Please read these terms and conditions before you access the content

Accessing and use of this website is subjected to the following terms and conditions. From hereon, we will refer to www.actualconcepts.com as “Actualconcepts”, “website”, “we” or “us” throughout this document (the “Agreement”). If you do not agree to these Terms of use, then please do not use this website. Actualconcepts may at its sole discretion modify these Terms and Conditions at any time and such modifications will be effective immediately upon being posted on this Website. Your continued use of this Website will indicate your acceptance of the revised Terms and Conditions.

TERMS AND CONDITIONS

THIS SECTION APPLIES TO BOTH THE PURCHASERS AND SUBSCRIBERS OF THE CONTENT AT ACTUALCONCEPTS.

BY SUBSCRIBING OR PURCHASING THE CONTENT AT ACTUALCONCEPTS.COM YOU AGREE AND REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY IT. When you subscribe or make any purchase, it is taken for granted that you have read this Agreement and this will be a binding legal agreement between you and K.R. Actualconcepts technologies Pvt Ltd. 
You agree to the following terms and conditions:

  1. Wherever requested and applicable, you agree to provide accurate and current information requested.
  2. (i) keep your username and password secure and confidential;(ii) not permit others to use your main account; (iii) not use other’s accounts; (iv) not share your account’s guest password (if assigned) with more than thirty students of your classroom; (v) not sell, trade, or transfer your account to another party; and (vi) not charge anyone for access to any portion of the Website. 
  3. You agree to pay the the one time or subscription fees as listed at the time of purchase. Wherever subscription services are applicable, you may have to manually renew your account at the end of the subscription term .
  4. Actualconcepts does not handle payment details, and will not do automatic billing or renewal. We may modify the subscription plans; pricing of our products at any time. During the term, we’ll neither charge more in case of a price increase, nor provide price protection or refund in case of a price reduction or promotion.
  5. Actualconcepts service may have occasional downtime due to technical issues, network problems or periodic maintenance.
  6. Actualconcepts shall provide and seek to update, improve and expand the Website content. We may modify, replace or discontinue Website content, with or without notice, partially or entirely for you or for all our subscribers in our sole discretion without liability to you.
  7. Your purchase of the content at Actualconcepts is final and nonrefundable. Before the purchase, you should try out the free games and simulations and review their full listing on your computer and/or tablet device to your satisfaction. No refund will be provided for any reason whatsoever, including but not limited to lack of usage, dissatisfaction, cancellation by subscriber, blocking by school, or termination.
  8. The Website content is licensed to you for your personal, noncommercial, home use or homeschooling only. 
  9. You agree not to share with or provide content to other teachers, their students or other individuals within your school or community.
  10. If you are using the Website at a school, it is your sole responsibility to check and ensure that it is not blocked by your school or district network. 
  11. Actualconcepts reserves the right to terminate your subscription and access to the Website immediately, with or without notice to you, and without liability to you, if we believe that you have violated any term of this Agreement, furnished false information, or interfered with use of the Website by others.
  12. By purchasing a subscription and using the Website, you also expressly accept Actualconcepts’s general terms of use and privacy policy as listed below.

INTELLECTUAL PROPERTY
The content of this website, third-party links, simulations, interactives, games, tools, third-party content and video clips, including without limitation, the software, scripts, text, graphics, photos, activities and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Actualconcepts or its licensors and are protected by copyright law, trademark law, international conventions and other intellectual property laws.
The Materials and content of this Website are provided to you for your personal use and general information only and may not be copied, imitated or used, in whole or in part, without the prior written consent of Actualconcepts or the applicable copyright owner.
In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, are the service marks, trademarks of Actualconcepts and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, service marks, product names and company names or logos mentioned in the website are the property of their respective owners.
The videos section of this Website links to publicly accessible videos on third-party video hosting sites such as YouTube using the source video site’s embedded video player. The videos are streamed from the source video hosting sites. All copyright and ownership of the videos belong to the respective owner or author as specified on the third-party video hosting sites.

CONTENT WRT THIRD PARTY LINKS 
This Website may contain links to, or references to third party websites, services, videos, content, software programs and information. These links are provided for your convenience only. You agree that Actualconcepts does not provide any endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Website. Any information, data, opinions, recommendation, products, marketing promotions, software programs, or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Actualconcepts or its affiliates. Your use of such third party websites and their services is subject to the terms and conditions of use and the privacy policies of such website and their owners.

