Please read below to learn the terms under which you may use our website, applications or other services offered by Prodigy Education Inc. (“Prodigy”, “Company” “we” or “us”) (collectively the “Services'').
Your use of the Services is subject to additional terms, conditions, policies, rules or guidelines applicable to the Services or certain features of the Services we post or provide to you and all such additional terms are incorporated by reference into and form a part of this Agreement.
Use of the services
Users are allowed to use the Services subject to and in compliance with this Agreement and all applicable local, provincial, state, national and international laws, rules and regulations. If your access to the Services has been revoked previously, you are not allowed to access the Services again.
The prodigygame.com website, domain name and any other linked pages, features, content or application services (including mobile application or other services) offered from time to time by Prodigy (collectively, the “Website”) are owned by Prodigy. Subject to this Agreement, Prodigy grants you permission to access and use the Services, solely for your own use, and not for the use or benefit of any third party. The term “Services” includes, without limitation, use of the website, any service we provide to you and the Content (as defined below) offered by Prodigy on the website. We reserve all rights not expressly granted to you in the Services and the Content (as defined below). We may change, suspend or discontinue the Services at any time, including the availability of any service, feature or Content. We may also impose limits on certain services and/or features or restrict your access to parts or all of the Services without notice or liability.
If you are signing up for Services and/or creating accounts on behalf of student(s), you represent and warrant you are a teacher or school administrator or otherwise authorized by a school, district or other authorized organization to register Prodigy accounts for or on behalf of students, or you are the parent of such student(s) or that you are of legal age to form a binding contract. A student User or User under the age of 16 must have parental consent and if such verified parental consent has been provided to Prodigy, Prodigy assumes such User’s parent or legal guardian has read, understood and agrees to this Agreement on behalf of that student or under-16 User. School personnel are responsible for obtaining any necessary approvals from their School authorities and administrators and parents before using the Services. If you are a teacher, parent, guardian or administrator, and you provide or allow your students or child to log in to the Services using a single sign on service (e.g. Google or Clever), as the adult User you are responsible for advising students or your child on the proper use of such single sign on provider.
You are responsible for all of your activity in connection with your use of the Services. Hacking or harming the Services is prohibited. By using the Services, you agree you will not conduct, conspire to, participate or otherwise engage in fraudulent, abusive, or otherwise illegal activity and that any such activity will be grounds for termination of your right to access or use the Services. Specifically, you agree you will not (i) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other User of the Services; (ii) use the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity; (iii) copy, distribute, or disclose any part of the Services in any medium or form, including but not limited to by any automated or non-automated “scraping”; (iv) use any automated system, including but not limited to “spiders”, “robots”, “offline readers” etc., to access the Services or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure; (v) run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes than run or are activated while you are not logged on to the Services; (vi) attempt to interfere with, compromise the system integrity or decipher any transmissions to or from the servers running the Services; (vii) transmit any malicious software agents through the Services; (viii) use the Services for any commercial solicitation purposes; (ix) interfere with the proper working of the Services; (x) access any content on the Services through any technology or means other than those provided or authorized by the Services; (xi) bypass the measures used by Prodigy to prevent or restrict access to the Services, including but not limited to features that prevent or restrict use or copying of content or enforce limitations on the use of the Services or related content.
Acceptable use and code of conduct
Prodigy strives to keep our Services safe but cannot absolutely guarantee the security and safety of the Services given the very nature of the Internet and the persistence of bad actors. Because of this, we require your help to keep the Services safe and require the following commitments from you when using the Services:
- You will not use the Services to violate a person’s right to privacy or otherwise collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes.
- You will not bully, intimidate, or harass, any User or use the Services in any manner that is threatening, abusive, violent or harmful to any person or entity.
- You will not use the Services in any way to upload, post, transmit, email or otherwise distribute content that is: hate speech, discriminating, defamatory, threatening, pornographic or otherwise obscene, incites violence; contains nudity or graphic or gratuitous violence; or is otherwise objectionable as reasonably determined by Company.
- You will not use the Services in any manner that would disparage the Company.
- You will not impersonate a Company employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.
- You will not use the Services in a manner that is harmful to minors. Without limiting the foregoing, you will not transmit or post any content anywhere on the Services, including any User Content, that violates child welfare laws, pornography laws or that otherwise violates any child sexual exploitation laws.
Fees and payment
There is a fee for some of our Services. Where the fee is a subscription, we may, in our sole discretion, change the fee at the end of your subscription period provided we first notify you by email. Where the fee is for something other than a subscription, we will notify you in advance of any rate changes. All fees are payable in accordance with the payment terms applicable at the time of payment. We may offer some promotional trials or time-limited discounts for certain Services from time to time. If you sign up or register through a trial, promotional or discount event, your rights of use will be subject to and limited by the terms of the trial, promotion or discount offer and will terminate or renew in accordance with the terms of the offer or any additional terms communicated related to the trial, promotion or discount offer. If you do not pay fees applicable to the Services you may not use or access those paid Services features. Unless otherwise expressly stated in the policies applicable to a Service, any fees paid for Services are non-refundable.
