To the extent permitted by applicable law, Golden Poppy Inc., disclaims all liability related to any property damage, personal injury, or death that may occur during your use of our Services, including any claims based on the violation of any applicable law, rule, or regulation or your alleged negligence or other tort liability. Further, in the event that you have a dispute with one or more other users of the APP, you release Golden Poppy Inc., (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The Services
The Services help users to engage, learn and fill gaps in various subjects including science, mathematics, history, language arts, social studies, and interpersonal skills. Unless explicitly stated otherwise, any new or improved features to the Services shall be provided subject to this Agreement. You understand and agree that the Services are provided "as-is" and that Golden Poppy Inc., assumes no responsibility for any mistakes, errors, or omissions, including any unavailability of the Services or deletion or loss of any data relating to the Services, or, when necessary, your lack of authority to provide the requisite consent and authorization for Golden Poppy Inc., to provide the Services.
Limited License to Use
Subject to your compliance with these Terms, Golden Poppy Inc grants you a limited personal, non-transferable and non-exclusive right and license to use the Services and Content. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for obtaining unauthorized access to the Services and Content. You agree not to access the Services and Content by any means other than through the interfaces that are provided by GP for use in accessing the Services and Content.
To use the Services and Content, you must obtain access to the Internet, through a computer and mobile device that access web and app-based content and pay any service fees or other costs associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a tablet and modem or other access device.
Subject to your compliance with these Terms, Golden Poppy Inc., grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the APP on a mobile device and to run such copy of the APP solely for educational School use or your own personal, non-commercial purposes. Except as expressly permitted in these Terms, you may not: (a) copy, modify, or create derivative works or services or anything that is a building block of a non-functioning token based on the APP; (b) distribute, transfer, sublicense, lease, lend, or rent the APP to any third party; (c) reverse engineer, decompile, or disassemble the APP; or (d) make the functionality of the APP available to multiple users through any means, except for secure managed devices for Schools and districts. GP reserves all rights in and to the APP not expressly granted to you under these Terms.
Additional Terms for App Store Apps
If you accessed or downloaded the APP from the Apple Store then you agree to use the APP only: (a) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system); and (b) as permitted by the “Usage Rules” set forth in the App Store Terms of Service.
If you accessed or downloaded the APP from any distribution platform (like Google Play, or Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:
• These Terms are concluded between you and Golden Poppy Inc., and not with App Provider, and that, as between us and the App Provider, Golden Poppy Inc., is solely responsible for the APP.
• App Provider has no obligation to furnish any maintenance and support services with respect to the APP.
• In the event of any failure of the APP to conform to any applicable warranty, you may notify App Provider, and App Provider will refund the purchase price for the APP to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the APP. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Golden Poppy Inc.
• App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the APP or your possession and use of the APP, including but not limited to: (i) product liability claims; (ii) any claim that the APP fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Golden Poppy Inc., will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
• App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the APP, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the APP against you as a third-party beneficiary thereof.
• You must also comply with all applicable third-party terms of service when using the APP.
• You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the APP nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the APP, 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.
Content and Content Rights
For purposes of these Terms: (a) “Content” means the text, software, scripts, graphics, photos, animations, sounds, music, educational tutorials, videos, audiovisual combinations, interactive features, works of authorship of any kind, digital art, layered art, programmable art, generative art, collaborative art, anything that is a building block of a non-functioning token, andinformation or other materials that are posted, generated, provided, or otherwise made available through the Services; and (b) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
Subject to your compliance with these Terms, Golden Poppy Inc., grants you a personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, revocable license to download, view, display, and use the Content solely in connection with your permitted use of the Services.
Content Ownership
Golden Poppy Inc., does not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Golden Poppy Inc., and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. Intellectual Property” means discoveries, developments, concepts, designs, ideas, know how, modifications, improvements, derivative works, anything that is a building block of a non-functioning token, intellectual property, inventions, patentable material, copyrights, copyrightable material, trademarks, logos, pictures, graphic designs, creative works, digital art, layered art, programmable art, generative art, collaborative art, trade secrets and/or original works of authorship, whether or not patentable, copyrightable or otherwise legally protectable. This is not limited to, any new product, machine, article of manufacture, biological material, method, procedure, process, technique, use, equipment, device, apparatus, system, compound, formulation, composition of matter, design or configuration of any kind, or any improvement thereon. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights Granted by You
By submitting, posting, displaying, providing or otherwise making any User Content available through the Services, you expressly grant to Golden Poppy Inc., (and its successors’ and affiliates’) a non-exclusive, perpetual, irrevocable, non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publish, edit, translate, syndicate, create derivative works based upon, in any media formats and through any media channels, publicly display, publicly perform, and distribute all such User Content in whole or in part, and in any form, media or technology, whether now know or hereafter developed, for use in connection with operating and providing the Services and Content to you and to other Account holders. You also hereby grant each User of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Services and under this Agreement.
You are solely responsible for all your User Content that you create, transmit or display while using the Services. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Golden Poppy Inc., on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Golden Poppy Inc., may reject any submissions in which Golden Poppy Inc., believes, in its sole discretion, that the User Content is inappropriate or violates the Champion Guidelines or these Terms. Golden Poppy Inc., further reserves the right to remove any User Content from the Services at any time and without notice and for any reason.
Educational Tutorials, Assessments, and Simulations
The bundled APP and toy box suite allows Account holders to view educational tutorials, take educational assessments and experience educational simulations during gameplay. Educational tutorials, assessments, and simulations are a category of intellectual property and Golden Poppy Inc., grants you a limited, non-transferable, non-sublicensable, revocable license to use such educational tutorials, assessments, and simulations in conjunction with your educational or personal, noncommercial use of the Services. Educational tutorials, assessments, and simulations can never be sold, transferred, or exchanged for Virtual Money, Virtual Goods, or “real” services, or any other compensation or consideration from us.
You also agree that you will only obtain educational tutorials, assessments, and simulations from other Account holders like Schools and through means provided by us, and not from or through any third-party platform, exchange, broker, or other mechanism, unless expressly authorized. We may cancel any educational tutorials, assessments, or simulations sold, transferred, or exchanged in violation of these Terms. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your Account. As set forth below, all educational tutorials, assessments, animations and simulations and other Content are provided “as is,” without any warranty.
Trading
The APP allows Account holders to trade real-world items, including but not limited to Unicorn Blue characters (“Trading Items”) during gameplay. Trading Items are a category of intellectual property and Golden Poppy Inc., grants you a limited, non-transferable, non-sublicensable, revocable license to use such Trading Items in conjunction with your personal, noncommercial use of the Services. Trading Items may be traded with other Account holders for other Trading Items, but Trading Items can never be sold, transferred, or exchanged for Virtual Money, Virtual Goods, or “real” services, or any other compensation or consideration from us.
You also agree that you will only obtain Trading Items from other Account holders and through means provided by us, and not from or through any third-party platform, exchange, broker, or other mechanism, unless expressly authorized. We may cancel any Trading Items sold, transferred, or exchanged in violation of these Terms. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your Account. As set forth below, all Trading Items and other Content are provided “as is,” without any warranty.
Tokens and Goods
The APP permits the purchase of virtual currency (“Tokens”) and use of those Tokens to purchase virtual or physical items or services that we expressly make available for use with the APP (“Goods”). The purchase of Tokens or Goods is limited to Account holders who are either (a) 18 years of age or older; or (b) under the age of 18 and have the consent of a Parent to make the purchase. Parents of children under the age of 18 can consult the iOS or Google Play settings for their APP to restrict in-App purchases but should also monitor their children’s Accounts for unexpected activity, including the purchase of Tokens and Goods.
Purchases of Tokens or Goods
Tokens are a category of Content, so the purchase of Tokens grants you only a limited, non-transferable, non-sublicensable, revocable license to use such Tokens to access and purchase Goods in conjunction with your personal, noncommercial use of the Services. You acknowledge that any balance of Virtual Goods or Tokens does not reflect any stored value. You agree that Tokens and Virtual Goods have no monetary value and do not constitute actual currency or property of any type. Tokens may be redeemed only for GP Goods and can never be sold, transferred, or exchanged for other services from us or anyone else. You also agree that you will only obtain Tokens and/or Goods from us and through means provided by us, and not from any third-party platform, exchange, broker, or other mechanism, unless expressly authorized. Once you acquire a license to Tokens or Goods, you may not transfer them to another individual or account, unless such functionality is provided to you by us by way of a feature or service, whether inside the APP or through some other method (e.g., our website). We may cancel any Token or Goods sold, transferred, or exchanged in violation of these Terms. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your Account.
During the term of your license to your Tokens, you have the right to redeem your Tokens for selected GP Goods. If you are the Parent and you are accepting these Terms on behalf of your child, you accept and acknowledge that your child has your consent to exercise this right independently. Pricing and availability of Tokens and Goods are subject to change without notice. We reserve the right at any time to change and update our pricing and inventory of Tokens and Goods. As set forth below, all Tokens and Goods and other services are provided “as is,” without any warranty. You agree that all sales by us to you of Tokens and Goods are final and that we will not permit exchanges or refunds for any unused Tokens or Goods once the transaction has been made.
