Acorn Terms of Service (USA)

Effective Date: December 20, 2017

Last Updated: June 16, 2018

  1. Introduction

    1. Please read this terms of use agreement (the “Terms”) carefully. These Terms govern your use of any services provided on www.getacorn.com (“Site”) and/or through any web or mobile application(s) we provide, including but not limited to, the “Acorn” mobile application (“Application”). The Site and Application are operated by or on behalf of Acorn, Inc. (“Acorn”, “we”, “us” and “our”).
    2. By using any of the Services (defined below), clicking on the “I ACCEPT” button, completing the registration process, browsing the Site, and/or downloading the Application, you acknowledge and agree that you are forming a binding agreement with us and you represent that (1) you have read, understand, and agree to be bound by these Terms, (2) you are at least 18 years of age, and (3) you have the authority to enter into the Terms. The term “you” refers to the individual or entity identified as the Booking Party or Activity Provider upon registering with our Services on our Site or through the Application. Unless otherwise specified, where we use “you” throughout the Terms, we are referring to both Booking Parties and Activity Providers (each as defined below).
    3. Use of your personal information submitted to or via the Site and/or Application is governed by our Privacy and Cookies Policy.
    4. PLEASE BE AWARE THAT THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
    5. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF TEXAS CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
    6. Your use of, and participation in, certain Services may be subject to additional terms (“SupplementalTerms”) and such Supplemental Terms will either be listed in these Terms or will be presented to you for your acceptance when you sign up to use the supplemental Service. If any terms set forth herein are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. Any Supplemental Terms you agree to are hereby incorporated into these Terms.
    7. AS IT IS OUR POLICY TO CONTINUALLY REVIEW AND UPDATE OUR SERVICE OFFERINGS, WE RESERVE THE RIGHT TO MAKE CHANGES TO ANY SERVICE, AND IN CONNECTION THEREWITH, PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY US IN OUR SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Terms available at the Site and within the Application and any new Supplemental Terms will be made available from within, or through, the affected Service on the Site or within the Application. We will also update the “Last Updated” date at the top of the Terms. We may require you to provide consent to the updated Terms in a specified manner before further use of the Site, the Application and/ or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site, the Application and/or the Services. Otherwise, your continued use of the Site, the Application and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE AND/OR APPLICATION TO VIEW THE THEN-CURRENT TERMS.
  2. Description and use of our Services

    1. Acorn is an application designed to facilitate the listing and booking of fun local activities and events (each, an “Activity”) for children (“Services”). We make our Services available as an online platform for users who list Activities (“Activity Providers”) to connect with users who want to book Activities for their children (“Booking Parties”). By using our Application or Site as a Booking Party, you can conduct a tailored search, searching by age range, area, gender, activity type and date of activity to find the perfect Activity for your child(ren), and book that Activity online. We do not provide or control any of the Activities made available through our Services. You acknowledge that such Activities are controlled and/or otherwise made available by the Activity Providers identified in the listing for the Activity (“Listing”), and that such Activity Providers are solely responsible for their Activities.
    2. We are not owners or operators of the Activity Providers or Activities offered on the Site and/or Application, and we do not manage or control any of the Activity Providers or Activities. Our responsibilities are limited to facilitating the availability of the Services. We are not responsible for and do not assume liability for the accuracy, timeliness or completeness of any content included in a Listing. We are not liable for any costs incurred due to Activity relocation or cancellation. If, as a Booking Party, you have any issues or disputes related to booking or reserving any Activities, we may try to assist you in resolving such issues or disputes, but you ultimately acknowledge and agree to address and resolve such issues and disputes with the applicable Activity Provider, and not with us.
    3. The display of any Activities or Activity Providers on our Services does not in any way imply, suggest or constitute a recommendation by us of those Activities or that Activity Provider, or any sponsorship or approval of us by such Activity Provider, or any other affiliation between such Activity Provider and us.
    4. Certain Activities may be subject to additional terms and conditions and/or privacy policies that will be made available to Booking Parties by the applicable Activity Provider, and that by booking any Activities via our Services, the Booking Party will be bound by and subject to such terms, conditions and/or privacy policies. You agree to abide by such terms and conditions, including payment of all amounts when due in compliance with such terms and conditions. Some Activity Providers may require Booking Parties to sign their liability waiver prior to participating in their Activities. Any violation of any Activity Provider’s terms and conditions may result in a cancellation of a Booking Party’s reservation(s), being denied access to the applicable Activities, forfeiting amounts paid for such reservation(s), and/or in our debiting of the Booking Party’s account for any costs we incur as a result of such violation.
    5. We do not represent or warrant that a Booking Party’s participation in any Activities made available for reservations via the Services are advisable or without risk, and we shall not be liable for any damages, losses or liabilities that may result from any participation by a Booking Party or Booking Party’s child in such Activities.
  3. Registering with us

