Resource Terms of Use

Hello! Thank you for shopping at Simply Kinder. To make things a little easier to digest, we’ve briefly summarized the “do’s and don’ts” of using our content and materials. In no way is this summary to be viewed or interpreted as a replacement, substitute or full outline of our terms. You understand that this summary supplements and is incorporated in our Terms and Conditions of Use.

 

We strongly encourage you to read our agreement in its entirety and be sure you agree to all terms before purchasing any of our products, but we will start with some frequently asked questions below.  Also, if you have any questions, please email me at Jennifer@SimplyKinder.com.  

      

Our resources are for one classroom use only.  That means that if you are the teacher/educator and teaching a class/students, you have permission to use our resources upon downloading from our website or one of our third party platforms with your students year after year.  


If you are NOT the original purchaser/downloader, you must make your own purchase/download from us and then download the materials for your classroom or household.

Request for Permission to Use Our Content

If you have any request for written permission to use our materials, or any other intellectual property, or if you just are not sure if you can use our materials in the way you’d like, please contact us by sending an email to: Jennifer@simplykinder.com

Our resources CAN be shared in closed, private, online classrooms/platforms such as Google Classroom, Canva, Teams, private Facbeook groups, and Seesaw.  We ask that you extract the pages you need from the file and not post the file in its entirety and that you remove the resource when you are done using it.  (Click here to see direction on how to extract pages from a secured PDF). 

Our resources CANNOT be shared on public platforms like school or district websites, or public forums like Facebook Groups.  (A classroom Facebook group is OK if it is open to just your class).  We also ask that you remove our resources when they are done being used and/or at the end of the school year.  

Yes and no.  We encourage you to work together and share but ask that each person using our resources purchase their own copy of our materials (or an additional license if that option is available) before sharing.  Our resources are for one classroom or household use only. 


❓ Can I share this resource with the teacher next door?  No, not unless they have purchased a copy.  We encourage you to work together, but since our resources are for one classroom use only we ask that everyone download/purchase their own copy.  


❓I tutor students, can I share your resources with the families I tutor?  Yes and no.  Can you share the file with your families – no.  Can you send home a page or two as homework like a classroom teacher would do – yes.  


❓ I teach homeschool, can I share your resources with my homeschool friends?  If you mean can you share the file with other families to do with their students – no. If you mean can I teach a class using your resources to a class with other homeschool families, yes.  If you are teaching the class, you can use our resources if you downloaded them. 


No, our resources cannot be used for commercial use on any websites (such as Outschool), platforms, or courses. 

No.  Our resources are meant to be used as supplemental to partner with good teaching methods.  

FULL TERMS OF USE

Below, please find a more detailed outlining of our terms:

 

Please read these Terms and Conditions of Use (“TOU”) carefully.  You must agree to these TOU before you are permitted to use any Simply Kinder, LLC digital or downloadable resources, printable resources, videos, audio, visuals, or enter any online private forums operated by Simply Kinder, LLC (for any purpose), whether on a website hosted by Simply Kinder, LLC or a third-party website such as teacherspayteachers.com and Facebook.com (collectively “the Resources”).

 

If you do not agree with these TOU, you may not use the Resources.

 

As used in these TOU, the term “Releasees” is defined to include the following: (i) Simply Kinder, LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, representatives, successors and assigns (collectively “the Company, “we” or “us”); (ii) any Company volunteers; (iii) Jennifer Kadar.

 

  1. Users

The Resources are intended and only suitable to be purchased by individuals aged 18 and above. Some of the Resources may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of 18.

 

  1. Payment and Refunds

 

At Simply Kinder, resources you purchase are delivered electronically.

When placing an order, you agree that any and all information you give us is accurate and complete. All orders are subject to acceptance. All prices listed on the Company’s Shop are correct at the time of entering the information, however, the Company reserves the right to change prices of any product at any time. The total price of your order, including any sales taxes, will be displayed prior to your purchase confirmation.

You must check all the details on the confirmation invoice are correct and contact the Company as soon as possible if any details are incorrect.

Discount vouchers, codes and offers cannot be used on previous purchases or sale/ already discounted products unless otherwise stated.

The Company may offer a variety of payment methods to pay for purchases, such as a credit and debit card, or PayPal. We only accept payments in United States Dollars (USD). Cash payments and payments in other currencies will not be accepted. We may change or add to our accepted payment methods at any time and we are not obligated to accept payment by any means other than those accepted at the time of your purchase.

 

If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt.  You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

 

When you purchase any Resources from the Company, you represent and warrant that you’re authorized to make the purchase and to use the payment method and billing information you’ve provided. The Company is not responsible for any additional fees you may be charged by your financial institution such as international transaction fees or overdraft fees.

