Last updated: 11.07.12
PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE VIRTUAL PIGGY SERVICE OR OUR WEBSITE.
This User Agreement (the "Agreement") is an agreement between you and Virtual Piggy, Inc. ("We", "Us", "Our", or "VP”) and applies to your and your children’s use of the Virtual Piggy service and any related products and services (collectively the "Service"). The Virtual Piggy Service is an online system that enables parents to facilitate and control their children’s online spending transactions and allows children to make parent-authorized purchases funded by a parent’s credit card from participating online merchants, applications or websites using the Virtual Piggy Service. This Agreement applies whether you access the Service through our website, www.virtualpiggy.com (the “Site”) or one owned or controlled by us or any entity controlled by, in control of, or under common control with us (an “Affiliate”) or a third party website or application, such as a participating merchant’s website.
1. Modifications to Agreement and Service. We may modify the terms of this Agreement or the features of the Service at any time. Such modifications to this Agreement shall be effective upon posting on the Site. Your use of the Site or the Service after a change has been posted to the Site or implemented in the Service will be deemed to your acceptance of such changes. If you do not accept a change to this Agreement or feature of the Service, your sole remedy is to contact us and close your account.
2. Eligibility. To open a Virtual Piggy Account and use the Service, you must (a) be 18 years of age or older, (b) be the parent or legal guardian (“Parent”) of any child you register for a Virtual Piggy Child Account, (c) provide a valid credit, debit or payment card to fund the purchases made using the Service, (d) provide complete and accurate registration information, (e) have an email account, and (f) if you elect to receive mobile or text alerts, if offered, have an SMS-enabled mobile phone. Parents may only register their own children. We reserve the right to refuse to provide or discontinue the Service or close your Virtual Piggy Parent and/or any Child Account at any time for any reason.
By using the Site, a Parent represents and warrants that: (a) all account opening, registration and other information submitted is truthful, accurate, current and complete; (b) they will maintain the accuracy of such information by updating and revising it promptly; (c) they are the parent or legal guardian of any Child for whom they create a Child Account Profile; and (d) their and their Child’s use of the Site will not violate any applicable law or regulation or be for any fraudulent undertaking. You authorize us to make any inquiries, either directly or through third parties, that we consider necessary to validate your Virtual Piggy Account information, including engaging third parties to provide such services as age and identity verification on the Site. We reserve all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their or a Child’s identity, and to suspend use of the Service or cancel a Virtual Piggy Account established using inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that we cannot guarantee the accuracy of any information submitted by any user of the Site or Service, nor any identity information about any particular user.
4. Your Responsibility for User ID, Profile Names and Passwords. Parents are required to create (a) a Virtual Piggy User ID and Password for access to their Virtual Piggy Account, and (b) Child User ID and Password to enable their registered Child to use the Virtual Piggy Service for checkout and payment at participating merchants and to access the “Kids” section of the Site and Account. You and your Child are solely responsible for maintaining the secrecy and security of your Virtual Piggy User ID, Child User ID and passwords and for any use of or action taken under those ID and passwords with the Service. If your passwords or IDs are compromised, Parent must change them immediately and notify us immediately at firstname.lastname@example.org or such other customer service contact address posted on the Site to avoid unauthorized use of your Virtual Piggy Account. By logging into the Site, you represent and warrant that: (i) you are the person who registered for the Services; (ii) that you are using the Services only for permitted purposes; (iii) you will not select or utilize a User ID or password of another person with intent to impersonate that person; (iv) you will immediately notify us of any unauthorized use of your or your Child’s Password, Profile Name or User ID or your Account or any other breach of security; and (v) you will ensure that you exit from your Virtual Piggy Account at the end of each session.