Effect of Termination on Trading Items, Virtual Money, and Virtual Goods
We may cancel, suspend, or terminate your Account and your access to your Tokens, Goods or Services, in our sole discretion and without prior notice, including if (a) your Account is inactive (i.e., not used or logged into) for one year; (b) you fail to comply with these Terms; (c) we suspect fraud or misuse; (d) we suspect any other unlawful activity associated with your Account; or (e) we are acting to protect the Services, our systems, the APP, any of our users, or the reputation of Golden Poppy Inc. We have no obligation or responsibility to, and will not reimburse or refund, you for any Tokens or Goods lost due to such cancellation, suspension, or termination. You acknowledge that GP is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Tokens or Goods when your Account is closed, whether such closure was voluntary or involuntary.
We have the right to offer, modify, eliminate, and/or terminate Tokens, Goods and/or the Services, or any portion thereof, at any time, without notice or liability to you. If we discontinue the use of Tokens or Goods, we will provide advance notice to you by posting a notice on the Site, APP or through other communications.
Conduct, General Prohibitions, and Golden Poppy Inc.’s, Enforcement Rights
You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. Please refer to our Champion Guidelines (https://goldenpoppy.net) for information about the kinds of conduct and User Content that are prohibited while using the Services. By way of example, and not as a limitation, you agree that when using the Services and Content, you will not:
● defame, abuse, harass, harm, stalk, threaten, or otherwise violate the legal rights (including the rights of privacy and publicity) of others;
● upload, post, email, transmit, or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading, or deceptive Content or message;
● promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group;
● trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be;
● violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
● upload, post, or otherwise make available commercial messages or advertisements, pyramid schemes, or other disruptive notices;
● impersonate or misrepresent your affiliation with another person or entity;
● promote or provide instructional information about illegal or harmful activities or substances;
● promote or engage in physical harm, violence, or injury against any group or individual;
● transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
● submit fake, falsified, misleading, or inappropriate data submissions, edits, or removals;
● post, upload, publish, submit, or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
● use, display, mirror, or frame the Services or any individual element within the Services, Golden Poppy Inc.’s name, any GP trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without GP’s express written consent;
● access, tamper with, or use non-public areas of the Services, GP’s computer systems, or the technical delivery systems of GP’s providers;
● attempt to probe, scan, or test the vulnerability of any GP system or network or breach any security or authentication measures;
● avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by GP or any of GP’s providers or any other third party (including another user) to protect the Services or Content;
● attempt to access or search the Services or Content, or download Content from the Services through the use of any technology or means other than those provided by GP or other generally available third-party web browsers (including, without limitation, automation software, bots, spiders, crawlers, data-mining tools, or hacks, tools, agents, engines, or devices of any kind);
● extract, scrape, index, copy, or mirror the Services or Content or portions thereof (including but not limited to any information about users or gameplay);
● use any meta tags or other hidden text or metadata utilizing a Golden Poppy, Inc., trademark, logo, URL, or product name without GP’s express written consent;
● forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-¬identifying information;
● attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
● interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail¬-bombing the Services;
● take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Services or GP’s infrastructure;
● delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
● use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms, including but not limited to (a) gathering in in-app items or resources for sale outside the APP, (b) performing services in the APP in exchange for payment outside the APP, or (c) sell, resell, rent, or lease the APP or your Account;
● collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
● violate any applicable law or regulation; or
● encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Feedback
We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected]. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully¬ paid, royalty -free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
Modification or Termination of Services
Golden Poppy Inc., reserves the right at any time and from time to time to modify or temporarily discontinue the Services (or any part thereof) with or without notice. You agree that GP shall not be liable to you or to any third party for any modification, suspension or temporary discontinuance of the Services. In the event of permanent discontinuance of the Services, GP's liability is limited to the School’s paid subscription price, pro-rated to the amount of time remaining on the subscription.
You agree that GP, in its sole discretion, may suspend or terminate your password, account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if GP believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Service under any provision of this Agreement may be implemented without prior notice, and you acknowledge and agree that GP may immediately deactivate or delete your account and all data relating to your account and/or bar any further access to the Services. Further, you agree that GP shall not be liable to you or any third party for any termination of your access to the Services.
Links to Third Party Websites or Resources
The Services and APP may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites, or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Proprietary Rights
You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by GP, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part. Any automated scraping, harvesting, indexing, mining, or any other extraction of any Content from the Services are expressly prohibited.
DMCA/Copyright Policy
The Services are protected by copyright and other laws in both the United States and elsewhere. Under the terms of this Agreement, it is expressly forbidden to distribute or reproduce the Content of the Services or any portion thereof by any means, including but not limited to electronic and print. GP reserves the right to cancel your account without refund if it is determined that you have violated this section of the Agreement.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE APP AND SERVICES ARE AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, GOLDEN POPPY INC., EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
2. GOLDEN POPPY INC., MAKES NO WARRANTY OR CONDITION THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINE FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHSED OR OBTAINE BY YOU THROUGH THE SERIVCES WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINE THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOLDEN POPPY INC., OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARANTY OR CONDITION NOT EXPRESSLY STATED IN THE AGREEMENT.
5. YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATED OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT GOLDEN POPPY INC., DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. GOLDEN POPPY INC., MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Indemnity
You will indemnify and hold harmless Golden Poppy Inc., and its respective officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services or Content, (b) your User Content, or (c) your violation of these Terms.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GOLDEN POPPY INC., OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GOLDEN POPPY INC., HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT WILL THE TOTAL LIABILITY OF GOLDEN POPPY INC., ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GOLDEN POPPY INC., AND YOU.
Trademark Information
Golden Poppy Inc., Unicorn Blue and Mysterious Disappearance are registered trademarks of Golden Poppy Inc. You agree not to use any GP trademarks without the express advance written permission of GP.
Dispute Resolution
Governing Law
The formation, performance, construction, validity, enforceability, and any action related thereto of these Terms of Service shall be governed by federal laws and the laws of the State of Delaware.
The Arbitration Agreement set forth below, is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. For avoidance of doubt, the State Specific provisions of Delaware, shall also govern where applicable. This Agreement is a contract for the provision of services and not a contract for the sale of goods. The provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), or any substantially similar legislation as may be enacted, shall not apply to this Agreement. If you are located outside of the territory of the United States, the parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not govern this Agreement or the rights and obligations of the parties under this Agreement. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California, USA, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction, including to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm.
READ THIS ARBITRATION AGREEMENT CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM GOLDEN POPPY INC.,
Agreement to Arbitrate
A. Except as set out in sub-paragraph B, below, you and Golden Poppy Inc., agree to resolve any claim, counter or cross claim, issue, dispute, or controversy arising out of or relating to the Terms of Service, or the breach, alleged breach, termination, enforcement, interpretation, or validity thereof (collectively, "Claims") of the Services or Content, by binding arbitration administered by JAMS under its Optional Expedited Arbitration Procedures then in effect for JAMS. The contact information for JAMS, and a link to the applicable JAMS rules, may be found at www.jamsadr.com. Without limiting the generality of the foregoing, the term Claims includes any Claim arising out of or relating to your use of the Services or Content as defined in the Terms of Service or use of any of the following (i) www.goldenpoppy.net, (ii) mobile applications associated with www.goldenpoppy.net, and (iii) any other Golden Poppy Inc., website, APP or online service which links to these Terms of Service. The term Claims also includes any Claims arising out of or relating to the enforceability of this Arbitration Agreement including Claims of fraud, duress, unconscionability, or violation of public policy. All Claims as defined by this paragraph are expressly delegated to the arbitrator and all such Claims are subject to arbitration.
Notwithstanding the foregoing, you or Golden Poppy Inc., may file Claims in small claims court, so long as the Claims remain in such court and advance only as to individual (i.e., non-class and/or non-representative) claims for relief. If Claims filed in small claims court advance into a purported class or representative action either party may require the litigation to be stayed for such Claims to be arbitrated on an individual basis.
B. The following "Excluded Claims" are not covered by or subject to arbitration pursuant to this Arbitration Agreement and shall be decided by a court and not the arbitrator: (1) Claims filed by Golden Poppy Inc., to prevent or enjoin the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights (the action described as IP Protection Action and the exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the State of Delaware and each of the parties hereto waives any objection to jurisdiction and venue in such courts); (2) Claims that you have failed to satisfy the requirement to engage in good faith resolution prior to filing a demand for arbitration (as set out in sub-paragraph C); (3) a request for a public injunctive relief remedy, which shall be determined in court in accordance with sub-paragraph H; (4) any Claim brought as part of a Mass Arbitration, which shall be determined in accordance with sub-paragraph I; (5) Claims for temporary or provisional remedies to preserve the status quo pending the appointment of an arbitrator; (6) disputes regarding the characterization of a Claim as excluded or not under this definition of Excluded Claims.