ACCESS, LICENSE AND RESTRICTIONS
Actualconcepts hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use the Website for school, home and personal use only; provided that (i) you will not copy or distribute any part of the Materials in any medium without Actualconcepts’s prior written authorization; (ii) you will not alter or modify any part of the Materials; (iii) you will not disassemble, decompile, reverse engineer the Materials; (iv) you will not frame or utilize framing techniques or caches to enclose the Materials in any way; and (v) you will otherwise comply with the terms and conditions of this Agreement.
This section will survive the termination of your right to use this Website.

Actualconcepts attempts to provide accurate descriptions of the content in the Materials. However, we do not warrant that descriptions or other parts of the Materials are accurate, complete, reliable, current, or error-free. If content in the Materials is materially misrepresented, your sole remedy is to cease use of that section of the Materials and to notify us of the purported error. Such errors may be corrected as they are discovered at Actualconcepts’s sole discretion.

CHANGES AND SEVERABILITY
Actualconcepts reserves the right to make changes at any time to the simulations, tools, information, names, text, software and programs, images, pictures, logos, trade-marks, products, services, policies, pricing, content and its structure and any other material displayed on, offered through or contained on the Website. Actualconcepts may also discontinue some or all of its services it provides under this agreement. You agree to be bound by any changes Actualconcepts may reasonably make to the Terms of Service and Use when such changes become effective.
If any of the terms or conditions in these Terms of Service and Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.

DISCLAIMER OF WARRANTIES

THIS WEBSITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, SIMULATIONS, TOOLS, SERVICES, CONTENT AND ITS STRUCTURE OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS AND ON AN “AS AVAILABLE” BASIS. ACTUALCONCEPTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE, ITS CONTENTS, OR SUCH SOFTWARE PRODUCTS, CONTENT AND SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS WEBSITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, CONTENT, TIPS, PRODUCT OR SERVICES PROVIDED THROUGH THIS WEBSITE. IN ADDITION, ACTUALCONCEPTS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. IN ADDITION, WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. FURTHER, ACTUALCONCEPTS IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS WEBSITE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU.

LIMITATION OF LIABILITY
IN NO EVENT SHALL ACTUALCONCEPTS, ITS AFFILIATES, ACTUALCONCEPTS LICENSEES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS WEBSITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS WEBSITE; ANY SOFTWARE, CONTENT, TOOLS, TIPS, PRODUCTS, SERVICES OFFERED, SERVICES USED OR PURCHASED THROUGH, CONTAINED IN OR ADVERTISED ON THIS WEBSITE; ANY LINK PROVIDED ON THIS WEBSITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT ACTUALCONCEPTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS WEBSITE. YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS WEBSITE.

INDEMNIFICATION
You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend and hold Actualconcepts and its affiliates and their respective directors, officers, employees, shareholders, other authorized users, agents or other representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against all claims, liability, losses, costs and expenses, including all legal fees and costs arising from or relating to (a) any breach by you of any provisions of these Terms of Service and Use; (b) any violation by you of applicable law; and (c) your use or alleged use of this Website by you or anyone within your control. Actualconcepts reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Actualconcepts’s defense of such claim. Actualconcepts may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs).
This provision shall survive the termination of your right to use this Website.

FORCE MAJEURE
Actualconcepts will not be liable for failing to perform under this Terms of Service and Use because of any event beyond its reasonable control.

TERMINATION
You understand and agree that Actualconcepts may, under certain circumstances and without prior notice to you, terminate your access to and use of the Website. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Agreement, (b) requests by law enforcement or other government or regulatory authorities, (c) extraordinarily high usage affecting use of the Website by others, or (d) technical difficulties.
Complaint handling wrt Copyright ownership
Actualconcepts respects the intellectual property of others. If you believe that any material on this Website has been displayed in a way that constitutes copyright infringement, please notify our Copyright Agent in writing. Email us your claim at support@actualconcepts.com with the following details:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing can be found on the Website (please include URLs);
  • Your address, telephone number, and email address
  • A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you at the bottom of your notification exactly as follows: “I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.”

Please allow up to 10 days for an email response. Also note that you will be liable for damages if you misrepresent that the claimed material is infringing your copyright.