5. Payment for Transactions Using Service. Parents are required to provide us with all necessary information for the credit, debit or payment card accounts or other accounts (“Payment Account”) that will be used to pay for the purchase of goods, products or services from approved participating merchants, applications or websites that are either (a) within the limits set in the Child Profile(s) or elsewhere in their Virtual Piggy Account or (b) subsequently approved by Parent in response to an email or other communication from VP, that are initiated by a registered Child or user of the Virtual Piggy Service (a “Payment Transaction”). We may use the services of one or more third party, hosting providers, processors and/or financial institutions (each a "Processor") to process a Payment Transaction initiated through the Service. BY PROVIDING PAYMENT ACCOUNT INFORMATION, PARENT EXPRESSLY AUTHORIZES VIRTUAL PIGGY, INC., ITS AGENTS, SERVICE PROVIDERS AND PROCESSORS TO CHARGE OR DEBIT THE PAYMENT ACCOUNT FOR ALL PAYMENT TRANSACTIONS. Your authorization will remain in full force and effect while you maintain your Virtual Piggy Account and for any Payment Account listed. We may delay, suspend or refuse to process a Payment Transaction if we suspect the transaction is unauthorized, fraudulent, suspicious or otherwise unusual based on prior transaction activity or other fraud controls. We are not responsible for any fees or interest charged directly by your card issuer. Except for our limited role in processing Payment Transactions, we are not involved in any underlying transaction between you or a registered Child and a participating merchant, service provider, application or website using the Virtual Piggy Service. We are not a bank and do not offer banking services. Your Payment Account information will not be stored in our system; it will be provided to our third party hosting provider or Processor and we or they will maintain a secure token that can be verified with our Processor to facilitate future Payment Transactions without you or your Child having to provide to a merchant or our having to re-transmit Payment Account information for each purchase transaction using the Service. Upon the termination of your Virtual Piggy Account, we will have no obligation to you to store, retain, report, or otherwise provide any copies of, or access to, any records, documentation or other information in connection with any Payment Transaction.
6. Prohibited Uses; Unauthorized Account Activity. A Child may not use the Services to engage in activities that may be illegal for minors under federal and/or state or local laws; including, but not limited to, the purchase or sale of alcohol, tobacco or adult oriented content. We reserve the right to limit or close a Virtual Piggy Account if we believe that the Account is associated with any prohibited use. If you believe that there is an error or unauthorized Payment Transaction or activity associated with your Virtual Piggy Account, you should contact us immediately at email@example.com or such other customer service contact address posted on the Site.
7. Products Purchased Using Virtual Piggy Service; Refunds. When you or your Child use the Service, we will process the Payment Transaction for a third party merchant, service provider, application or website (“Merchant”). You hereby acknowledge that VP is an agent in processing your Payment Transaction. We make no claims as to and shall not be held responsible for the safety, quality, reliability, legality, or fitness for a particular purpose of products and services offered by Merchants and purchased using the Service, nor do we make any claims as to the accuracy of information provided by Merchants about a product or service. We do not guarantee a Merchant's ability to deliver a product or service. Please refer to the Merchant's Terms of Service for more information about their warranties and responsibilities to you. When you or your Child places an order on a Merchant's site and pay for the order using our Service, the Merchant may not be required to accept the order. You agree not to hold VP liable for any damages resulting from the rejection of an order placed with a Merchant. We will not process a charge from your Payment Account when a Merchant rejects your order. The Merchant, and not VP, is responsible for refunding or compensating you for returned items. Please refer to the Merchant’s refund and return policy for whether and how returns and refunds will be accepted and processed.
8. Mobile Text Services. Virtual Piggy may in the future include a feature enabling Parents to receive SMS text message alerts and notifications (“Mobile Services”) about transactions initiated by their children as established in their Virtual Piggy Parent Account or Child Profile. In the event that Mobile Services are provided, we reserve the right to charge a fee for such Mobile Services, which fee will be disclosed on the Site where Parents have the ability to select the Mobile Services feature or otherwise during the Mobile Services registration process. Your Carriers, such as message and data rates as well as access charges, may also apply charges to Mobile Services. To stop any Mobile Services from VP at any time, send a text message with STOP, END or QUIT to the program's mobile short code. Alternatively you may also log into your profile on VirtualPiggy.com and change your notification settings. Your mobile device must have text messaging capability to use any Mobile Services. By opting into any Mobile Services you represent that you are the owner of the mobile device and that you are at least eighteen years old. To contact us, you may send an email to firstname.lastname@example.org, or call 610-825-8805 or text HELP to the program’s mobile short code. In addition to all other terms and conditions set out herein, your dealings with any Carrier in connection with the Site, any Mobile Services or any other Services, including payment for and delivery of any participation in any promotions offered by any Carrier, and/or any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Carrier. We shall not be responsible or liable for any part of any such dealings or promotions.