C. As part of this Arbitration Agreement, you agree to make a good faith effort to resolve any Claim informally prior to initiating a formal arbitration proceeding (by filing a demand for arbitration). Before filing a demand for arbitration, you must send a notice to the other party that describes the Claim. The notice must include your name and contact information (address, telephone number, and email address) and a detailed description of (1) the nature and basis of the Claim and (2) the nature and basis of the relief sought, with a detailed calculation of the amount of any monetary Claim. Your notice shall be sent by mail to Legal Department, Golden Poppy, Inc., 171 Main St #612, Los Altos, CA 94022, USA, or by email to:[email protected]. You must personally sign the notice. If requested by Golden Poppy Inc., you must personally participate in a telephone settlement conference. If you are represented by counsel, counsel may also participate to discuss the Claim, but the discussion must be conducted solely with respect to your individual Claim. If the Claim is not resolved within sixty (60) days after receipt of the notice (which period can be extended by agreement of you and us), you or GP may commence an arbitration proceeding under the terms set forth below. Compliance with and completing this informal dispute resolution process on an individualized basis is a condition precedent to filing a demand for arbitration. The statute of limitations shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, that issue must be decided by a court at either party's election; any arbitration proceeding (including any obligations to pay further fees) shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin or stay the filing or prosecution of a demand for arbitration or litigation in breach of this Arbitration Agreement.
D. After completing good faith negotiation in accordance with sub-paragraph C, you or Golden Poppy Inc., may demand arbitration in accordance with this Arbitration Agreement and the applicable JAMS rules. If there is any reason that an arbitrator cannot be selected or cannot serve, or if JAMS is unavailable or declines to serve as an arbitration administrator under this Arbitration Agreement, you and Golden Poppy Inc., agree that an arbitration administrator or arbitrator will be selected by agreement of the parties or by a court. You agree the arbitration will be conducted in Santa Clara County, California, USA, unless you and Golden Poppy Inc., agree otherwise. You agree each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses.
E. The Terms of Service evidence a transaction in interstate commerce. Accordingly, this Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA"). The arbitrator will decide the Claim or Claims in accordance with applicable substantive law including federal law. Where a dispute as to the applicable substantive law is raised as an issue, the arbitrator shall determine the applicable substantive law notwithstanding any other provision of the Terms of Service.
F. You and Golden Poppy Inc., agree that, by agreeing to arbitrate, the parties are each waiving the right to a trial by jury or a trial before a judge in court. You and Golden Poppy Inc., acknowledge that arbitration will limit your and our legal rights, including the right to participate in a class action, the right to a jury trial, the right to conduct full discovery, and the right to appeal in court.
G. You and Golden Poppy Inc., agree that in arbitration each may bring Claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, attorney general, representative, or via a Mass Arbitration filing as defined below. Further, unless mutually agreed to by you and us, the Claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration. The arbitrator shall have no authority to conduct any class action, Mass Arbitration, private attorney general or other representative proceeding.
H. Neither you nor Golden Poppy Inc., will have the right to seek public injunctive relief in arbitration as a remedy for any Claim against one another (a "Public Injunctive Relief Request"). Accordingly, the arbitrator may not issue injunctive relief beyond that necessary to remedy your own alleged injury or to prevent future injury to you alone. Under no circumstances may an arbitrator award public injunctive relief. Instead, you and Golden Poppy Inc., agree that a request for a Public Injunctive Relief remedy may be litigated in court, but adjudication of that request (and any opposition to it) in court will be stayed until all arbitrable Claims have been resolved in arbitration. For avoidance of doubt, the validity, enforceability, and effect of this sub-paragraph shall be determined exclusively by a court, and not in arbitration.
I. Mass Arbitration Waiver. As used in this Mass Arbitration Waiver, "Mass Arbitration(s)" means and refers to when (1) 250 or more demands for arbitration asserting the same or similar Claims as asserted by you are (2) made against us and/or sought to be compelled to arbitration against us during any rolling 180-day period, and (3) representation for the claimants (including you) to such demands for arbitration is consistent or coordinated by one or more affiliated, coordinated or associated lawyers or law firms. It is acknowledged, understood and agreed that under this Arbitration Agreement between you and us, there is not and has never been any intent, agreement or expectation of the parties to allow the prosecution of Mass Arbitrations, which are not permitted. In the event that Golden Poppy Inc., reasonably believes that there are Mass Arbitrations being asserted, Golden Poppy Inc., may give written notice of such to you and the arbitrator (if appointed) in each of the arbitrations at issue and, upon giving such notice, Golden Poppy Inc., shall not have any further obligation to arbitrate those arbitrations, or pay arbitration fees, and they shall be automatically stayed, pending a motion by you or us seeking a determination in a court of competent jurisdiction that your Claims are or are not part of a Mass Arbitration. Should a court of competent jurisdiction hold that your case is not part of a Mass Arbitration, then the stay of arbitration shall be lifted and all fees otherwise due shall be payable. In contrast, if a court determines that the any arbitration demand made or sought to be compelled by you under this Arbitration Agreement is part of a Mass Arbitration, then Golden Poppy will not be required to arbitrate the Claims, and you will then be free to bring your Claims in a court.
In the event your arbitration demand is alleged by us to be part of a Mass Arbitration that must be pursued in court, Golden Poppy Inc., will not assert the statute of limitations or laches or other similar defense to your Claims if (a) a demand for arbitration was timely made by you with respect to the Claim before the expiration of any applicable limitations period and (b) you file your complaint asserting that Claim in court within the longer of the following timeframes: (i) the time remaining on the otherwise applicable limitations period, (ii) six months from the date appearing on our notice alleging that your Claim is part of a Mass Arbitration, or (iii) six months from the date that a court finally determines that your claim is part of a Mass Arbitration.
For avoidance of doubt, nothing in this sub-paragraph shall preclude JAMS from applying its reduced/graduated fee schedules for mass filings as defined under its Mass Arbitration Procedures and Guidelines.
J. The arbitrator is authorized to award remedies that would be available on an individual basis if the action were heard in a court. The arbitrator shall have the power to provide provisional remedies or interim measures to protect the effectiveness of the arbitration proceeding pending entry of the final arbitral award. The arbitrator shall also have the power to issues orders, or partial or preliminary awards (including orders ancillary to the conduct of the arbitration such as enforcement of scheduling and discovery orders and sanctioning non-compliance with his or her orders). The arbitrator may give and take such oaths as required by law, which shall be administered by a person authorized by law to give oaths. Either party may request that the arbitrator issue a reasoned written decision sufficient to comply with applicable law and explain the essential findings and conclusions on which the award is based. The arbitrator's award shall be final and binding, and you or Golden Poppy Inc., may seek to have the award vacated or confirmed and entered as a judgment in any court of competent jurisdiction.
K. Notwithstanding any provision of this Arbitration Agreement, if any provision of this Arbitration Agreement is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this Arbitration Agreement. However, if a court holds that the class action waiver set forth in sub-paragraph F is unenforceable, or an arbitrator conducts a class action or mass arbitration in arbitration, or enters an injunction that goes beyond providing a remedy for your own individual injury, and such holdings or actions are finally upheld on appeal, then this entire Arbitration Agreement shall be deemed void and unenforceable with respect to any class action or mass arbitration actually conducted in arbitration and no arbitral award entered purporting to certify a class in arbitration, or awarding relief on a class-wide basis or mass arbitration basis, or providing injunctive relief beyond that necessary to remedy your own individual injury, shall be valid, enforced or confirmed.
Changes
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Golden Poppy Inc., changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Golden Poppy Inc., in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
General Terms
These Terms and any action related thereto will be governed by the laws of the State of Delaware. These Terms constitute the entire and exclusive understanding and agreement between Golden Poppy Inc., and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Golden Poppy Inc., and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by a court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Golden Poppy Inc.’s, prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. Golden Poppy Inc., may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Golden Poppy Inc., under these Terms, including those regarding modifications to these Terms, will be given: (a) via email, or (b) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Golden Poppy Inc.’s, failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Golden Poppy Inc. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information
If you have any questions about these Terms or the Services, please contact Golden Poppy Inc., at [email protected] or 171 Main Street #612, Los Altos, CA 94022.
TERMS OF SERVICE
Last Update: May 31, 2026
Welcome to the Unicorn Blue online services, which are accessible via the Golden Poppy Inc., (GP) mobile device application (APP). To make the GP Terms of Service (Terms) easier to read, our APP, educational tutorials (Tutorials), assessments (Assessments), analytics (Analytics), reports (Reports), and website located at http://goldenpoppy.net (Site) are collectively called the “Services”. Please read carefully these terms and our Champion/Player Guidelines, Online Safety Guidelines and our Privacy Policy because they govern your use of our services.
