Terms of Use

Welcome to Ooka Island! Ooka Island program is an interactive adventure that provides the opportunity for children to become confident readers. These Terms of Use will govern your use of this service. Throughout the Terms of Use, “Ooka Island program,” “our program” or “the program” refers to the Ooka Island program and any entity within the program including the Parent Lighthouse, website, or the program itself.

For the purposes of these Terms of Use, the word “you” means the individual accessing the program, and, if applicable, includes any other legal entity on behalf of which an individual is accessing the program. Additionally, you, as an individual, agree not to access the program on behalf of any other legal entity unless you have the authority to bind that legal entity to these Terms of Use.

1. Acceptance of Terms of Use

  • These Terms of Use, which includes our Privacy and Legal policy will govern your use of the program. Please note, before being allowed to access the program or certain features of the program, you may be required to register as a “user” of the program and confirm your acceptance of these Terms of Use by placing a checkmark in the “I Agree” box on the registration page. If you disagree with any term or condition in these Terms of Use, do NOT place a checkmark in the “I Agree” box and discontinue using the program.
  • Please note, certain services and activities available through the program may require you to agree to further terms and conditions. Any such terms and conditions are in additional to these Terms of Use.
  • When signing up to access certain features of the program or participate in certain activities, you warrant that any information you provide about yourself is true and that you agree to maintain and promptly update such information to keep it true and current.
  • By using the program, you represent and warrant that:
    • You have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside;
    • Your use of the program will not violate any applicable law or regulation in the province, state, territory or country in which you reside.
    If you do not have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside, do not use the program unless your parent or guardian agrees to be bound by these Terms of Use in respect of your use of the program and consents to your use of the program.

    If you are a parent or guardian entering into these Terms of Use on behalf of a child or other individual who lacks the capacity to enter into a legal agreement on their own behalf, you will ensure that that child or other individual complies with these Terms of Use.

2. Changes to Terms of Use

  • Ooka Island may, at any time, change these Terms of Use, including the Privacy and Legal policy. Any revisions will go into effect immediately.
  • Ooka Island may, but is not obliged to, ask you to actively confirm your consent to the revised Terms of Use. If Ooka Island does not do so, but you continue to use the program after the changes come into effect, you will be deemed to have agreed to abide by the revised Terms of Use. If you do not agree with the revised Terms of Use without qualification, discontinue using the program and instruct Ooka Island to disable any password for the program assigned to you.
  • Ooka Island reserves the right, in its sole and absolute discretion, to change or modify the program from time to time including but not limited adding or removing functionality or features or changing its name.

3. Content

  • “General Content” means all text, information, data, ideas, links, emails, other messages, chat, postings, code, software, music (including lyrics), sound recordings, videos, other audiovisual works, performances, photographs, pictures, artwork, graphics, video, files, usernames, user profiles, or other materials accessible on the program.
  • General Content is the sole responsibility of the person from whom such General Content originated. Ooka Island will use reasonable efforts to verify the accuracy of any General Content that is posted to any aspect of the program, but we do not guarantee the accuracy, integrity or quality of the General Content that we posts or does not post to the program. Before using or relying on any General Content, you should take reasonable steps to verify its accuracy, completeness or usefulness: you are using it at your own risk.
  • You may make or retain a single printed copy of the individual web pages appearing as part of the program solely for your personal, non-commercial use or records, provided that any proprietary rights notices, marks, logos or other legends that appear on the screens are not removed from the printed copies of the web pages. You may not make any other copies of the General Content or use the General Content for any other purpose. You may not modify, publish, display, transmit, adapt or in any way exploit any item of General Content that you did not contribute to the program, without the express prior permission of the contributor of that item. Otherwise, all rights in and to any item of General Content are reserved by the contributor of that item.
  • Ooka Island, in its sole discretion, may change the General Content from time to time.
  • You agree not to use any crawler, spider, bot or other program to extract (in whole or in part) any General Content accessible on or via the program. You agree not to circumvent any technical measures put in place by Ooka Island to prevent such activities.
  • You agree not to frame any page forming part of the program.