    1. In order to access all the features and functions of the Services, you must first register an account with us.
    2. Registering as an Activity Provider. If you are an Activity Provider, in order to create a new Listing, or to claim an existing Listing that is featured on the Site or Application, please go to https://partner.getacorn.com/register. You only need to register once, even if you post multiple Activities on your Listing.
    3. Registering as a Booking Party. If you are a Booking Party, you may register one of two ways. First, you can register an account on our Site or Application. You may also access the features and functions of the Services by logging in through one of your social networking accounts or other third party accounts, such as Facebook (“SNS” and each such account, a “Third-Party Account”), and allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. If you register an account with us using a Third-Party Account, you represent that you have the right to grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without requiring us to pay any fees or subjecting us to any usage limitations imposed by such third-party service providers.By granting us access to any Third-Party Accounts, we may access, make available and store (if applicable) any listing and other information, photographs, data, text, software, graphics, video, messages, tags and/or other materials accessible through the Site and/or Application that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site or Application via your account. You may also share Your Content obtained or accessed through the Services with such Third-Party Account. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Site or Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE WILL HAVE NO LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO THEM BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non infringement, and we are not responsible for any SNS Content.
    4. Please note that additional eligibility criteria may apply to a particular Service, where indicated on the Site or Application. It is your responsibility to ensure you satisfy the minimum eligibility criteria before choosing to register with us. By doing so, you confirm to us that you do meet all of the minimum eligibility criteria.
    5. To register, you must provide us with accurate, complete and up-to-date contact information, including your name, the name/nickname of your child, your child's age and your email address. You may also provide a picture of your child if you wish, to be used as part of their profile (please note this picture will not be publicly displayed). You are responsible for the information you provide to us. You must promptly update your account information online in the event of any changes to this information.
    6. We may, in our sole discretion, refuse to offer the Site or Application to any person or entity and may change the Site or Application’s eligibility criteria at any time. If applicable laws prohibit your use of the Site or Application, then you aren’t authorized to use the Site or Application. We are not responsible if you use the Site or Application in a way that breaks the law.
  4. Username and password

    1. Upon registration for an account with us, you will be asked to create a password. You must keep your password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorized user of your account and, accordingly, you must not disclose your password to anyone else. You should contact us immediately upon discovering any unauthorized use of your account or error in the operation of your password (see Contacting us). Any breach of these Terms and/or any use of your account by anyone to whom you disclose your password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.
    2. You must cease to use and delete the password for your account upon termination of your account for whatever reason.
  5. Submission of Listings

    Note that the following provisions set forth in this Section 5 apply only to ActivityProviders.