Agreement to Terms
By using our Services, all visitors, users, and others who access, purchase, or otherwise use the Services (“you” or “Users”) are agreeing to these Terms, our Champion Guidelines, Online Safety Guidelines, and our Privacy Policy. When our Services are used by an educational agency or institution, including but not limited to a school, school district, school official, teacher or other school or district representative or other provider of educational services (collectively referred to as "Schools"), then "you" includes teachers and other School personnel and administrators who access the Services on the School's behalf, students who use the Services under the supervision of that School, and parents and legal guardians of those Students. As the parent or legal guardian of a child under the age of 13
(Parent) you are agreeing to these Terms on behalf of yourself and your child(ren) who are authorized to use the Services pursuant to these Terms and our Privacy Policy. If you don’t agree to these Terms, our Champion Guideline, Online Safety Guidelines and our Privacy Policy, you may not use the Services.
Changes to Terms or Services
We may modify these Terms at any time. If we do so, we’ll let you know either by posting the modified Terms on the Site or APP or through other communications. It’s important that you review the Terms whenever we modify them, because if you continue to use the Services after we have posted modified Terms on the Site or APP, or otherwise communicate them to you, you are indicating to us that you agree to be bound by the modified Terms. These Terms of Use and any additional terms which make reference to these Terms of Use and are incorporated herein and any other contractual terms (including without limitation contracts with School) are collectively referred to herein as the "Agreement".
By accessing or using the Services, you signify that you have read, understood, and agree to be bound by the Agreement, and to the collection, processing and sharing of your information as set forth in our Privacy Policy whether or not you are a registered user of our Services. If you don’t agree to be bound by the modified Terms, then you may not use the Services. Because our Services evolve over time, we may change or discontinue all or any part of the Services at any time and without notice.
If you breach these Terms we may take action against you, including but not limited to terminating your account. You acknowledge that GP has no obligation to, and will not, reimburse or refund you for Services lost due to involuntary suspension or termination of your account.
ARBITRATION NOTICE: THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARABITRATION AND CLASS ACTION WAIVER PROVISION THAT REQUIRES YOU TO AGREE THAT DISPUTES BETWEEN YOU AND GOLDEN POPPY INC., WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Privacy
Please refer to our Privacy Policy (http://www.goldenpopy.net) for information on how we collect, use, and disclose information from our users.
A note about Anonymized Student Data: GP Services may be purchased by Schools for educational purposes. When GP contracts with a School to provide Services to Students on behalf of the School, we may collect or have access to Anonymized Student Data (defined below), which may be provided by the School or by the student. We consider Anonymized Student Data to be strictly confidential and in general do not use such data for any purpose other than improving and providing our Services to the School or on the school's behalf. Our collection, processing and sharing of Anonymized Student Data is governed by this Agreement and any applicable laws and regulations including, in the U.S., provisions of the Family Educational Rights and Privacy Act ("FERPA"), the Children's Online Privacy Protection Act ("COPPA").
Eligibility and Authority
GP does not sell Services to children, but only to adults who can purchase the Services with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Services only with the involvement and consent of a parent, legal guardian, or at the direction of your School. Your School may impose additional policies regarding the use of the Services, with which you must comply.
If you open a GP account to provide the Services to students in a School, then (i) "you" includes you and that School, and (ii) you represent and warrant that you are an authorized representative of the School with the authority to bind the School to this Agreement, and that you agree to this Agreement on the School's behalf.
If you open a GP account to provide the Services to a minor child outside of an educational setting, then: (i) you represent that you are the parent or legal guardian of the minor child, or, to the extent permitted by law, you have the appropriate authority to provide consent for the minor child to use the Service, and (ii) you accept this Agreement on behalf of the minor child and that you are responsible for the child's activity on the Services.
If you contact GP to take any action with respect to an account, you represent and warrant that you have all necessary authority to request such action(s) from or on behalf of the account-holder (e.g., a School or Parent).
General Account Information
GP sells access to the Services to a school or district in the form of an account. The account is provided for a term and price subject to certain renewal, cancellation, and other terms and conditions specific to the account (the "Account Terms"). The Account Terms are identified (in order of precedence) in the then-current quote or sales contract for the account, the selections made and account-specific terms disclosed when signing up for the account (which may be confirmed by e-mail), the description of account terms accessible through the GP website when signed in to an appropriate user associated with the account and the default Account Terms set forth below. Each account may have Account Terms in addition to or different from those as set forth in this Agreement, but only to the extent set forth in a signed writing by the account subscriber and an officer of GP.
Outside an educational institutional setting, GP sells access to certain Services to parents in the form of in-app purchases after making an account, accepting the terms of service, downloading the APP and authenticating with GP Services. The Account Terms are identified and disclosed when signing up for the account through the GP website.
GP provides a variety of "account types" which may apply depending on the user and the way an GP account is created. Each account type has a default set of Account Terms which apply unless superseded as set forth above. GP reserves the right to provision accounts that do not belong to any of these default account types and/or to provision accounts with different Account Terms regardless of its account type.
Account Types:
Family Account — A Family account is purchased by or for a Parent. Family accounts are generally available for download through the GP website. Certain GP in-app Services are purchased through a third-party app store using a credit card. A family account can be used by a Parent's child at the Parent's direction.
Site Account — A site account is purchased by or on behalf of a school or school district. Site accounts may be purchased by e-mail through invoice of a sales contract. A site account is based on per student licenses and a set maximum number of student users (which may vary depending on the purchase). Full site quote may vary depending on customization and support options. A site account may be for a term of one year or longer. The term is disclosed at the time of purchase. Site accounts do not automatically renew. Action must be taken by the school or its authorized representative (e.g., school administrator) to renew and continue using a site account past the end of the term. A site account is a type of school account. More information relating to school accounts may be found in School Accounts and Student Data below.
Quotes and Proposals: Any quotes or proposals provided by GP are valid only for a limited time and are effective only with the agreement of the relevant parties. Quotes and proposals may be withdrawn by GP at any time in its sole discretion. Quotes and proposals may include information that is proprietary and confidential to GP and to the maximum extent permitted by law may not be disclosed to anyone other than their intended recipient. By requesting and/or accepting receipt of a quote or proposal from GP you agree to keep such quotes or proposals confidential, to not disclose such quotes or proposals to any third party, and to immediately return and/or destroy all quote and proposal materials upon receiving a request to do so from GP. To the extent that public records laws may apply to a quote or proposal provided by GP, you agree to immediately notify GP of any public records request that may result in disclosure of an GP quote or proposal and provide GP all reasonable opportunities to take steps to prevent such disclosure to the maximum extent permitted by law and will reasonably cooperate with GP.
Payments: School accounts have the option to make payment by credit card, check, or other methods at GP's discretion (contact us for details). Payment must be received by GP no later than 30 days after GP issues an invoice. If GP does not receive payment within 30 days, the invoice is past due and GP reserves the right to suspend access to the affected school account(s) and take collection action. Suspension of an account does not relieve the account-holder of its obligation to pay for the account. GP reserves the right to charge a late fee in the amount of 1% per month or the maximum permitted by law and its reasonable attorney's fees in securing payment of past due amounts.
Cancellation: Except as set forth below or otherwise agreed by GP in a signed writing, accounts may not be canceled until the end of the current term of the account. Unless otherwise provided for herein, all cancellations requested before the end of the then-current term will be effective at the end of the current term.
GP permits early cancellations only in the following circumstances:
- In the event that the Service is permanently discontinued.
- GP otherwise permits early cancellations only to the extent required by applicable law. In the event of such an early cancellation, the parties agree that the account-holder is responsible for all amounts due and payable before the date of early cancellation without pro-ration or to the greatest extent permitted by law. The parties agree that GP's efforts in selling, provisioning and providing an account are front-loaded and for that reason, pro-ration of fees in the event of early cancellation is not necessary or appropriate.
End of Subscription: When an account subscription ends (e.g., at the end of the term if the account has not been renewed or has been canceled), the account no longer permits access to the Services. However, GP may, at its sole discretion, permit continued, limited access for users of the Account for a limited time after the conclusion of the term. The Services includes capabilities to download and export information relating to the account. If an account-holder or any of its users wishes to save or maintain any data or User Content, it is the account-holder and its user's sole obligation to request download of such data before the conclusion of the term. Once the term of an account ends, GP may delete data relating to an account in accordance with this Agreement and the Privacy Policy. It is the account-holder's sole responsibility to request renewal of accounts that do not automatically renew to maintain continued access to the account and its associated data.
Account Registration Obligations
If you want to use certain features of the Services, you will have to create an account (Account) with us. You will also need access to an iOS or Android device and an internet connection. We do not support rooted or jailbroken devices. You can create an account by visiting https://goldenpoppy.net Unicorn Blue Champion Club (UBC) account creation page. GP uses this information such as your email address to ensure the quality of our Services running on our third-party platforms are functioning on the devices that they are running on. We also use this information for order processing and fulfillment. In consideration of your use of the Services, you agree to provide us with accurate, complete, and up-to-date information for your Account, and you agree to update such information as needed, to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your GP Services. You agree that you won’t disclose your Account password to any one and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them. Where parental consent is required, GP recommends that Parents monitor the Child’s online activity and use of the Services.