4. Submitting Content

  • Additionally, you, and not Ooka Island, are fully responsible for all General Content that you make accessible on or via the program. You represent, warrant and covenant that you have now and that you will continue to have all necessary rights and authority to grant any licenses in or to such General Content and that such General Content will not infringe any proprietary right of any third party. You also warrant that any “moral rights” in posted materials have been waived and that Ooka Island may rely on those waivers.
  • By submitting, posting, uploading, embedding or sending General Content to Ooka Island or otherwise making General Content available for display on or through the program, you grant Ooka Island the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such General Content (in whole or part) and to incorporate it in other works in each case irrespective of the form, media, or technology used.
  • You agree that you will not use the program to upload, post, email, otherwise transmit or post links to any General Content that:
    • is illegal, encourages or advocates illegal activity or in unlawful;
    • is pornographic or otherwise sexually explicit;
    • is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, belous, invasive of privacy or publicity rights, hateful (racially, sexually, ethnically or otherwise) or victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability;
    • is intended to market, advertise or offer for sale any product or services or solicits others for donations or contributions;
    • is disruptive or destructive to the program or Ooka Island including but not limited to General Content intended to incite violent, emotional disagreements amongst some or all of the users of the program and General Content that is openly hostile to some or all of the users of the program;
    • contains software viruses or any other computer code, files or programs designed to or which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
    • you are prohibited from disclosing to the public under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
    • infringes or contributes to the infringement of any intellectual property, industrial or other proprietary rights, protected or protectable, under the laws of Canada, any foreign country, or any political subdivision of any country, including, without limitation, all copyrights, moral rights (including rights of attribution and rights of integrity), trademarks, service marks, trade names, logos, brand names and other identifiers, trade secrets of any party.
  • You should maintain a backup copy of any General Content that you make available through the program. In any event, Ooka Island will not provide a copy of that General Content to you. Ooka Island is not responsible for General Content that is lost or destroyed for any reason.
  • A submission of General Content is “solicited” if Ooka Island expressly requests or enables you to provide it to Ooka Island for Ooka Island’s review and Ooka Island expressly states that you may receive consideration or compensation for the General Content. Additionally, a submission of General Content is “solicited” if you post it to any public forum on the program and are not seeking any consideration or compensation for it. All other submission of General Content are “unsolicited”.
  • You agree not to use the program to distribute or otherwise make available any unsolicited submissions of General Content, especially any unsolicited submissions that include any concepts, pitches, suggestions, stories, screenplays, treatments, formats or characterizations. You acknowledge that Ooka Island will not accept or consider unsolicited submissions of General Content; and if you make an unsolicited submission of General Content, you have no expectation of review, compensation or consideration of any type.
  • You agree that no submissions of General Content by you to Ooka Island are made in confidence or in trust.

5. Screening and Monitoring Content

  • Ooka Island may but is not obliged to review General Content. Even if Ooka Island does so, the review may not be to your satisfaction. You acknowledge this and the consequence that follows from it: content accessible on or via the program may include materials that are offensive or otherwise objectionable to you.
  • Ooka Island is not obliged but reserves the right to monitor some, all, or no areas of the program from time to time: (i) to verify adherence to these Terms of Use or any other rules, codes of conduct or guidelines posted by Ooka Island in relation to the program; or (ii) as required or permitted by law.
  • Ooka Island reserves the right, in its sole discretion, to reject, refuse to post, remove or block access to any General Content that is available via or on the program at any time, without notice and without liability.

6. Links to Third Party Web Sites

  • Ooka Island may provide via the program, or third parties may provide via the program, links to resources not forming part of the program. Ooka Island has no control over such resources. You acknowledge and agree that Ooka Island is not responsible for the availability of such external resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such resources. You further acknowledge and agree that Ooka Island will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such resource.
  • Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties accessible on or via the program, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You agree that Ooka Island will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the program.

7. Privacy

Ooka Island reserves the right to access, use, disclose and destroy all registration data or other data relation to how users and registered users use the program and general content. You can review our privacy policy here.
 

8. Security

Although Ooka Island has enacted certain safeguards to protect personal information being transmitted to or from the website in connection with any purchase, Ooka Island does not guarantee the security of any such information transmitted to or from the website. Before using or relying on any means of transmitting your personal information to Ooka Island, you should take reasonable steps to verify that the manner of transmission provides an adequate degree of protection: you are using it at your own risk.

9. Communication Preferences

By using the Ooka Island program, you consent to receiving electronic communication from Ooka Island in relation to your account. Such communications may involve sending emails to the email address you provided during your trial or subscription creation and will notify you about your account (e.g. change in password or payment method, subscription receipt, payment authorizations, and other transactional information) and are part of your relationship with Ooka Island. You also consent to receiving other communications from us such as child progress reports, milestones, marketing and/or promotional emails, and customer surveys. If you no longer want to receive certain non-transactional communications, you may log onto your Parent Lighthouse account and manage your email subscription preferences at anytime.