    1. Once you have successfully created an Activity Provider account, you may submit or update your Listing to your account, to be displayed on the Site and Application. We may, but are not required to, review all Listings you submit and may ask questions about the Activities you intend to post, and have the right to reject some or all postings submitted by you, in our absolute discretion.
    2. By submitting a new Listing for use on the Site and/or Application, you represent and warrant that:
      1. You have the necessary authority to provide all information within that Listing, including postings about Activities (collectively, “Listing Content”); and
      2. All Listing Content provided is accurate, truthful and will be kept up-to-date.
    3. By claiming an existing Listing, you represent and warrant that:
      1. You have the necessary authority to act on behalf of your business to claim the Listing and to provide the Listing Content required to update the Listing; and
      2. All Listing Content you provide to update the Listing is accurate, truthful and will be kept up-to-date.
    4. You will be able to update or remove any part of your Listing through your account at any time and are responsible for ensuring that all content in your Listing is accurate and kept up to date. If you transfer management or ownership of the Activity (or any material part of it) you should notify us as soon as reasonably practicable of such a change. You can notify us using the details in the Contact Us section of these terms.
    5. Even if we approve a Listing or allow it to be made available through the Application, we may in our absolute discretion, suspend the availability of some or all of your Listing Content or remove it from the Application and may, but are not required to, require changes to the Listing.
    6. You agree that, by submitting any Listing Content for use on our Site and/or Application, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Listing Content (in whole or part) and/or to incorporate it in other works in any form, media or technology, now known or hereafter devised.
    7. We shall take reasonable measures to satisfy ourselves that any user of the Site and/or Application claiming to operate a business described in a Listing does in fact operate that business or have the business operator's or owner's authority to claim the Listing, and to change or delete that Listing. However, we cannot guarantee that a user of the Site and/or Application who is not authorized to claim, change or delete a Listing may attempt to do so, and where such event occurs, we are not liable to the real business operator or owner of the Listing if fraudulent claims of authority are made.
    8. You, as an Activity Provider are solely responsible for honoring any confirmed Activity bookings and making available any Activities reserved through the Site and/or Application. Further, you acknowledge and agree that you alone are responsible for any and all Listings and Listing Content you post. Accordingly, you represent and warrant that any Listing and any Booking Party’s participation in an Activity offered in a Listing you post (i) will not breach any agreements you have entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws, tax requirements, intellectual property laws, and rules and regulations that may apply to any Activity included in a listing you post (including having all required permits, licenses and registrations), which, for Activity Providers in the UK, includes but is not limited to the UK Consumer Rights Act 2015, and (b) not conflict with the rights of third parties. Please note that we assume no responsibility for your compliance with any agreements with or duties to third parties, or any applicable laws, rules and regulations. We reserve the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application, or other users.
    9. You understand and agree that we do not act as an insurer or as your contracting agent. If a user requests a booking of your Activity, any agreement you enter into with such user is between you and the user and we are not a party to it.
    10. You acknowledge and agree that, as an Activity Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who lead, participate in, or are otherwise present for an Activity at your request or invitation.
    11. We recommend that Activity Providers obtain appropriate insurance for their Activities. Please review any insurance policy that you may have for your Activity carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to users participating in your Activity.
  6. Fees and Purchase Terms