Where a Service has a fee, you must use either a credit card or other acceptable or approved payment method to activate and maintain that Service. You will be responsible for the fees and all applicable taxes for any Service ordered. If we do not receive payment from your credit card or payment method, you agree to pay all amounts due hereunder upon demand and will be solely responsible for any dispute with your payment provider. Should your credit card or payment method be denied, we reserve the right to recharge the credit card or payment method for any outstanding amounts. You will not be charged more than the amount of the fees for the Service(s) you have purchased.
Note, Prodigy does NOT directly store credit card information - all credit card information and transactions are stored by our payment provider, Stripe. Stripe is a third-party service provider and processes payment on our behalf. You agree in the event Stripe experiences a data breach affecting your information through no fault of Prodigy, Prodigy will in no way be responsible or liable to you for any such breach. Please click here for more information about how Stripe processes your information.
Prodigy content — Intellectual Property rights
The Services, including all content, features, and functionality thereof, are owned by Prodigy and are protected by United States and international copyright, trademark and other intellectual property or proprietary rights laws. The Services and all content, features and functionality are intended solely for the personal, non-commercial use by our Users and may only be used in accordance with these Terms. All past, present and future content, features and functionality of the Services, the software, hardware and technology used to provide the Services, User interfaces, materials displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services (the “Content”), and all other intellectual property, including any Company trademarks, service marks, logos, or any other trade names, trademarks, service marks and other distinctive or proprietary brand features of the Services are protected by copyright, trademark or other intellectual property or proprietary laws. You agree your use of the Services does not give you ownership of any intellectual property or other proprietary rights in the Services or the Content and as between you and the Company, all such rights in the Services and Content, which does not include User Content (as defined below), are owned by and the property of the Company or its licensors. The Services are protected by copyright pursuant to Canadian and U.S. copyright laws, international conventions and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials or other aspects of the Services in whole or in part.
In the course of using the Services, you and other Users may provide content or information which may be used by Prodigy to help support and provide the Services (“User Content”). For Prodigy to provide the Services, you hereby grant to Prodigy a limited, non-exclusive, sublicensable (as necessary to perform the Services) worldwide, royalty-free, and transferable right and license to: (i) use, host, copy, store, distribute, publicly perform and display, publish (in whole or in part), modify, and create derivative works from (such as changes we make so your content functions appropriately with the Services) such User Content as necessary to (a) provide, improve and make the Services available to you and other Users including through future media in which the Services may be distributed; (ii) use and disclose metrics and analytics regarding User Content in an aggregate or other non-personally identifiable manner (e.g., improving the Services, business development or marketing purposes); (iii) use, modify, prepare derivative works, publish, distribute and sublicense Feedback without compensation to you; (iv) process User Content that has been de-identified for product development, research or other lawful purposes.
You agree you will not and will not allow a third party (whether or not for your benefit) to: (i) run, license, rent, lease, loan, distribute or sell access to the Services or Content; (ii) build or support (and/or assist a third party in building or supporting) products or services that compete with the Services or use similar ideas, features, functions, interface or graphics of the Services; (iii) use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit the Services or Content for any purposes other than as expressly authorized by this Agreement; (iv) decompile, reverse engineer, disassemble, or otherwise attempt to obtain the source code of the Services or Content; (v) circumvent, disable, or otherwise interfere or alter security related tools or features; (vi) remove, obscure or alter any copyright, logo, trademark, or other legal notices or otherwise use the Services in a manner that creates the impression the Services or Content belongs to any entity other than Prodigy.
Company will not, under any circumstances, 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 in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
You understand all information transmitted through the Services is the sole responsibility of the User from which such content originated and Prodigy is not and cannot be held liable for errors or omissions in any User Content. Prodigy cannot guarantee the authenticity of data which Users may provide about themselves. You acknowledge all Content accessed while using the Services is at your own risk and you are solely responsible for any damage or loss to any party resulting therefrom. Users acknowledge the Company reserves the right but is not obligated to pre-screen, filter, edit, remove, refuse to accept, post, display, or transmit any User Content through or on the Services in whole or in part any time for any or no reason without notice and without liability of any kind.