10. Subscriptions, Free Trials, Billing and Cancellation

  • Subscription
    You must provide us with a current, valid, accepted payment method to use Ooka Island.
    • Ongoing Subscription
      • Monthly
        A monthly subscription to Ooka Island will continue month-to-month until you cancel your subscription or we terminate it. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fees.
      • Annual
        An annual or two year subscription to Ooka Island will be a one time purchase and will not renew at the end of the year.
    • Differing Subscription
      Ooka Island may offer a number of subscriptions, including promotional offers or subscriptions with differing conditions and limitations through partnerships. Any subscriptions not mentioned in this Terms of Use will be disclosed at the time of purchase or other communications to you. You can learn more about your subscription details by logging into your Parent Lighthouse account. We reserve the right to modify, terminate, or amend our offered subscriptions.
  • Free Trials
    • Your Ooka Island subscription may begin with a free trial. The free trial period of your subscription lasts for the first level of the program, or as otherwise specified during sign-up. Free trials are for new and expired account holders only. Ooka Island reserves the right to determine your free trial ability.
    • Each account holder is only entitled to one trial license.
  • Billing
    • Recurring Billing
      By starting your Ooka Island monthly subscription and providing an accepted payment method, you authorize us to charge you a monthly subscription fee at the then current rate. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers, and/or changing or adding a plan, and you authorize us to charge you payment method for such varying amounts, which may be billed monthly in one or more charges.
    • Billing Cycle
      The subscription fee for Ooka Island will be billed at the beginning of your subscription.
      • Monthly subscriptions will be billed each month thereafter until you cancel your subscription. We will automatically bill your payment method each month on the day that your subscription began.
      • Annual subscriptions will only be billed at the beginning of your subscription. After the term of your subscription expires, your account will expire and turn inactive. There will be no recurring payment.
      We reserve the right to change the timing of billing, in particular if your payment method was not successfully settled. “Billing” in these Terms of Use represent a charge, debit, or any other payment clearance against your method of payment.
    • No Refunds Payments are nonrefundable and there are no refund or credits for partially used periods. Following any cancellation, however, you will continue to have access to Ooka Island until the end of your billing cycle. At any time, for any reason, Ooka Island may provide a refund, discount, or credit consideration to some or all of our customers. This decision is at the sole and absolute discretion of Ooka Island. Any instances of credits awarded does not entitle you to any future credits nor obligate Ooka Island to provide any future credits.
    • Payment Methods At any time, you can edit your payment information by logging into your Parent Lighthouse account. If a payment is not successfully completed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method. We may contact you to gather an updated payment method and will offer a grace period of seven days. If you fail to update your payment after these seven days, you acknowledge that Ooka Island has the sole and absolute discretion to put your subscription on hold. Which you can at any time update your payment method by logging into your parent account and continue the program where your child left off last.
    • Cancellation At any time you may cancel your Ooka Island subscription, and will continue to have access to your account through to the end of your monthly billing periods. We do not provide refunds or credits for any partial month subscriptions periods or account inactivity. To cancel your subscription, login to your Parent Lighthouse account and submit our cancellation form.

11. Ooka Island Services

  • Your subscription with Ooka Island is for personal and non commercial use. Your subscription to Ooka Island grants you a non-transferable, limited license to access the program.
  • We continually update the Ooka Island program including the Parent Lighthouse, pricing, service levels, user interfaces, subscription plans, and the program itself. In addition to these updates, we continue to test such changes and reserve the right include you or exclude you from these tests without notice. We reserve the right to make changes from time to time and without notice in how we operate and offer Ooka Island.

12. Passwords and Account Access

  • The person who created the Ooka Island account and whose payment method is charged is referred to as the Account Owner. It is the account holder that has control over the Ooka Island subscription. This control is exercised through the use of the their account owner’s password.
  • As account holder, you are responsible for all activities conducted under that username and passwords, and you will take all necessary steps to ensure that no one other than you uses that login information. The account owner should not reveal their password to anyone.
  • If you have any reason to believe that any password assigned to you has become known to or been used by any other person, you will inform Ooka Island immediately.
  • Ooka Island may, at any time, change any username or password assigned to you, and we will notify you with any changes.

13. Intellectual Property Infringement

  • It is the policy of Ooka Island to investigate and respond to claims of intellectual property infringement.
  • With respect to any jurisdiction that has a notice and takedown scheme similar to the one set out in the United States’ Digital Millennium Copyright Act, upon receipt of any notice from such jurisdiction that alleges copyright infringement and complies with such scheme, Ooka Island will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Ooka Island may attempt to contact the person who has posted such material in order to give that person an opportunity to respond to the notification, although Ooka Island makes no promise to do so. Any and all counter notifications submitted by that person will be furnished to the complaining party. In all circumstances, Ooka Island will give the complaining party an opportunity to seek judicial relief in accordance with any applicable law before Ooka Island replaces or restores access to any material as a result of any counter notification.
  • Notice of a claim of infringement should be directed to:
    Ooka Island Inc.
    Box Office 25013 Charlottetown, PE C1A 9N4
    Attention: Customer Service

    Telephone: 877-307-3616
    Fax: 877-567-3115
    Email: info@ookaisland.com

  • Please indicate “Notice of Infringement” in the subject line of any such notification and include in such notice:
    • a reasonably detailed description of the material alleged to be infringing and the proprietary rights alleged to be infringed;
    • your contact information, including address, telephone number, fax number and email address; and
    • an express statement that you, as the complainant, have a good faith belief that the use of the material alleged to be infringing in the manner complained of is not authorized by the person who owns the copyright in such material.

