© 2018 Mrs. D’s Corner – All Rights Reserved
Effective Date: May 25, 2018
Mrs. D’s Corner reserves the right to revise these Terms at any time, at its sole discretion and with or without notice, by posting an updated version to https://www.mrsdscorner.com. You should visit this page periodically to review the most current Terms. By continuing to access or use the Services after updated terms have been posted, you agree to be bound by the updated Terms. Certain portions of the Services or Products may have additional terms and conditions and may require you to agree to such terms and conditions.
- “Content” means all content contained in the Website, including all text, images, audio content, videos, designs, graphics, information, logos, downloadable content, software, and any other content contained therein and all patents, copyrights, trademarks, service marks, intellectual property and/or other proprietary information of Mrs. D’s Corner by Stephanie DeLussey.
- “Product(s)” means any products purchased from Mrs. D’s Corner or through the Mrs. D’s Corner’s shop on TeachersPayTeachers.
- “Services” means the all services provided by Mrs. D’s Corner through the Website and the Products.
- “Mrs. D’s Corner” or “Website” means any websites, web pages, and any subpages under Mrs. D’s Corner’s control, whether partial or otherwise, including www.mrsdscorner.com and any subpages.
- “User,” “you,” and “your,” means you and all individuals and/or entities on whose behalf you are accessing or using the Services for any reason.
By accessing or using the Services, you represent and warrant to Mrs. D’s Corner that (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent’s permission to access or use the Services, and your parent has read and agrees to these Terms on your behalf; (ii) all information you provide is accurate, current and complete; (iii) you will maintain the accuracy and completeness of such information; and (iv) if you are accepting these on behalf of an institution, school, company or other legal entity, you have the authority to bind that institution, school, company or legal entity to these Terms. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
CHILDREN AND OUR SERVICES
While our Products are aimed to be used by children of varying ages, some of our Services (including the Website and any Accounts, as defined below) are intended to be used only by parents, legal guardians and/or teachers over the age of 18.
In order to access certain features of the Services and to post any User Content (as defined below) on or through the Services, a parent, legal guardian or teacher must register to create an account (“Account”) on the Website. By creating an Account, you represent and warrant that you are at least 18 years of age. Mrs. D’s Corner reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. It is your responsibility not to disclose your Account credentials to anyone. You will immediately notify Mrs. D’s Corner of any unauthorized use of your Account.
In accordance with Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under 13 years of age.
Each Educational Institution shall also indemnify and hold Mrs. D’s Corner harmless from any and all claims that arise from (i) failure to use our Services as intended or (ii) failure to comply with the Child Online Privacy Protection Act of 1998 (COPPA), the Family Educational Rights and Privacy Act (FERPA) or any applicable law.
You agree and warrant that you will not use the Services in a manner that is illegal or otherwise inconsistent with the Terms. In addition, you will not use the Services in a manner that Mrs. D’s Corner, in its sole discretion, deems objectionable. Mrs. D’s Corner reserves the right to restrict, suspend, or terminate your access to the Services at any time without notice for any reason. You agree that you will only access the Services through the Website or the Apps. You agree not to do any of the following:
- attempt to decipher, decompile, disassemble or reverse engineer or otherwise hack the Services or any software used to provide the Services;
- attempt to breach any security or authentication measures of the Services;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Mrs. D’s Corner or any other third party to protect the Services or the Content;
- use the Services or the Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- take any actions that damage or tamper with the Services;
- interfere or attempt to interfere with other users’ use of the Services;
- impersonate or misrepresent your affiliation with any person;
- violate any applicable law of regulation; or
- encourage or enable any other individual to do any of the foregoing.
Mrs. D’s Corner will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Mrs. D’s Corner may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Mrs. D’s Corner has no obligation to monitor your access to or use of the Services or the Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Mrs. D’s Corner reserves the right, at any time and without prior notice, to remove or disable access to the Services or any Content, that Mrs. D’s Corner, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Services.
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
Mrs. D’s Corner may process your Personal Data because:
- We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it’s not overridden by your rights
- For payment processing purposes
- To comply with the law
Retention of Data
Mrs. D’s Corner will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Disclosure Of Data
Disclosure for Law Enforcement
Under certain circumstances, Mrs. D’s Corner may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Mrs. D’s Corner may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of Mrs. D’s Corner
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
“Do Not Track” Signals
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Mrs. D’s Corneraims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
- The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
- The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
- The right to object. You have the right to object to our processing of your Personal Data.
- The right of restriction. You have the right to request that we restrict the processing of your personal information.
- The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
- The right to withdraw consent. You also have the right to withdraw your consent at any time where Mrs. D’s Cornerrelied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
Subject to your compliance with these Terms, Mrs. D’s Corner grants you a limited, non-exclusive, non-transferable license to access and use the Services solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, the Services or the Content except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Mrs. D’s Corner or its licensors, except for the licenses and rights expressly granted in these.
While under no obligation to do so, we do attempt to respond to questions and comments submitted to us via e-mail that are not published on the Website. Although we value our Users’ feedback, please do not submit any proprietary information, suggestions or materials via e-mail or our website. We are not obligated to compensate you for such submissions, which will become the property of Mrs. D’s Corner. By submitting such materials, you release your proprietary, intellectual property and all other rights.