Registration by Children
We comply with the Children’s Online Privacy Protection Act (COPPA) through the verification and consent process handled by UBC. The Parent of each child under the age of 13 must register with GP before using the Services. GP requires the Parent to verify that he or she is the Parent of the child and to consent to the creation of an Account with us for the child. Upon receipt of both parental verification and consent, GP will enable the Parent to create an Account with us for the child. Parent will be asked to provide Parent name, Parent email, child name, child/device email (if different from parent email/device) full billing address and zip code (tax) shipping address (if different from billing) and CVC credit card number.
Parents of children under the age of 13 understand and agree that GP may provide information submitted to GP or collected via the Services, to third parties who use such information for the sole purpose of administering or providing Services (e.g., third-party security monitoring services and web-hosting companies). Please see our Privacy Policy, available at http:/www.goldenpoppy.net for more information on how we collect, use, and disclose information from our users.
If a Parent does not consent to a child’s access or use the Services or is not verified through the consent process, GP will bar that child’s registration for an Account, prevent the child’s access to and use of the Services, and ensure that such child’s information is not accessible through the Services. If a Parent has consented to a child’s access to and use of the Services but wishes to rescind such consent, the Parent should email us at [email protected] to submit the request. We will discontinue that child’s access to and use of the Services and ensure that such child’s information is no longer accessible through the Services. Upon termination of any Services or your Account, the following provisions of these Terms will survive: Content Ownership, Rights Granted by You, Disclaimer of Warranties, Indemnity, Limitation of Liability, Dispute Resolution, General Terms and this sentence on Termination.
Purchases made through the Services are limited to Account holders who either (a) are the age needed to consent to a contract in their country of residence; or (b) if younger, have the consent of a Parent to use the Services. Parents can consult the iOS or Google Play settings for the APP to restrict in-App purchases by a Child, and should also monitor activity in their Child’s Account, including the purchase of Tokens or Goods.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, GOLDEN POPPY, INC. DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT. IF YOU ARE A PARENT AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR ONE OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.
SCHOOL ACCOUNTS AND STUDENT DATA
This Section applies to a School's use of the GP Services. When GP is used by a School for an educational purpose, GP collects, analyzes and makes recommendations based on student responses to GP Content that is provided by the School to students. While using GP Services, Schools provide GP anonymized student ID’s. GP Services, authenticate and encrypt student responses during processing with third party providers such as Google. Schools maintain "Student Data", personal information that is directly related to an identifiable student and, in the U.S., may include "educational records" as defined by the Family Educational Rights and Privacy Act ("FERPA").
The School or the student, and not GP, owns and controls the Student Data. You authorize GP to access, collect, transmit, modify, display and store Anonymized Student Data to provide the Services and as described in this Agreement and in our Privacy Policy.
The U.S. Children's Online Privacy and Protection Act ("COPPA") requires that online service providers obtain verifiable parental consent before collecting personal information from children under 13. When GP collects and uses children's anonymized information at the direction of and under the control of a School, we rely on the School to provide the requisite consent and authorization, as permitted by COPPA. If you are a School providing the Services to children under 13, you represent and warrant that you have the authority to provide consent and authorization for GP to collect and use anonymized information from students under 13 before allowing such students to access our Services. We recommend that all Schools provide appropriate disclosures to students and parents regarding their use of service providers such as GP and that they provide a copy of our Privacy Policy.
Compliance with Laws. In the U.S., GP may collect and process Student Data as a School Official with a legitimate educational interest pursuant to the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. § 1232(g). Individually and collectively, we and our School Users agree to uphold our obligations under FERPA, COPPA, the Protection of Pupil Rights Amendment ("PPRA"), applicable State laws relating to student data privacy, and with all other laws and regulations governing the protection of Student Data.
Student Data may be considered "sensitive" under certain applicable United States ("U.S.") state privacy laws, or in some cases, Student Data may contain, contain information (e.g., gender, race, ethnicity) that is considered to be "sensitive." To the extent that US state privacy laws apply to Schools' use of GP for educational purposes, GP collects, processes and shares Anonymized Student Data as a processor and the School is the controller of such data. To the extent that consent is required to process anonymized sensitive personal data under applicable US state privacy laws, GP obtains consent in a manner consistent with COPPA and GP does not collect, sell, nor use Student Data for targeted advertising.
For School customers outside the U.S., GP serves as a processor for Anonymized Student Data. To the extent required for the lawful processing of personal data under applicable data protection laws, it is your sole responsibility to provide appropriate notice and obtain valid consents for GP's processing purpose before allowing minor students to use the Services.
Use of De-Identified or Anonymized Student Data. By submitting, providing us access to, or causing us to receive Anonymized Student Data, you agree that GP may use it for the purposes of (i) providing the Services, (ii) improving and developing our Services, (iii) enforcing our rights under these Terms, and (iv) as permitted with the School's or the User's consent. You agree that both before and after the term of the Agreement, GP may collect, analyze, use, and retain data derived from anonymized student responses as well as data about users' access and use of the Services, for the purpose of operating, analyzing, improving or marketing the Services, developing new products or services, conducting research or other purposes, provided that GP may not share or publicly disclose information unless such data is de-identified and/or anonymized such that it cannot reasonably identify a specific individual.
Use of Personal Information for Marketing. You agree that GP may provide customized content, advertising, and commercial messaging to school, teacher or district administrative users and other non-student users from time to time, provided that such advertisements are based on Anonymized Student Data.
Disclosure of Anonymized Student Data and Third-Party Service Providers. You acknowledge and agree that GP may provide access to Anonymized Student Data to our employees and service providers which have a legitimate need to access such information to provide their services to us. We and our employees, service providers, or agents involved in the handling, transmittal, and processing of Anonymized Student Data will be required to maintain the confidentiality of such data. GP shall not share Anonymized Student Data with third parties other than as described in this Agreement and in the GP Privacy Policy, or otherwise with the consent, or at the direction, of the School or parent. GP may share Anonymized Student Data with third parties through the Services as directed by a School or School administrative user with authority over Student Data, which includes sharing Anonymized Student Data with other School users who are authorized to access messages and Content sent through the Services.
Student Data Access and Deletion Requests. A parent or student over the age of 18 seeking to access, modify, correct, or delete personal information in a student account that is connected to a School account will be instructed to contact the School to discuss data deletion or modification. We are not required to delete data that has been de-identified and/or anonymized such that it cannot reasonably be used to identify a specific individual. We will also not delete any data we are required or permitted to retain by law.
MEMBERSHIP AND BILLING FOR ACCOUNTS WITH AUTOMATIC RENEWAL
This Section applies to accounts that have been created through the Services using a credit card and automatically renew. You can contact GP at any time with any questions regarding your specific membership details by contacting us at [email protected].
MEMBERSHIP SUBSCRIPTION RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EACH SUBSCRIPTION PERIOD (MONTHLY OR YEARLY), UNTIL YOU CANCEL.
By starting your GP membership, you are expressly agreeing that we are authorized to charge you the membership fee associated with the term of your membership (e.g., monthly or yearly) you chose during registration. Thereafter, we will automatically renew your subscription on each (monthly or yearly) anniversary of your subscription date, and we will charge your then-current payment method (or to a different payment method if you change your account information) associated with your account with the applicable then-current fee and any sales or similar taxes that may be imposed. Please note that prices and charges are subject to change with notice. As used in this Agreement, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method.
You acknowledge that the amount billed each billing period may vary for reasons that include differing amounts due to changes in your membership plan, and you authorize us to charge your Payment Method for such varying amounts. We may change the fees and charges in effect or add new fees and charges from time to time, but we will give you advance notice of these changes. If you want to use a different Payment Method, you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
You must cancel your membership before it renews each billing period to avoid billing of the next membership fee to your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month or year thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment.
Note: In the event your monthly membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31, your Payment Method would next be billed on February 28.
Cancellation of Automatic Renewals. You may cancel your GP membership at any time, and cancellation will be effective immediately. You will continue to have access to the program until the current billing period ends. We do not provide refunds or credits for any partially used membership periods. You may cancel your membership by contacting us at [email protected]
Price Changes. We reserve the right to adjust the pricing for our Services, including but not limited to membership subscription plans, in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes will take effect following posting or other notice to you (e.g., e-mail).
Account Password and Security
You will have a password upon completing the Services registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify GP of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GP cannot and will not be liable for any unauthorized access to your account or data that arises from your acts or omissions. GP accounts may not be shared by more than one person or organization unless express authorization is given by Golden Poppy, Inc. To report security concerns involving our products, please contact our Customer Support team at [email protected] . Include as much detail as possible, including the nature of the incident, any affected systems or data, and the steps taken leading up to the incident. Our Security team will investigate the matter promptly and take appropriate action to address any security concerns. Thank you for your cooperation in helping us maintain a secure environment for our users.