    1. Service Fees. We may charge fees to Activity Providers and/or Booking Parties in consideration for the use of the Site, Application, and/or Services hereunder (“Service Fees”). We may charge Booking Parties a service fee once an Activity has been booked. We may charge Activity Providers a Service Fee (including taxes, if applicable) every time an Activity is booked. With respect to Activity Providers’ Service Fees, we deduct the Service Fee from the Activity Fees paid by a Booking Party, before remitting the balance to the Activity Provider, using the payment method designated in the Activity Provider’s account. The applicable Service Fees will be displayed to an Activity Provider or a Booking Party prior to publishing or booking an Activity. We reserve the right to change the Service Fees at any time and will provide you with notice of any fee changes before they become effective.
    2. Payments. As a Booking Party, you agree to pay all fees or charges to your account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Such fees include, but are not limited to, Service Fees, and fees for your and/or your child’s participation in an Activity (“Activity Fees”). You must provide us with a valid credit card or debit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to booking an Activity. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities.By providing us with your credit card number and associated payment information, you agree that we are authorized to immediately invoice your account for all fees and charges due and payable hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card used for payment hereunder. We reserve the right at any time to change billing methods, either immediately upon posting updated Terms or by e-mail delivery to you. All payments will be made in U.S. dollars.
    3. Cancellations. Cancellations may be made by Booking Parties in accordance with any cancellation terms provided on a Listing or specific Activity posting. Any disputes relating to cancellations by Booking Parties will be resolved by the Activity Provider and the Booking Party directly, without involvement of us, except at our sole discretion.
    4. Third Party Payment Processors.We use Stripe as our third party service provider for payment services (e.g., card acceptance, and related services). By making or accepting any payments on the Site or Application, you agree to be bound by Stripe’s Privacy Policy at: https://stripe.com/us/privacy and hereby consent and authorize us and Stripe to share any information and payment instructions you provide to the minimum extent required to complete your transactions. By making or receiving payments on our Website, you also agree to be bound by Stripe’s services agreement at: https://stripe.com/us/legal/ and Stripe’s connect agreement at: https://stripe.com/connect-account/legal.
    5. Taxes. Where applicable, if any Services, or payments for any Services or Activities, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to us, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify us for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall means, as applicable, any sales or use tax, VAT, and any other tax measured by sales proceeds, that we (or any Activity Provider) is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
    6. Withholding Taxes. You agree to make all payments of fees to us free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to us will be your sole responsibility, and you will provide us with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
    7. Disputes. Booking Parties must notify us in writing within seven (7) days after receiving a credit card statement, if the Booking Party would like to dispute any of our charges on that statement or any payments made by us, or such dispute will be deemed waived. If an Activity Provider disputes any amounts remitted to it for payments by Booking Parties for Activities, the Activity Provider must notify us in writing within seven (7) days after posting of such payment in Activity Provider’s account. Billing disputes should be notified to the following e-mail address: [email protected]
  7. Access to the Site and Application

    1. It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site or Application and is compatible with the Site and Application.
    2. We cannot guarantee the continuous, uninterrupted or error-free operability of the Site or Application. There may be times when certain features, parts or content of the Site or Application, or the entire Site or Application, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site or Application, or any features, parts or content of the Site or Application.
  8. What you are allowed to do

    1. Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
    2. You may only use the Site or Application only in accordance with these Terms. You may retrieve and display content from the Site or Application on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form.
  9. What you are not allowed to do

    1. Except to the extent expressly set out in these Terms, you are not allowed to:
      1. Interfere or attempt to interfere with the proper functioning of the Site or Application, or connect to or use the Site or Application in any way not expressly permitted by the Terms;
      2. Bypass any robot exclusion headers or other measures we take to restrict access to the Site or Application, or use any software, technology or device to send content or messages, 'scrape' content or store content of the Site or Application on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site or Application;
      3. Systematically retrieve data or other content from our Services (including the Site or Application) to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
      4. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services (including the Site or Application);
      5. Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      6. Use, facilitate, create, or maintain any unauthorized connection to Site or Application, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of Site or Application; or (ii) any connection using programs, tools or software not expressly approved by us;
      7. remove or change any content of the Site or Application or attempt to circumvent security or interfere with the proper working of the Site or Application or the servers on which it is hosted; or
      8. create links to the Site or Application from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
    2. You must only use the Site and Application and anything available from the Site or Application for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates. In connection therewith, you may not:
      1. Harm or attempt to harm minors in any way;
      2. Impersonate any person or entity, including, but not limited to, our personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      3. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
      4. Register for more than one account or register for an account on behalf of an individual other than yourself;
      5. Book an Activity for a child for whom you are not the parent, guardian, or other authorized caretaker;
      6. Stalk or otherwise harass any other user of our Services or any Activity Provider; or
      7. Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
      8. All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of these Terms, or in the event we reasonably believe you are or will be in breach of any of these Terms.
  10. User content