9. Links to other Websites. Our Site may contain links to other websites operated by third parties. VP has no control over third-party sites, is not responsible for the content or accuracy of or products and services provided by such sites, does not guarantee the content of such sites is accurate, legal, and/or inoffensive, and does not investigate, monitor or check such sites. Inclusion of any linked website on our Sites does not imply approval or endorsement of the linked third-party sites, products or services by VP, and we do not warrant that they do not contain viruses or other features that may harm your computer. When you access third-party sites you do so at your own risk. If you use our Site to link to a third-party site, you understand and agree that you may not make any claim against us for any damages or losses resulting from linking to and/or using said site.
10. Termination. You may terminate this Agreement by closing your Virtual Piggy Account at any time. You may also close any single Child Account Profile without terminating your Parent Account, at any time upon notice to us, and your Parent Account will remain active. Upon closure of an Account, any pending transactions associated with that Account will be cancelled. We may terminate this Agreement and close your Virtual Piggy Parent Account or close or suspend any Child Account Profile for any reason at any time upon notice to you. If a Parent Account is terminated, any Child Account Profiles associated with that account will terminate concurrently and automatically. Without limiting the foregoing, we may suspend the Service and access to your Account if (a) you have violated the terms of this Agreement, (b) you pose an unacceptable fraud risk to us, or (c) you provide false, incomplete, inaccurate, or misleading information (including without limitation any registration information) or otherwise engage in fraudulent or illegal conduct. We will not be liable to you for compensation, reimbursement, or damages on account of expenditures or commitments in connection with your use of the Service, or for any termination or suspension of the Service. Any termination of this Agreement does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in this Agreement. In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: 7, 10 through 16.
12. License. During the term of this Agreement, you may use the Virtual Piggy Materials only for your internal purposes and solely as necessary for your use of the Service. "Virtual Piggy Materials" include any software, data, materials, content and printed and electronic documentation (including specifications and integration guides) developed and provided by us or our Affiliates to you for download from the Site or otherwise. Virtual Piggy Materials do not include any software, data or other materials specifically made available by us or our Affiliates under separate license terms or that was created by a third party. You may not, and may not attempt to, directly or indirectly: (a) transfer, sublicense, loan, sell, assign, lease, rent, act as a service bureau, distribute or grant rights to any person or entity in the Service or the Virtual Piggy Materials; (b) remove, obscure, or alter any notice of any trademark, or other intellectual property or proprietary right appearing on or contained within the Service or on any Virtual Piggy Materials; (c) modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Virtual Piggy Materials; and (d) reverse engineer, disassemble, or decompile the Virtual Piggy Materials or the Service or apply any other process or procedure to derive the source code of any software included in the Virtual Piggy Materials or as part of the Service. "Virtual Piggy", "Moggle”, ”Quick Pig”, “QuickConnect”, “PlayMoggle” and other related designs, graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Virtual Piggy, Inc. (collectively, "Trademarks"). Except as expressly approved by us in writing, you may not use any of our Trademarks in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VP. All other trademarks not owned by VP that appear on the Site or in connection with the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VP. Other than the limited use and access rights and licenses expressly set forth in this Agreement, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to the Service, the Virtual Piggy Materials, our Trademarks, and any other technology and software that we provide or use to provide the Service and the Virtual Piggy Materials. You do not, by virtue of this Agreement, acquire any ownership interest or rights in the Service, the Virtual Piggy Materials, our Trademarks, or such other technology and software provided by us.
13. Site Disclaimer. THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE, THE VIRTUAL PIGGY MATERIALS, THE SERVICE OR ANY APPLICATION, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B) THAT THE SITE, THE VIRTUAL PIGGY MATERIALS, THE SERVICE, OR ANY APPLICATION WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY; OR (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE. YOU AGREE THAT YOU USE OUR SITE AND SERVICE AT YOUR SOLE RISK.
14. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE VIRTUAL PIGGY MATERIALS, THE SERVICE (INCLUDING THE INABILITY TO USE THE SERVICE), ANY APPLICATION USING OUR SERVICE, OR ANY SERVICES OR GOODS PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH OR USING THE SERVICE, WHETHER OR NOT WE MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTHWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AGGREGATE LIABILITY OF US OR OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, USE OF THE SITE OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED TWENTY DOLLARS (US $20.00). In no event will we be liable to you for any failure or delay by us (or our employees, agents, or representatives) in performing our obligations under this Agreement, regardless of whether the failure or delay is caused by an event or condition beyond our control. The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement. Our liability is limited to the greatest extent permitted by law.