Account Suspension or Termination
We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms; (b) we suspect fraud, cheating, or misuse by you of Content or Services; or (c) we suspect any other unlawful activity associated with your Account.
Safe Play
During game play, please be aware of your surroundings and play safely. You agree that your use of the APP and play of the game is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Services. You also agree not to use the APP to violate any applicable law, rule, or regulation (including but not limited to the laws of trespass) or the Champion Guidelines, and you agree not to encourage or enable any other individual to violate any applicable law, rule, or regulation or the Champion Guidelines. Without limiting the foregoing, you agree that in conjunction with your use of the APP you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. To the extent permitted by applicable law, Golden Poppy Inc., disclaims all liability related to any property damage, personal injury, or death that may occur during your use of our Services, including any claims based on the violation of any applicable law, rule, or regulation or your alleged negligence or other tort liability. Further, in the event that you have a dispute with one or more other users of the APP, you release Golden Poppy Inc., (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The Services
The Services help users to engage, learn and fill gaps in various subjects including science, mathematics, history, language arts, social studies, and interpersonal skills. Unless explicitly stated otherwise, any new or improved features to the Services shall be provided subject to this Agreement. You understand and agree that the Services are provided "as-is" and that Golden Poppy Inc., assumes no responsibility for any mistakes, errors, or omissions, including any unavailability of the Services or deletion or loss of any data relating to the Services, or, when necessary, your lack of authority to provide the requisite consent and authorization for Golden Poppy Inc., to provide the Services.
Limited License to Use
Subject to your compliance with these Terms, Golden Poppy Inc grants you a limited personal, non-transferable and non-exclusive right and license to use the Services and Content. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for obtaining unauthorized access to the Services and Content. You agree not to access the Services and Content by any means other than through the interfaces that are provided by GP for use in accessing the Services and Content.
To use the Services and Content, you must obtain access to the Internet, through a computer and mobile device that access web and app-based content and pay any service fees or other costs associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a tablet and modem or other access device.
Subject to your compliance with these Terms, Golden Poppy Inc., grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the APP on a mobile device and to run such copy of the APP solely for educational School use or your own personal, non-commercial purposes. Except as expressly permitted in these Terms, you may not: (a) copy, modify, or create derivative works or services or anything that is a building block of a non-functioning token based on the APP; (b) distribute, transfer, sublicense, lease, lend, or rent the APP to any third party; (c) reverse engineer, decompile, or disassemble the APP; or (d) make the functionality of the APP available to multiple users through any means, except for secure managed devices for Schools and districts. GP reserves all rights in and to the APP not expressly granted to you under these Terms.
Additional Terms for App Store Apps
If you accessed or downloaded the APP from the Apple Store then you agree to use the APP only: (a) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system); and (b) as permitted by the “Usage Rules” set forth in the App Store Terms of Service.
If you accessed or downloaded the APP from any distribution platform (like Google Play, or Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:
• These Terms are concluded between you and Golden Poppy Inc., and not with App Provider, and that, as between us and the App Provider, Golden Poppy Inc., is solely responsible for the APP.
• App Provider has no obligation to furnish any maintenance and support services with respect to the APP.
• In the event of any failure of the APP to conform to any applicable warranty, you may notify App Provider, and App Provider will refund the purchase price for the APP to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the APP. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Golden Poppy Inc.
• App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the APP or your possession and use of the APP, including but not limited to: (i) product liability claims; (ii) any claim that the APP fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Golden Poppy Inc., will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
• App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the APP, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the APP against you as a third-party beneficiary thereof.
• You must also comply with all applicable third-party terms of service when using the APP.
• You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the APP nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the APP, 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.
Content and Content Rights
For purposes of these Terms: (a) “Content” means the text, software, scripts, graphics, photos, animations, sounds, music, educational tutorials, videos, audiovisual combinations, interactive features, works of authorship of any kind, digital art, layered art, programmable art, generative art, collaborative art, anything that is a building block of a non-functioning token, andinformation or other materials that are posted, generated, provided, or otherwise made available through the Services; and (b) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
Subject to your compliance with these Terms, Golden Poppy Inc., grants you a personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, revocable license to download, view, display, and use the Content solely in connection with your permitted use of the Services.
Content Ownership
Golden Poppy Inc., does not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Golden Poppy Inc., and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. Intellectual Property” means discoveries, developments, concepts, designs, ideas, know how, modifications, improvements, derivative works, anything that is a building block of a non-functioning token, intellectual property, inventions, patentable material, copyrights, copyrightable material, trademarks, logos, pictures, graphic designs, creative works, digital art, layered art, programmable art, generative art, collaborative art, trade secrets and/or original works of authorship, whether or not patentable, copyrightable or otherwise legally protectable. This is not limited to, any new product, machine, article of manufacture, biological material, method, procedure, process, technique, use, equipment, device, apparatus, system, compound, formulation, composition of matter, design or configuration of any kind, or any improvement thereon. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights Granted by You
By submitting, posting, displaying, providing or otherwise making any User Content available through the Services, you expressly grant to Golden Poppy Inc., (and its successors’ and affiliates’) a non-exclusive, perpetual, irrevocable, non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publish, edit, translate, syndicate, create derivative works based upon, in any media formats and through any media channels, publicly display, publicly perform, and distribute all such User Content in whole or in part, and in any form, media or technology, whether now know or hereafter developed, for use in connection with operating and providing the Services and Content to you and to other Account holders. You also hereby grant each User of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Services and under this Agreement.
You are solely responsible for all your User Content that you create, transmit or display while using the Services. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Golden Poppy Inc., on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Golden Poppy Inc., may reject any submissions in which Golden Poppy Inc., believes, in its sole discretion, that the User Content is inappropriate or violates the Champion Guidelines or these Terms. Golden Poppy Inc., further reserves the right to remove any User Content from the Services at any time and without notice and for any reason.
Educational Tutorials, Assessments, and Simulations
The bundled APP and toy box suite allows Account holders to view educational tutorials, take educational assessments and experience educational simulations during gameplay. Educational tutorials, assessments, and simulations are a category of intellectual property and Golden Poppy Inc., grants you a limited, non-transferable, non-sublicensable, revocable license to use such educational tutorials, assessments, and simulations in conjunction with your educational or personal, noncommercial use of the Services. Educational tutorials, assessments, and simulations can never be sold, transferred, or exchanged for Virtual Money, Virtual Goods, or “real” services, or any other compensation or consideration from us.
You also agree that you will only obtain educational tutorials, assessments, and simulations from other Account holders like Schools and through means provided by us, and not from or through any third-party platform, exchange, broker, or other mechanism, unless expressly authorized. We may cancel any educational tutorials, assessments, or simulations sold, transferred, or exchanged in violation of these Terms. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your Account. As set forth below, all educational tutorials, assessments, animations and simulations and other Content are provided “as is,” without any warranty.
Trading
The APP allows Account holders to trade real-world items, including but not limited to Unicorn Blue characters (“Trading Items”) during gameplay. Trading Items are a category of intellectual property and Golden Poppy Inc., grants you a limited, non-transferable, non-sublicensable, revocable license to use such Trading Items in conjunction with your personal, noncommercial use of the Services. Trading Items may be traded with other Account holders for other Trading Items, but Trading Items can never be sold, transferred, or exchanged for Virtual Money, Virtual Goods, or “real” services, or any other compensation or consideration from us.
You also agree that you will only obtain Trading Items from other Account holders and through means provided by us, and not from or through any third-party platform, exchange, broker, or other mechanism, unless expressly authorized. We may cancel any Trading Items sold, transferred, or exchanged in violation of these Terms. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your Account. As set forth below, all Trading Items and other Content are provided “as is,” without any warranty.
Tokens and Goods
The APP permits the purchase of virtual currency (“Tokens”) and use of those Tokens to purchase virtual or physical items or services that we expressly make available for use with the APP (“Goods”). The purchase of Tokens or Goods is limited to Account holders who are either (a) 18 years of age or older; or (b) under the age of 18 and have the consent of a Parent to make the purchase. Parents of children under the age of 18 can consult the iOS or Google Play settings for their APP to restrict in-App purchases but should also monitor their children’s Accounts for unexpected activity, including the purchase of Tokens and Goods.
Purchases of Tokens or Goods
Tokens are a category of Content, so the purchase of Tokens grants you only a limited, non-transferable, non-sublicensable, revocable license to use such Tokens to access and purchase Goods in conjunction with your personal, noncommercial use of the Services. You acknowledge that any balance of Virtual Goods or Tokens does not reflect any stored value. You agree that Tokens and Virtual Goods have no monetary value and do not constitute actual currency or property of any type. Tokens may be redeemed only for GP Goods and can never be sold, transferred, or exchanged for other services from us or anyone else. You also agree that you will only obtain Tokens and/or Goods from us and through means provided by us, and not from any third-party platform, exchange, broker, or other mechanism, unless expressly authorized. Once you acquire a license to Tokens or Goods, you may not transfer them to another individual or account, unless such functionality is provided to you by us by way of a feature or service, whether inside the APP or through some other method (e.g., our website). We may cancel any Token or Goods sold, transferred, or exchanged in violation of these Terms. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your Account.