    1. The Site and/or Application may allow you to upload user-generated content, including but not limited to Listing Content, and may also allow you to communicate that content, either to selected recipients or in public areas, such as comments/review pages, message boards, and/or news groups (collectively User Content Areas). We do not control the material submitted to User Content Areas (collectively User Submissions), nor are User Content Areas actively moderated. You are solely responsible for the content of your User Submissions as submitted by you and acknowledge that all User Submissions express the views of their respective authors, and not our views.
    2. If you participate in any User Content Areas, you must keep all User Submissions relevant to the purpose of the User Content Area and the nature of any topic.
    3. User Submissions must not:
      1. contain, transmit, distribute, link to or otherwise make available, or advertise or promote any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, likely to incite violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable (Prohibited Content);
      2. impersonate any person or entity or otherwise misrepresent your relationship with any person or entity;
      3. contain, transmit or distribute any unsolicited or unauthorized advertising, marketing or promotional material or other form of solicitation (spam); or
      4. transmit or distribute any virus and/or other code that has contaminating or destructive elements.
    4. You agree that, by submitting any User Submission, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Submission.
    5. While we do not pre-screen User Submissions, we reserve the right, in our sole discretion, to delete, edit or modify any User Submission submitted by you and/or to close any topic, at any time without notice to you.
    6. Complaints about the content of any User Submission must be sent to [email protected] and must contain details of the specific User Submission giving rise to the complaint.
  11. External links

    1. The Site and Application may, from time to time, include links to external sites or services, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or services, or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
  12. Intellectual property rights

    1. All intellectual property rights in any content of the Site or Application (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site or Application. In the event you print off, copy or store pages from the Site or Application (only as permitted by these Terms), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
    2. Under the Digital Millennium Copyright Act (DMCA), users can ask online service providers, like Acorn, to remove material that allegedly violates their copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable any User Submissions alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.
  13. Site and Application features and content

    1. We may change the format, features and content of the Site and/or Application from time to time. YOU AGREE THAT YOUR USE OF THE SITE AND APPLICATION IS ON AN 'AS IS' AND 'AS AVAILABLE' BASIS AND AT YOUR SOLE RISK.
    2. While we try to make sure that content on the Site and Application consisting of information of which we are the source is correct, you acknowledge that the Site and Application may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information on the Site or Application is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
  14. Disclaimer of Warranties and Conditions

    1. WE MAKE OR GIVE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, CORRECTNESS, RELIABILITY, INTEGRITY, QUALITY, FITNESS FOR PURPOSE OR ORIGINALITY OF ANY CONTENT OF THE SITE/ APPLICATION OR ANY LISTINGS OR POSTINGS, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, ARE HEREBY EXCLUDED. WE ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOU OR ANYONE ELSE USING THE SITE/ APPLICATION OR RELYING ON ANY OF ITS CONTENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
    2. We cannot and do not guarantee that any content of the Site or Application will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
    3. AS A BOOKING PARTY, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD US LIABLE, FOR YOUR OR ANY CHILD’S PARTICIPATION IN ANY ACTIVITY BOOKED THROUGH THE SITE OR APPLICATION, OR ANY INTERACTION WITH AN ACTIVITY PROVIDER, AND THAT THE RISK OF INJURY FROM SUCH INTERACTION OR PARTICIPATION, RESTS ENTIRELY WITH YOU.
    4. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES, APPLICATION, AND/OR SITE. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY ANY STATEMENTS OR INFORMATION OF ACTIVITY PROVIDERS, BOOKING PARTIES, OR OTHER USERS OF THE SERVICES, APPLICATION AND/OR SITE, INCLUDING WHETHER A BOOKING PARTY HAS THE AUTHORITY TO BOOK AN ACTIVITY ON THE CHILD’S BEHALF.
  15. Limitations of Liability