 

Your satisfaction with the Resources is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Resources, all sales are considered final and nonrefundable once an order is submitted.

 

If you are dissatisfied with your purchase or download, please contact us at jennifer@simplykinder.com and we will do our best to assist you.

 

Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of the Resources, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor.

 

  1. Intellectual Property Rights

 

  1. Ownership of the Content

All intellectual property, which includes but is not limited to, the words, texts, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Resources, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

 

  1. The Company’s Limited License to You:

If you view, purchase, download, or access any of the Resources or Content, you will be considered our Licensee. For the avoidance of doubt, you, and only you, are granted a revocable, limited, non-transferable, non-sublicensable license for only non-commercial and educational use, limited to you only. 

This means you may view, download, print, email and use one copy of individual pages of the Resources or Content for your one classroom or one household, for educational purposes only which includes, but is not limited to, providing the Resources or Content to classroom aides, substitute teachers, and classroom observers as needed.

 

The Company’s Resources may also be purchased on third-party sites such as TeachersPayTeachers.com.

 

You may purchase a license, along with our Resources, on our website or on TeachersPayTeachers.com. If you purchase a license on TeachersPayTeachers.com, you will be subject to separate fees and TeachersPayTeachers.com’s terms and conditions as well as these TOU.

 

The Company’s Resources and Content cannot be shared, disclosed or distributed on any teacher, school or district websites or public forums (e.g., Outschool), nor may the Resources and Content be used to create a course that is to be sold.  All Resources and Content may be used only in and on a closed online platform (i.e., google classrooms or Seesaw) by the purchaser for their students.

 

Each classroom or household must purchase their own Resources for Google classroom, Seesaw or any other closed online platform. The purchasing, viewing, accessing or downloading of the Company’s Content or Resources will grant that one classroom or household a single user, limited, revocable, non-transferable, one classroom or household license only for that classroom or household. A license to use our Resources and Content at purchase and download does not grant the entire company, organization or educational institution, or a group or “team” of teachers, a license. An individual’s purchase and download of materials is for use in one classroom or household only.

 

The distributing, sharing, viewing and accessing of the Company’s Content and Resources in a closed online platform is permitted, however, they cannot be shared in whole. Only relevant, necessary pages and parts of the Resources and Content may be shared on and in a closed online platform and must credit our Company on the last page of the page(s) that may be shared (see link for instructions on properly distributing, sharing and crediting the Company here: [link]). If you decide to split a PDF of our materials, you must leave the credits page at the end of the PDF, along with the links to the clipart. The Company also requires all Company Content and Materials to be removed from a classroom once the Representative is done using them, and at the ending of the school year.

 

You may not republish, create derivatives, reproduce, perform, reverse engineer, translate, duplicate, sell, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Resources or Content for commercial purposes or in any way that earns you or any third-party money. By downloading, printing, or otherwise using the Resources or Content for one classroom or one household use, you in no way assume any ownership rights of the Content – it is still Company property.  Any unauthorized use of any materials found in the Resources or Content shall constitute infringement. 

 

You must receive our written permission before using any of the Content for your own commercial use or before sharing with others.

 

The trademarks and logos displayed on the Resources or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed or the removal of said trademarks, is strictly prohibited without our written permission.

 

All rights not expressly granted in these terms or any express written license, are reserved by us.

 

  1. Use of Free Downloadable Content

 

The Company provides various Resources and Content which users may access in exchange for providing an e-mail address. The Company grants you a limited, non-transferable, revocable, one classroom or one household license to use the Resources provided in exchange for an email address (“Free Content”) for your own educational use.

 

Except as otherwise provided, you acknowledge and agree that you may not republish, reproduce, perform, reverse engineer, create derivatives, translate, duplicate, sell, disclose, distribute to teachers, schools, or district websites that would make our Resources and Content available and accessible to the general public, friends, family, or any other third party, or otherwise use any material from the Resources or Content for commercial purposes or in any way that earns you or any third-party money. By downloading, printing, or otherwise using the Content for one classroom or one household use, you in no way assume any ownership rights of the Content – it is still Company property. You further agree that you shall not create derivative work based on the Free Content and shall not offer any competing products or services based upon any information contained in the Free Content. Any unauthorized use of any materials found in the Resources or Content shall constitute infringement.

 

  1. Unauthorized Use

Your use of any materials found in the Resources or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Resources in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Resources, in addition to any legal or equitable remedies the Company may be entitled to pursue.  This is not a penalty but an agreed liquidated damage charge for the Unauthorized Use.    