During the term of your license to your Tokens, you have the right to redeem your Tokens for selected GP Goods. If you are the Parent and you are accepting these Terms on behalf of your child, you accept and acknowledge that your child has your consent to exercise this right independently. Pricing and availability of Tokens and Goods are subject to change without notice. We reserve the right at any time to change and update our pricing and inventory of Tokens and Goods. As set forth below, all Tokens and Goods and other services are provided “as is,” without any warranty. You agree that all sales by us to you of Tokens and Goods are final and that we will not permit exchanges or refunds for any unused Tokens or Goods once the transaction has been made.
Effect of Termination on Trading Items, Virtual Money, and Virtual Goods
We may cancel, suspend, or terminate your Account and your access to your Tokens, Goods or Services, in our sole discretion and without prior notice, including if (a) your Account is inactive (i.e., not used or logged into) for one year; (b) you fail to comply with these Terms; (c) we suspect fraud or misuse; (d) we suspect any other unlawful activity associated with your Account; or (e) we are acting to protect the Services, our systems, the APP, any of our users, or the reputation of Golden Poppy Inc. We have no obligation or responsibility to, and will not reimburse or refund, you for any Tokens or Goods lost due to such cancellation, suspension, or termination. You acknowledge that GP is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Tokens or Goods when your Account is closed, whether such closure was voluntary or involuntary.
We have the right to offer, modify, eliminate, and/or terminate Tokens, Goods and/or the Services, or any portion thereof, at any time, without notice or liability to you. If we discontinue the use of Tokens or Goods, we will provide advance notice to you by posting a notice on the Site, APP or through other communications.
Conduct, General Prohibitions, and Golden Poppy Inc.’s, Enforcement Rights
You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. Please refer to our Champion Guidelines (https://goldenpoppy.net) for information about the kinds of conduct and User Content that are prohibited while using the Services. By way of example, and not as a limitation, you agree that when using the Services and Content, you will not:
● defame, abuse, harass, harm, stalk, threaten, or otherwise violate the legal rights (including the rights of privacy and publicity) of others;
● upload, post, email, transmit, or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading, or deceptive Content or message;
● promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group;
● trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be;
● violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
● upload, post, or otherwise make available commercial messages or advertisements, pyramid schemes, or other disruptive notices;
● impersonate or misrepresent your affiliation with another person or entity;
● promote or provide instructional information about illegal or harmful activities or substances;
● promote or engage in physical harm, violence, or injury against any group or individual;
● transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
● submit fake, falsified, misleading, or inappropriate data submissions, edits, or removals;
● post, upload, publish, submit, or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
● use, display, mirror, or frame the Services or any individual element within the Services, Golden Poppy Inc.’s name, any GP trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without GP’s express written consent;
● access, tamper with, or use non-public areas of the Services, GP’s computer systems, or the technical delivery systems of GP’s providers;
● attempt to probe, scan, or test the vulnerability of any GP system or network or breach any security or authentication measures;
● avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by GP or any of GP’s providers or any other third party (including another user) to protect the Services or Content;
● attempt to access or search the Services or Content, or download Content from the Services through the use of any technology or means other than those provided by GP or other generally available third-party web browsers (including, without limitation, automation software, bots, spiders, crawlers, data-mining tools, or hacks, tools, agents, engines, or devices of any kind);
● extract, scrape, index, copy, or mirror the Services or Content or portions thereof (including but not limited to any information about users or gameplay);
● use any meta tags or other hidden text or metadata utilizing a Golden Poppy, Inc., trademark, logo, URL, or product name without GP’s express written consent;
● forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-¬identifying information;
● attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
● interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail¬-bombing the Services;
● take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Services or GP’s infrastructure;
● delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
● use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms, including but not limited to (a) gathering in in-app items or resources for sale outside the APP, (b) performing services in the APP in exchange for payment outside the APP, or (c) sell, resell, rent, or lease the APP or your Account;
● collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
● violate any applicable law or regulation; or
● encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Feedback
We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected]. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully¬ paid, royalty -free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
Modification or Termination of Services
Golden Poppy Inc., reserves the right at any time and from time to time to modify or temporarily discontinue the Services (or any part thereof) with or without notice. You agree that GP shall not be liable to you or to any third party for any modification, suspension or temporary discontinuance of the Services. In the event of permanent discontinuance of the Services, GP's liability is limited to the School’s paid subscription price, pro-rated to the amount of time remaining on the subscription.
You agree that GP, in its sole discretion, may suspend or terminate your password, account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if GP believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Service under any provision of this Agreement may be implemented without prior notice, and you acknowledge and agree that GP may immediately deactivate or delete your account and all data relating to your account and/or bar any further access to the Services. Further, you agree that GP shall not be liable to you or any third party for any termination of your access to the Services.
Links to Third Party Websites or Resources
The Services and APP may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites, or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Proprietary Rights
You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by GP, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part. Any automated scraping, harvesting, indexing, mining, or any other extraction of any Content from the Services are expressly prohibited.
DMCA/Copyright Policy
The Services are protected by copyright and other laws in both the United States and elsewhere. Under the terms of this Agreement, it is expressly forbidden to distribute or reproduce the Content of the Services or any portion thereof by any means, including but not limited to electronic and print. GP reserves the right to cancel your account without refund if it is determined that you have violated this section of the Agreement.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE APP AND SERVICES ARE AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, GOLDEN POPPY INC., EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
2. GOLDEN POPPY INC., MAKES NO WARRANTY OR CONDITION THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINE FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHSED OR OBTAINE BY YOU THROUGH THE SERIVCES WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINE THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOLDEN POPPY INC., OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARANTY OR CONDITION NOT EXPRESSLY STATED IN THE AGREEMENT.
5. YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATED OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT GOLDEN POPPY INC., DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. GOLDEN POPPY INC., MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Indemnity
You will indemnify and hold harmless Golden Poppy Inc., and its respective officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services or Content, (b) your User Content, or (c) your violation of these Terms.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GOLDEN POPPY INC., OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GOLDEN POPPY INC., HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT WILL THE TOTAL LIABILITY OF GOLDEN POPPY INC., ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GOLDEN POPPY INC., AND YOU.
Trademark Information
Golden Poppy Inc., Unicorn Blue and Mysterious Disappearance are registered trademarks of Golden Poppy Inc. You agree not to use any GP trademarks without the express advance written permission of GP.
Dispute Resolution
Governing Law
The formation, performance, construction, validity, enforceability, and any action related thereto of these Terms of Service shall be governed by federal laws and the laws of the State of Delaware.
The Arbitration Agreement set forth below, is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. For avoidance of doubt, the State Specific provisions of Delaware, shall also govern where applicable. This Agreement is a contract for the provision of services and not a contract for the sale of goods. The provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), or any substantially similar legislation as may be enacted, shall not apply to this Agreement. If you are located outside of the territory of the United States, the parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not govern this Agreement or the rights and obligations of the parties under this Agreement. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California, USA, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction, including to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm.
READ THIS ARBITRATION AGREEMENT CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM GOLDEN POPPY INC.,
Agreement to Arbitrate
A. Except as set out in sub-paragraph B, below, you and Golden Poppy Inc., agree to resolve any claim, counter or cross claim, issue, dispute, or controversy arising out of or relating to the Terms of Service, or the breach, alleged breach, termination, enforcement, interpretation, or validity thereof (collectively, "Claims") of the Services or Content, by binding arbitration administered by JAMS under its Optional Expedited Arbitration Procedures then in effect for JAMS. The contact information for JAMS, and a link to the applicable JAMS rules, may be found at www.jamsadr.com. Without limiting the generality of the foregoing, the term Claims includes any Claim arising out of or relating to your use of the Services or Content as defined in the Terms of Service or use of any of the following (i) www.goldenpoppy.net, (ii) mobile applications associated with www.goldenpoppy.net, and (iii) any other Golden Poppy Inc., website, APP or online service which links to these Terms of Service. The term Claims also includes any Claims arising out of or relating to the enforceability of this Arbitration Agreement including Claims of fraud, duress, unconscionability, or violation of public policy. All Claims as defined by this paragraph are expressly delegated to the arbitrator and all such Claims are subject to arbitration.
Notwithstanding the foregoing, you or Golden Poppy Inc., may file Claims in small claims court, so long as the Claims remain in such court and advance only as to individual (i.e., non-class and/or non-representative) claims for relief. If Claims filed in small claims court advance into a purported class or representative action either party may require the litigation to be stayed for such Claims to be arbitrated on an individual basis.