Company’s automated systems may analyze your User Content (including emails) to provide you with personally relevant product features and for spam and malware detection. This analysis may occur when Content is sent, received or stored. Prodigy will not analyze any personal information in Student Data for the purpose of providing behaviourally-targeted advertising to students or parents. The foregoing shall not be construed to prohibit Prodigy from marketing or advertising directly to parents to offer customized student learning opportunities, game progress, or to recommend educational products or services so long as the recommendations are not based in whole or part on payment or other considerations from a third party.
To help us improve the Services, from time to time we may conduct surveys, inquiries or submit requests for feedback through the Services or Users may submit feedback, comments or suggestions for improvements to the Services (in written, oral or any other form) (“Feedback”). Any survey, inquiries or request for Feedback is optional and will not prevent access to or impede the Services. If you choose to respond to a survey, your response(s) will be deidentified and aggregated with other responses. We will not identify your response(s) and will only use the responses in an anonymized or aggregated manner. When providing Feedback, Users assign to Prodigy all right, title and interest in any Feedback. Nothing in this Agreement restricts the Company’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback without compensating or crediting the User or the individual providing such Feedback.
Important health warning about photosensitive seizures
A very small percentage of people may experience a seizure when exposed to certain visual images, including flashing lights or patterns that may appear in video games or other online activities. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while playing video games. You should immediately stop playing and consult a doctor if you experience any symptoms such as lightheadedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion, or momentary loss of awareness. Seizures may also cause loss of consciousness or convulsions that can lead to injury from falling down or striking nearby objects. Parents should watch for or ask their children about the above symptoms. You can reduce risk of photosensitive epileptic seizures by taking the following precautions:
- Play in a well-lit room
- Do not play if you are drowsy or fatigued
If you or any of your relatives have a history of seizures or epilepsy, consult a doctor before playing video games or other screen-focused activities.
Third party services
The Services may contain links to third party websites or services (“Third Party service(s)”) not owned or controlled by Prodigy, or our Services may be accessed by logging in through a Third Party service. The inclusion of Third Party services does not imply affiliation or endorsement of such services by Prodigy. Prodigy does not control these Third Parties or their services and therefore when you access or use their services, you do so at your own risk and agree without limitation that Prodigy is not responsible for such Third Party services. You represent and warrant you have read and agree to be bound by all applicable policies, in addition to your obligations under this Agreement. Prodigy has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in by any Third Party. In addition, Prodigy will not and cannot monitor, verify, censor or edit the content of any Third Party or their service(s). By using Prodigy’s Services, you expressly relieve and hold us harmless from any and all liability arising from your use of any Third Party service(s).
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree Prodigy shall not be responsible or liable for any loss or damage incurred as the result of any such dealings. If there is a dispute between participants on this site, or between Users and any third party, you understand and agree Prodigy has no interest therin and is under no obligation to become involved.
You agree to defend, indemnify and hold harmless Prodigy and its subsidiaries, agents, licensors and affiliates, and their employees, contractors, agents, officers and directors from claims, damages, obligations, losses, cost or debt and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted by you; (ii) your violation of any term of this Agreement, including but not limited to your breach of any representations or warranties; (iii) your violation of any third party right, including but not limited to any right of privacy or intellectual property rights; (iv) any content or information that is submitted via your account or use of the Services; or (v) any other party’s access and use of the Services with your account credentials.
You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing information or content found inappropriate or offensive by some users (unaffiliated content on social media platforms, e.g., YouTube and Facebook). Prodigy makes no representations or warranties regarding any content contained in or accessed through the Services, and Prodigy is not and will not be responsible or liable for the accuracy, copyright compliance legality or decency of material contained in or accessed through the Services. THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
PRODIGY MAKES NO REPRESENTATION OR WARRANTY THE SERVICES (1) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR BE TO YOUR LIKING; (2) WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, UNINTERRUPTED OR THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (3) WILL BE CORRECTED, REPAIRED OR OTHERWISE RESTORED FOR ANY DEFECTS OR ERRORS THAT OCCUR - SOME FEATURES ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED.
NO ADVICE OR INSTRUCTION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU TO COMPANY HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
WHERE A JURISDICTION DOES NOT ALLOW LIMITATION ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree this Agreement is the complete and exclusive statement of the mutual understanding relating to the subject matter of this Agreement, and all modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind the Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. Except as expressly set forth in this Agreement, you and Company agree there are no third party beneficiaries intended under this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter or this Agreement shall be finally settled by arbitration in Toronto, Ontario, using the English language in accordance with the Arbitration Act of Ontario. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief at any time. For all purposes of this Agreement, the parties consent to the exclusive jurisdiction and venue in the courts of Ontario.
If you have any questions, complaints, or claims with respect to the Services, you may contact us at email@example.com, by mail at 226 Wyecroft Rd., Oakville, ON, L6K 3X7 or call us at 1 866 585 4655.
Last Modified Date: Jan 5, 2022