Terms of Service
Welcome to the user agreement for Clever Dragons ("User Agreement"). This User Agreement describes the terms on which you may access and use our services.
IF YOU ARE UNDER THE AGE OF 18 OR THE AGE OF MAJORITY IN YOUR JURISDICTION, YOUR PARENT OR LEGAL GUARDIAN MUST READ AND AGREE TO THE TERMS OF THIS USER AGREEMENT BEFORE YOU MAY USE THE WEBSITE. IF YOU AND, IN THE CASE OF MINORS, YOUR PARENT OR LEGAL GUARDIAN, DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE.
PLEASE PRINT A COPY OF THIS USER AGREEMENT FOR YOUR RECORDS.
This User Agreement is a contract between you and Clever Dragons and applies to all users of this Website. In this User Agreement "you" or "your" means any person or entity using this Website, and your parent or legal guardian, in the case of minors. Unless otherwise stated, "Clever Dragons", “Miaplaza,” "we" or "our" refers to Miaplaza, Inc. and its successors and assigns.
Description of Service
Clever Dragons provides a member community designed for young boys, where they can interact with friends, engage in learning activities, play games, and view videos. The Service is provided through Clever Dragons’ web site currently located at www.clever-dragons.com ("Site"). Clever Dragons is a service provided by Miaplaza, Inc. of PO Box 183, Menlo Park, CA 94026 USA.
Apart from participation in a parent’s account, the Clever Dragons Service is not available to adults or to any user suspended or removed from the Services by Clever Dragons for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring their Clever Dragons account to another party. If you do not qualify, you may not use the Clever Dragons Service.
To have a parent's account linked to a boy’s Clever Dragons account, you must be the parent or guardian of that boy. By signing up for a parent's account, you verify that your child is male and that you are the parent or legal guardian of that child.
Use of Service
Your use of the Clever Dragons Service is governed by this User Agreement. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account with or without your knowledge. You may not provide your login or password information to anyone else for their use. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Clever Dragons of any unauthorized use of your password or account or any other breach of security. Clever Dragons cannot and will not be liable for any loss or damage arising from your failure to comply with this User Agreement.
You agree to: (1) provide accurate, current and complete information about yourself as prompted by the registration form and (2) maintain and promptly update your personal email address to keep it current. If you provide any information that is untrue, inaccurate, inappropriate or not current, or if Clever Dragons has reasonable grounds to suspect that such information is untrue, inaccurate, inappropriate or not current, Clever Dragons has the right to disable or terminate your account and refuse any and all current or future use of the Service.
You agree that Clever Dragons may, with or without cause, immediately terminate your Clever Dragons account and access to the Clever Dragons Service without prior notice. Without limiting the foregoing, the following will lead to a termination by Clever Dragons of a user's use of the Clever Dragons Service (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your Clever Dragons account includes (a) removal of access to all offerings within the Clever Dragons Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Clever Dragons Service. Further, you agree that all terminations shall be made in Clever Dragons' sole discretion and that Clever Dragons shall not be liable to you or any third-party for any termination of your account or access to the Clever Dragons Service.
The following is a partial list of the kind of data and content provided to, through or in connection with, the Service or Site ("Content") that is prohibited on the Site. Clever Dragons reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this User Agreement, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
• reveals personal contact information to other users online. The best way to stay safe online is to NEVER share your real full name, phone number, address, email or passwords with other users. To further ensure your safety, we ask that you do not use our site to share username, password, friend code or other similar information for other sites or platforms;
• is offensive to the online community, such as Content that is intimidating to members with different world views and religious beliefs, or is posted with the intent of proselytizing;
• promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
• has information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• contains an unauthorized copy, in whole or in part, of another person’s copyrighted work or an unauthorized disclosure of another person’s confidential or trade secret information; contact us at feedback [at] always-icecream.com to notify us of any content on this site that may infringe your copyright;
• promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
• seeks to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• displays nudity or pornographic or sexually explicit material of any kind;
• provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal address or other contact information from anyone under 18;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You agree not to:
• provide any Content that is false and/or inaccurate with respect to any provider of goods and/or services so as to disparage such provider;
• provide Content in exchange for any money and/or services unless this incentive program is explicitly approved by Clever Dragons;
• use the Clever Dragons Service for any illegal purpose, including but not limited to conspiring to violate laws; or
• stalk or harass anyone.
Miaplaza's Right to Use User-Generated Content
We may use user-generated content in a number of different ways, including publicly displaying it and promoting it. As such, the user submitting content hereby irrevocably grants Miaplaza world-wide, perpetual, non-exclusive, royalty-free, transferable rights to use the user-generated content for any purpose. The user submitting content also irrevocably waives, and causes to be waived, against Miaplaza and its users any claims and assertions of moral rights or attribution with respect to the submitted content.