PURCHASES THROUGH WEBSITE OR THE APPS
- Delivery. Mrs. D’s Corner deliver the Products once purchased to the place of delivery designated by you. If you choose to request any type of express or expedited courier or shipping services, you shall be responsible for all additional shipping fees. International orders may also involve customs, import duties or other charges which vary from country to country. You are solely responsible for any such additional charges. In addition, it is your responsibility to check with your local customs office to verify whether the country to which you are shipping permits the shipment of Products to you.
- Pricing. Except where otherwise noted, the list price displayed for any Product represents the full price, less any applicable sales or tax, of the product, less any applicable sales or other taxes or other charges. Despite our best efforts, a small number of items in our catalog may be mispriced and, in the event of a mispricing, Mrs. D’s Corner reserves the right to charge the correct price.
- Refunds and Exchanges. Due to the nature of digital downloads, all sales are final. Mrs. D’s Corner is not held liable or responsible when your computer/technology does not work, or you do not have the appropriate software on your computer to access the digital download(s) purchased.
- Affiliations. Mrs. D’s Corner is not related to or affiliated with Apple, Inc. or Google, Inc.
The Services are protected under patent, copyright, trademark, and/or other laws of the United States and foreign countries. The Services and all Content are the property of Mrs. D’s Corner or its licensors. The compilation, collection, arrangement, or assembly of all Content is the exclusive property of Mrs. D’s Corner and is protected as well. Any code or software code that Mrs. D’s Corner creates, generates or displays in the Services are also protected and you may not copy or adapt such code.
You may not modify, publish, transmit, create derivative works, or in any way exploit any of the Content of the Website. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material from the Website is permitted without express written permission from Mrs. D’s Corner and any other copyright owner.
If any copying, redistribution or publication of copyrighted material is expressly permitted, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You shall be liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, downloading or submission. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mrs. D’s Corner without Mrs. D’s Corner’s express written consent. You may not use any meta tags or any other “hidden text” utilizing Mrs. D’s Corner’s name or trademarks without the express written consent of Mrs. D’s Corner.
DISCLAIMER OF WARRANTY
MRS. D’S CORNER MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OR ANY PRODUCT WILL MEET YOUR REQUIREMENTS OR OPERATE OR BE AVIALABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS OR THAT THE SERVICES OR ANY SERVERS USED BY THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, YOU ARE SOLELY RESPONSIBLE FOR SUCH COSTS AND MRS. D’S CORNER SHALL NOT BE LIABLE FOR SUCH COSTS. THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MRS. D’S CORNER MAKES NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT ON THE SERVICES OR WITH REGARD TO THE PRODUCTS.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK OF USING THE SERVICES REMAINS WITH YOU AND IN NO EVENT SHALL MRS. D’S CORNER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE PRODUCTS, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MRS. D’S CORNER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL MRS. D’S CORNER’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO MRS. D’S CORNER FOR USE OF THE SERVICES AND THE AMOUNTS YOU PAID FOR THE PRODUCTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MRS. D’S CORNER AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Mrs. D’s Corner, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, suits, proceedings actions, demands, liabilities, damages, losses or expenses, including without limitation reasonable legal and accounting fees, arising out of, resulting from or related to (i) your use of the Services or (ii) your breach of these Terms, including your representations and warranties herein.
TERM AND TERMINATION
These Terms (as updated) will remain in full force and effect for so long as you access or use the Services. Mrs. D’s Corner reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to suspending, disabling or terminating your access to and ability to use the Services and/or any other services provided to you by Mrs. D’s Corner, upon any breach by you of these Terms or any impermissible use or access of the Services or for any other reason in the sole discretion of Mrs. D’s Corner. The provisions of these Terms will remain in effect even after you cease using the Services.
- Third-Party Websites and Content. The Services may contain links to third-party websites, advertisers, services or resources that are not owned or controlled by Mrs. D’s Corner. Any such links are provided solely as a convenience and not as an endorsement by Mrs. D’s Corner of the contents on such third-party websites. You acknowledge and agree that Mrs. D’s Corner is not responsible for the content of linked third-party websites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party website or the security thereof. If you access any linked third-party websites, you do so at your own risk. You agree that Mrs. D’s Corner shall not be liable for any loss of damage of any sort relating to your dealings with third parties.
- Commercial Use. You agree not to make any unauthorized commercial use of the Services.
- Access Outside the United States. Mrs. D’s Corner makes no claims that the Services may be lawfully viewed, downloaded, used or accessed outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access Services, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
- Additional Terms. If you purchase and/or use the Mrs. D’s Corner or any Mrs. D’s Corner Product, additional terms apply and can be found here. Certain areas of the App may be subject to additional Terms. By using such areas, or any part thereof, you agree to be bound by the additional Terms applicable to such areas.
- Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Mrs. D’s Corner’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Mrs. D’s Corner’s ability to enforce such term at any point in the future.
- Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Mrs. D’s Corner’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Mrs. D’s Corner may assign or transfer these Terms, in its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Mrs. D’s Corner and you regarding the Services and the Products, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Mrs. D’s Corner and you regarding the Services and the Products.
If there are any questions regarding Mrs. D’s Corner or these Terms, please contact Mrs. D’s Corner at:
© 2018 Mrs. D’s Corner – All Rights Reserved
Effective Date: February 10, 2018