B. The following "Excluded Claims" are not covered by or subject to arbitration pursuant to this Arbitration Agreement and shall be decided by a court and not the arbitrator: (1) Claims filed by Golden Poppy Inc., to prevent or enjoin the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights (the action described as IP Protection Action and the exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the State of Delaware and each of the parties hereto waives any objection to jurisdiction and venue in such courts); (2) Claims that you have failed to satisfy the requirement to engage in good faith resolution prior to filing a demand for arbitration (as set out in sub-paragraph C); (3) a request for a public injunctive relief remedy, which shall be determined in court in accordance with sub-paragraph H; (4) any Claim brought as part of a Mass Arbitration, which shall be determined in accordance with sub-paragraph I; (5) Claims for temporary or provisional remedies to preserve the status quo pending the appointment of an arbitrator; (6) disputes regarding the characterization of a Claim as excluded or not under this definition of Excluded Claims.
C. As part of this Arbitration Agreement, you agree to make a good faith effort to resolve any Claim informally prior to initiating a formal arbitration proceeding (by filing a demand for arbitration). Before filing a demand for arbitration, you must send a notice to the other party that describes the Claim. The notice must include your name and contact information (address, telephone number, and email address) and a detailed description of (1) the nature and basis of the Claim and (2) the nature and basis of the relief sought, with a detailed calculation of the amount of any monetary Claim. Your notice shall be sent by mail to Legal Department, Golden Poppy, Inc., 171 Main St #612, Los Altos, CA 94022, USA, or by email to:[email protected]. You must personally sign the notice. If requested by Golden Poppy Inc., you must personally participate in a telephone settlement conference. If you are represented by counsel, counsel may also participate to discuss the Claim, but the discussion must be conducted solely with respect to your individual Claim. If the Claim is not resolved within sixty (60) days after receipt of the notice (which period can be extended by agreement of you and us), you or GP may commence an arbitration proceeding under the terms set forth below. Compliance with and completing this informal dispute resolution process on an individualized basis is a condition precedent to filing a demand for arbitration. The statute of limitations shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, that issue must be decided by a court at either party's election; any arbitration proceeding (including any obligations to pay further fees) shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin or stay the filing or prosecution of a demand for arbitration or litigation in breach of this Arbitration Agreement.
D. After completing good faith negotiation in accordance with sub-paragraph C, you or Golden Poppy Inc., may demand arbitration in accordance with this Arbitration Agreement and the applicable JAMS rules. If there is any reason that an arbitrator cannot be selected or cannot serve, or if JAMS is unavailable or declines to serve as an arbitration administrator under this Arbitration Agreement, you and Golden Poppy Inc., agree that an arbitration administrator or arbitrator will be selected by agreement of the parties or by a court. You agree the arbitration will be conducted in Santa Clara County, California, USA, unless you and Golden Poppy Inc., agree otherwise. You agree each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses.
E. The Terms of Service evidence a transaction in interstate commerce. Accordingly, this Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA"). The arbitrator will decide the Claim or Claims in accordance with applicable substantive law including federal law. Where a dispute as to the applicable substantive law is raised as an issue, the arbitrator shall determine the applicable substantive law notwithstanding any other provision of the Terms of Service.
F. You and Golden Poppy Inc., agree that, by agreeing to arbitrate, the parties are each waiving the right to a trial by jury or a trial before a judge in court. You and Golden Poppy Inc., acknowledge that arbitration will limit your and our legal rights, including the right to participate in a class action, the right to a jury trial, the right to conduct full discovery, and the right to appeal in court.
G. You and Golden Poppy Inc., agree that in arbitration each may bring Claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, attorney general, representative, or via a Mass Arbitration filing as defined below. Further, unless mutually agreed to by you and us, the Claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration. The arbitrator shall have no authority to conduct any class action, Mass Arbitration, private attorney general or other representative proceeding.
H. Neither you nor Golden Poppy Inc., will have the right to seek public injunctive relief in arbitration as a remedy for any Claim against one another (a "Public Injunctive Relief Request"). Accordingly, the arbitrator may not issue injunctive relief beyond that necessary to remedy your own alleged injury or to prevent future injury to you alone. Under no circumstances may an arbitrator award public injunctive relief. Instead, you and Golden Poppy Inc., agree that a request for a Public Injunctive Relief remedy may be litigated in court, but adjudication of that request (and any opposition to it) in court will be stayed until all arbitrable Claims have been resolved in arbitration. For avoidance of doubt, the validity, enforceability, and effect of this sub-paragraph shall be determined exclusively by a court, and not in arbitration.
I. Mass Arbitration Waiver. As used in this Mass Arbitration Waiver, "Mass Arbitration(s)" means and refers to when (1) 250 or more demands for arbitration asserting the same or similar Claims as asserted by you are (2) made against us and/or sought to be compelled to arbitration against us during any rolling 180-day period, and (3) representation for the claimants (including you) to such demands for arbitration is consistent or coordinated by one or more affiliated, coordinated or associated lawyers or law firms. It is acknowledged, understood and agreed that under this Arbitration Agreement between you and us, there is not and has never been any intent, agreement or expectation of the parties to allow the prosecution of Mass Arbitrations, which are not permitted. In the event that Golden Poppy Inc., reasonably believes that there are Mass Arbitrations being asserted, Golden Poppy Inc., may give written notice of such to you and the arbitrator (if appointed) in each of the arbitrations at issue and, upon giving such notice, Golden Poppy Inc., shall not have any further obligation to arbitrate those arbitrations, or pay arbitration fees, and they shall be automatically stayed, pending a motion by you or us seeking a determination in a court of competent jurisdiction that your Claims are or are not part of a Mass Arbitration. Should a court of competent jurisdiction hold that your case is not part of a Mass Arbitration, then the stay of arbitration shall be lifted and all fees otherwise due shall be payable. In contrast, if a court determines that the any arbitration demand made or sought to be compelled by you under this Arbitration Agreement is part of a Mass Arbitration, then Golden Poppy will not be required to arbitrate the Claims, and you will then be free to bring your Claims in a court.
In the event your arbitration demand is alleged by us to be part of a Mass Arbitration that must be pursued in court, Golden Poppy Inc., will not assert the statute of limitations or laches or other similar defense to your Claims if (a) a demand for arbitration was timely made by you with respect to the Claim before the expiration of any applicable limitations period and (b) you file your complaint asserting that Claim in court within the longer of the following timeframes: (i) the time remaining on the otherwise applicable limitations period, (ii) six months from the date appearing on our notice alleging that your Claim is part of a Mass Arbitration, or (iii) six months from the date that a court finally determines that your claim is part of a Mass Arbitration.
For avoidance of doubt, nothing in this sub-paragraph shall preclude JAMS from applying its reduced/graduated fee schedules for mass filings as defined under its Mass Arbitration Procedures and Guidelines.
J. The arbitrator is authorized to award remedies that would be available on an individual basis if the action were heard in a court. The arbitrator shall have the power to provide provisional remedies or interim measures to protect the effectiveness of the arbitration proceeding pending entry of the final arbitral award. The arbitrator shall also have the power to issues orders, or partial or preliminary awards (including orders ancillary to the conduct of the arbitration such as enforcement of scheduling and discovery orders and sanctioning non-compliance with his or her orders). The arbitrator may give and take such oaths as required by law, which shall be administered by a person authorized by law to give oaths. Either party may request that the arbitrator issue a reasoned written decision sufficient to comply with applicable law and explain the essential findings and conclusions on which the award is based. The arbitrator's award shall be final and binding, and you or Golden Poppy Inc., may seek to have the award vacated or confirmed and entered as a judgment in any court of competent jurisdiction.
K. Notwithstanding any provision of this Arbitration Agreement, if any provision of this Arbitration Agreement is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this Arbitration Agreement. However, if a court holds that the class action waiver set forth in sub-paragraph F is unenforceable, or an arbitrator conducts a class action or mass arbitration in arbitration, or enters an injunction that goes beyond providing a remedy for your own individual injury, and such holdings or actions are finally upheld on appeal, then this entire Arbitration Agreement shall be deemed void and unenforceable with respect to any class action or mass arbitration actually conducted in arbitration and no arbitral award entered purporting to certify a class in arbitration, or awarding relief on a class-wide basis or mass arbitration basis, or providing injunctive relief beyond that necessary to remedy your own individual injury, shall be valid, enforced or confirmed.
Changes
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Golden Poppy Inc., changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Golden Poppy Inc., in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
General Terms
These Terms and any action related thereto will be governed by the laws of the State of Delaware. These Terms constitute the entire and exclusive understanding and agreement between Golden Poppy Inc., and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Golden Poppy Inc., and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by a court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Golden Poppy Inc.’s, prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. Golden Poppy Inc., may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Golden Poppy Inc., under these Terms, including those regarding modifications to these Terms, will be given: (a) via email, or (b) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Golden Poppy Inc.’s, failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Golden Poppy Inc. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information
If you have any questions about these Terms or the Services, please contact Golden Poppy Inc., at [email protected] or 171 Main Street #612, Los Altos, CA 94022.