15. Indemnity. By using the Site and Service, you agree to indemnify and hold harmless Us and our Affiliates (and our and their respective employees, directors, shareholders, agents and representatives) from and against any and all claims, costs, losses, damages, liability or demand, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Service, the Site, or Virtual Piggy Material; (b) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; and (c) any transaction submitted by you through the Service.
Virtual Piggy Shop Transactions
In accordance with this Agreement, Users agree that any transactions made on the shop.virtualpiggy.com website shall be bound by the iCardMall Terms and Conditions located on such website. Virtual Piggy shall not be responsible for the use of the iCardMall gift card (the “Gift Card”) after its purchase through the Virtual Piggy Service. Any further use of the Gift Card shall be governed by the terms and conditions of iCardMall and the respective merchant elected for the Gift Card’s use.
Use of the Virtual Piggy Wishlist
This Agreement shall incorporate the Wishlist terms and conditions below.
I. General Disclaimer
In accordance with this Agreement, the actions of the Child/User populating his/her Wishlist shall be monitored at the sole discretion of the parent or legal guardian who controls the Virtual Piggy Account.
II. User Content Added to Wishlist
(a) The Virtual Piggy Wishlist is configured to allow the User/Child to add third party content to his/her Wishlist, as well as images and text from any URL, limited to gif, jpg, jpeg, and png (collectively “User Content”).
(b) Standards. You agree not to submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from your User Content, and you shall indemnify Virtual Piggy for all claims arising from the content you supply. Furthermore, you represent and warrant that your User Content:
• complies with applicable laws;
• will be truthful, non-misleading and non-deceptive;
• will not contain any material which is tortious (e.g. defames or invades the privacy of any person, etc.), obscene, offensive, hateful or inflammatory;
• Will not promote sexually explicit material or violence, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Does not breach any legal duty you owe to a third party, such as a contractual duty or duty of confidence;
• Will not be threatening, abuse or invade another’s privacy, or provided with an intent to harass, upset or embarrass any other person;
• Will not be provided with an intent to impersonate any person, to misrepresent your identity or affiliation with any person, or to falsely give the impression that your User Content comes from someone else; or
• Will not advocate, promote or assist any unlawful act (e.g. criminal acts, copyright infringement, computer misuse, etc.)
Virtual Piggy may monitor, edit, or remove any User Content for violation of these terms, or for any other lawful reason. However, Virtual Piggy has no obligation to look for, edit, or remove (except for removal of content pursuant to Section III herein) any User Content for any reason including, without limitation, violation of these terms.
(b) Grant of Rights and Use. Virtual Piggy does not claim ownership to your User Content. However, by submitting User Content, you automatically grant or warrant that the owner has expressly granted to Virtual Piggy a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicensable and transferable right and license to use, reproduce, distribute, create derivative works based upon, publicly display/perform, transmit and publish the User Content (in whole or in part) as Virtual Piggy, in its sole discretion, deem appropriate in connection with its business and operations. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so called “moral rights” or rights of “droit moral” with respect to the User Content.
III. Copyright Infringement
In appropriate circumstances and in our sole discretion, we may remove or disable access to material on the Virtual Piggy Wishlist or hosted on our systems that may be infringing the copyright of others.
Consistent with the Digital Millennium Copyright Act (“DMCA”), Virtual Piggy will respond to a notice of alleged copyright infringement regarding any information available on a Wishlist or through its Service. Please note that this procedure is exclusively for notifying us that copyrighted material has allegedly been infringed and matters other than informing Virtual Piggy that copyrighted material may have been infringed will not receive a response through this process.
Pursuant to the DMCA, your infringement notification must include the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
• A description of the copyrighted work that you claim has been infringed upon.
• A description of where the material that you claim is infringing is located on the site, including a link or screenshot of the webpage containing the infringing material, if applicable.
• Your address, telephone number and e-mail address.
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please send your notice of copyright infringement to Virtual Piggy’s designated Copyright Agent as follows:
Virtual Piggy, Inc.
1221 Hermosa Ave., Suite 210
Hermosa Beach, CA 90254
Attention: Ashley Kent, Legal Counsel
Virtual Piggy will respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act.