You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.

  1. Your License to the Company; Use in Testimonials and Marketing.

By posting or submitting any material during your use of the Resources, such as comments, reviews, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials, and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of the Company’s current or future Resources and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. 

 

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that you may submit to the Company during your use of the Resources and Content that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation or use of any Resources, without compensation to you at any time, now or at any time in the future. 

 

You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, reviews, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Resources or in our Content at any time for any reason.

 

This means you give the Company permission to use anything you submit or post regarding the Resources or any third-party forum or website operated by the Company, or anything captured by the Company during your participation or use in the Resources, including images in which your face is visible and recognizable.  

 

  1. Request for Permission to Use the Content

If you wish to use any of the Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by sending an e-mail to Jennifer@simplykinder.com.

 

If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Resources and Content.

 

  1. Your Conduct; Confidentiality

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.

 

Company is not legally bound to keep your information confidential. Nevertheless, Company agrees to keep all information about our relationship strictly confidential except in very rare circumstances where disclosure is required by law, for example when a court might issue a subpoena for the file or information, or if you threaten to harm yourself, or others. 

 

You agree to keep all information you learn about other users, their business, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.

 

You are responsible for your material and for any liability that may result from the material you post.  You participate, comment, and post material at your own risk.  Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment or review, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others.  

 

The Company, in its discretion, may delete or modify, in whole or part, any post, review, comment or submission to the Company’s and any third-party forums operated by the Company.  The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties.  The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.

 

You are strictly forbidden from the following:

 

  • Causing damage to any Company website or third-party forums operated by the Company
  • Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
  • Demonstrate or communicate disrespectful actions or comments, which include, but are not limited to hate speech, discriminatory comments, physical, or mental or emotional abuse.
  • Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
  • Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
  • Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
  • Sharing private and proprietary information from the Resources with anyone else

We may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website such as facebook.com, which may be updated from time to time.  You agree that you are bound by those rules and they are expressly incorporated into these TOU.

 

If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your use of the Resources and your access to the Content. 

 

  1. Username and Password

For users who would like to create an account on the Company’s website, you will need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Resources or any Content, in whole or part, without notice. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.

 

  1. Termination

The Company reserves the right in its sole discretion to refuse or terminate your access to the Resources and Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the Resources or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Resources and its Content will still apply now and in the future, even after termination by you or the Company.

 

  1. Personal Responsibility, Assumption of Risk, Release, Disclaimers

 

  1. The Resources and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Resources or Content prevents, cures or treats any mental or medical condition. The Resources and Content are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, teacher, financial advisor, or medical professional.  You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results.  You should consult with a professional if you have specific questions about your own unique situation.  The Company disclaims any liability for your reliance on any opinions or advice contained in the Resources. You agree that Company’s Resources are to be used as a tool for education. The Company’s Resources are meant to be used as supplemental and are made to partner with good teaching methods.  You agree that Company is not responsible or liable for providing inadequate education or educational malpractice.
  1. Results Disclaimer. You agree that Company has not made and does not make any representations about the results you may receive as a result of your participation or use in the Resources.  The Company cannot and does not guarantee that you will achieve any particular result from your use of the Resources, and you understand that results differ for each individual.
  1. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
  1. The Company tries to ensure that the availability and delivery of the Resources and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
  1. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE RESOURCES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE RESOURCES OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  1. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE RESOURCES, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE RESOURCES.
  1. Security

Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, The Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company, you accept that you do so at your own risk.

 

  1. Legal Disputes

These TOU shall be governed by and construed in accordance with the laws of the State of Arizona without giving effect to its conflict of laws principles. The state and federal court nearest to Peoria, Arizona shall have exclusive jurisdiction over any case or controversy arising from or relating to the Resources or Content, including but not limited to the Company’s Privacy Policy or these TOU. By using the Resources or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

 

  1. Users Outside United States

The Company controls and operates the Resources from offices in the United States. The Company does not represent that materials in the Resources are appropriate or available for use in other locations. People who choose to access the Resources from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

  1. Indemnification and Release

You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Resources or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available in the Resources or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

 

  1. Force Majeure

The Company shall not be deemed in breach of this Agreement if Company is unable to provide all of the Resources or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to you of its inability to perform or of delay in providing the Resources and shall propose revisions to the schedule for completion or delivery of the Resources or other accommodations, or may terminate this Agreement.

 

  1. General Provisions.

This Agreement may only be modified by agreement of both parties in writing. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.

This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

 

By clicking on the box when signing up for the Resources or making your purchase, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document.  If you do not agree with these TOU, do not purchase or use the Resources or Content.

 

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