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Information Provided on this Website
You understand and agree that Clever Dragons may review and delete any content that in the sole judgment of Clever Dragons violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other users or members of the Clever Dragons Service and/or other website users.
The Service may provide, or third parties may provide, links or other means to obtain access to information from other persons, World Wide Web sites or resources. Because Clever Dragons has no control over such persons, sites and resources, you acknowledge and agree that Clever Dragons is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Clever Dragons shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge that Clever Dragons may establish general practices and limits concerning use of the Service, including limits of use and kinds of functionality available.
Access to Service
Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Clever Dragons website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses. You agree not to test the vulnerability or breach the security or authentication measures of any system or network associated with the Service or interfere with the Service provided to anyone else.
Clever Dragons Communications
Monitoring and Enforcement
While we have the right to monitor activity and content associated with the Clever Dragons Service, we are not obligated to do so. Since we do not, and may not have the ability to, control or actively monitor content, we do not guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact us to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Please remember that you can always choose to refrain from using any part of the Clever Dragons Service that may expose you to something that you are uncomfortable with. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.
An Clever Dragons subscription requires a monthly payment. Subscription fees are communicated at the respective sign-up pages for these services. Fees can be charged on a monthly, quarterly, annual, or lifetime basis. While accounts can be dropped by you at any time, refunds will not be given for prepaid periods with time remaining. School customers paying via purchase order: please note that due to the administrative costs, beginning January 1, 2015, Miaplaza, Inc. will add a $4 check handling fee to each invoice. This will be waived for invoices over $100 as well as for all PayPal invoices. We would be happy to invoice your school via PayPal; please let us know the email address to which to send a PayPal invoice.
Clever Dragons reserves the right to change its subscription fees or to introduce additional premium services for which Clever Dragons will charge.
The content included on the Site or through the Service, including, but not limited to the text, games, graphics, logos, icons, and images is the sole and exclusive property of Clever Dragons and other respective owners that have granted Clever Dragons the right and license to use such property and is protected by United States and international copyright and other intellectual property laws. All trademarks, service marks, and trade names are proprietary to Clever Dragons or other respective owners that have granted Clever Dragons the right and license to use such marks. The Site contains copyrighted material, including, but not limited to: trademarks and other proprietary information, content, text, games, and graphics. Except as otherwise expressly permitted under copyright law, users may not copy, publish, redistribute, modify, transmit, display, sell, create derivative works, or in any way exploit the content or any portion of the Clever Dragons website without the express permission of the organization.
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless Miaplaza, Inc., its directors, officers, employees, agents, subsidiaries, affiliates and licensors/providers from any claims, actions, proceedings, suits, and direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Clever Dragons Service; ii) unauthorized access to or alteration of your communications with or through the Clever Dragons Service, or iii) any other matter relating to the Clever Dragons Service. Any business transactions which may arise between users from their use of Clever Dragons are the sole responsibility of the users involved.
You understand and agree that Clever Dragons may disclose information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Miaplaza, Clever Dragons, its users, and the public.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE SERVICE AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT CLEVER DRAGONS DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. ALWAYS ICECREAM ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. ALWAYS ICECREAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CLEVER DRAGONS MAKES NO WARRANTY THAT (i) THE CLEVER DRAGONS SERVICE OR SITE WILL MEET YOUR REQUIREMENTS, (ii) THE CLEVER DRAGONS SERVICE OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CLEVER DRAGONS SERVICE OR SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CLEVER DRAGONS SERVICE OR SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CLEVER DRAGONS SERVICE OR SITE 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLEVER DRAGONS OR THROUGH OR FROM THE CLEVER DRAGONS SERVICE OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The User Agreement constitutes the entire agreement between you and Miaplaza and governs your use of the Clever Dragons Service, superseding any prior agreements between you and Miaplaza
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MIAPLAZA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MIAPLAZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW.
Governing Law; Venue; Claims
The User Agreement between you and Miaplaza will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles. Any dispute arising out of or related to this User Agreement, the Service or the Site, will be brought in, and you consent to the exclusive jurisdiction and venue in, the state and federal courts in San Mateo County, California. Regardless of any statute or law to the contrary, any claim relating to the Service or the Site must be filed within one (1) year after such claim arises.
If any of the terms of this User Agreement shall be deemed invalid, void or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of the remaining terms. The failure by Miaplaza or Clever Dragons to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision. CLEVER DRAGONS, the Clever Dragons logo, and other service names and graphics are trademarks of Miaplaza, Inc. All other marks, including product, service and company names are the registered trademarks or service marks of their respective owners. You agree not to display or use these trademarks in any manner without Clever Dragons’ prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please contact us with any questions or concerns.
Effective Date: September 24, 2009.