    1. Nothing in these Terms shall limit or exclude our liability to you:
      1. for death or personal injury caused by our negligence;
      2. for fraudulent misrepresentation; or
      3. for any other liability that, by law, may not be limited or excluded.
    2. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract that is caused by events outside our reasonable control.
    3. You release Acorn, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to the Site or Application. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
    4. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH COMPANY PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, SITE, AND/OR APPLICATION, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SERVICES, INCLUDING THE SITE, AND/OR APPLICATION; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING ACTIVITY PROVIDERS, ON THE SERVICES; OR (5) ANY OTHER MATTER RELATED TO THE SERVICES, INCLUDING THE SITE AND/OR APPLICATION WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
    5. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ACORN (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100, OR (B) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
  16. Services suspension and termination

    1. If you wish to remove your Listing from the Site and/or Application or terminate your account, you must notify us at [email protected]. We will then discuss with you the options for removal.
    2. We may, from time to time, with or without prior notice, temporarily suspend the operation of any Service and/or the Site or Application (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.
    3. We may, with or without prior notice, terminate any contract with an activity provider (Contract) or suspend and/or terminate any Service and/or your use of your account in the event that you have breached any of these Terms.
    4. If you have breached these Terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:
      1. issue of a warning to you;
      2. immediate, temporary or permanent removal of any content submitted by you;
      3. immediate, temporary or permanent withdrawal of your right to use any Service;
      4. legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
      5. disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.
      The responses described above are not limited, and we may take any other action we deem appropriate.
      Upon termination of any Contract or Service or your account, for any reason:
      1. all rights granted to you under these Terms will immediately cease; and
      2. you must promptly discontinue all use of the relevant Service.
    5. Upon you closing your account with us, we shall delete all your account information (including any photos you may have provided), except to the extent retention of that data is necessary for a time after account closure for our legitimate operations including prevention of fraud, for legal reasons or where otherwise required by law.
  17. Terms Related to Purchases from the Apple App Store

    1. These Terms apply to your use of the Site or Application, including the Application available via the Apple Inc. (Apple) App Store (the Application), but the following additional terms also apply to the Application:
      1. You and Acorn acknowledge that, in the event of any conflict between these Terms and the usage rules set forth in the App Store Terms of Service as of the date of these Terms, the App Store Terms of Service shall control to the extent of such conflict;
      2. Both you and Acorn acknowledge that these Terms are concluded between you and Acorn only, and not with Apple, and that Apple is not responsible for the Application or the Content/Listings;
      3. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Site or Application for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Site or Application;
      4. You will only use the Application in connection with an Apple device that you own or control;
      5. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
      6. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
      7. You acknowledge and agree that Acorn, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
      8. You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Acorn, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
      9. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
      10. Both you and Acorn acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
      11. Both you and Acorn acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
  18. General

    1. You may not transfer or assign any or all of your rights or obligations under these Terms or any Contract. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
    2. All notices given by you to us must be given in writing to the address set out at the end of these Terms. We may give notice to you at either the email or postal address you provide to us when placing an order. For contractual purposes, you (1) consent to receive communications from us in electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
    3. If we fail to enforce any of our rights, that does not result in a waiver of that right.
    4. If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.
    5. These Terms may not be varied except with our express written consent.
    6. These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any contract. We are required by law to advise you that contracts may be concluded in the English language only and that no public filing requirements apply.
    7. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    8. These Terms shall be governed by New York law, excluding its choice of law rules.
  19. Dispute Resolution

    1. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us.
    2. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Site, Application, and/or Services, or to any aspect of your relationship with us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
    3. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
    4. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
    5. Waiver of Jury Trial. YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
    6. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, than then claim must be severed from the arbitration and brought into the State or Federal Courts located in New York, New York. All other claims shall be arbitrated.
    7. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: 245 5th Avenue, Suite 1102, New York, NY 10016, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
    8. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
    9. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
    10. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30 days of such change becoming effective by writing us at the following address: 245 5th Avenue, Suite 1102, New York, NY 10016.

Contacting us

Please submit any questions you have about these Terms or an order you have placed or ordering in general, or any complaint or concern in relation to any Service ordered by email to [email protected] or send us a letter at:

245 5th Avenue
Suite 1102
New York, NY 10016