14. Use of Information Submitted

Ooka Island is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us. This includes any responses to surveys without further compensation, acknowledgement or payment to you for any reason including, development, marketing, modifying or improving the Ooka Island program.

15. Customer Support

To find more information about our program and its features, or to get assistance with your subscription, please visit our Support Desk. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our program, these Terms of Use will control.

Disclaimers

The program and general content are provided “as is” and “as available,” without warranty or conditions of any kind, either express or implied. Without limiting the preceding sentence, Ooka Island specifically disclaims all representations, warranties, covenants and conditions with respect to the program or otherwise arising from these terms of use, including, but not limited to: (i) any warranty concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness, or otherwise of the general content; and (ii) any warranty of title, non-infringement, merchantability or fitness for a particular purpose.

Without limiting the terms and conditions set out in the preceding paragraph, Ooka Island does not warrant that the program or any General Content:

  • will be available at all times;
  • will operate without errors;
  • will be accessible regardless of the hardware or software that you wish to employ to access it;
  • is secure, notwithstanding Ooka Island’s use of commercially reasonable efforts to secure it; or
  • is free from viruses or other harmful codes, notwithstanding Ooka Island’s use of commercially reasonable efforts to identify and eliminate any such codes.

All exclusions of responsibility or liability set out in these Terms of Use are made to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on how long an implied warranty may last. If any jurisdiction having applicability to these Terms of Use does not permit any such exclusion or limitation, Ooka Island’s total liability to you in connection with any breach of such a warranty will be subject to the following section entitled “Limitation of Liability”.

16. Limitation of liability

In no event will Ooka Island, its directors, employees, agents or suppliers, be liable for any special, incidental, consequential, punitive, exemplary or indirect damages or property damage arising from or relating to the program, any general content or these terms of use, including without limitation, loss of revenues, loss of profits, business interruption or loss of data, even if Ooka Island has been advised of the possibility of such damages by you or any other person.

In no event will Ooka Island be liable to you or any person with respect to damages incurred by reason of any services or goods received through or advertised on the program or received through any links provided on the program.

Without limiting the terms and conditions set out in the preceding two paragraphs, the maximum amount of the cumulative liability of Ooka Island (including its directors, employees, agents and suppliers) to you or any person, for all claims (including claims for direct damages) arising from or relating to the program, any general content and/or these terms of use shall not exceed $100.00 CDN.

The limitations set out in the preceding three paragraphs shall apply regardless of the cause or circumstance giving rise to the claim, even if such a claim is based in equity, on breach of contract, including fundamental breach or failure of essential purpose, or on tort, including negligence.

The limitations, exclusions and disclaimers in this section and elsewhere in these terms of use apply to the maximum extent permitted by applicable law.

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising from or relating to the program, any general content or these terms of use must be filed within two years after such claim or cause of action arises or be permanently barred.

17. Indemnity

You agree to indemnify Ooka Island, its directors, employees, agents and suppliers and hold them harmless from any and all liability, claims, costs and expenses, including legal fees on a substantial indemnity basis, arising from or relating to your use or misuse of the program or any General Content, or from any person’s use of any account or password you maintain in relation to the program, regardless of whether such use is authorized by you, or results from any breach by you of any of these Terms of Use, or any General Content that you post to the program.

18. Term and Termination

This Terms of Use, as amended from time to time, shall continue in effect for as long as you use the program, unless specifically terminated earlier by Ooka Island.

Ooka Island Island reserves the right, in its sole and absolute discretion, to restrict, suspend or terminate your access to all or any part of the program and terminate any licenses granted to you pursuant to these Terms of Use without notice and without liability.

Upon the termination or expiration of these Terms of Use, you shall: (i) immediately cease using the program and any General Content in your possession for any purpose; and (ii) destroy any General Content in your possession.

Notwithstanding the expiration or termination of the term of these Terms of Use for any reason whatsoever, the provisions of sections 6, 7, 9, 10, 12, 13, 14, 15, 16, 17 and any other provisions of these Terms of Use necessary to give efficacy thereto shall continue in full force and effect and survive such expiration or termination. Any expiration or termination of these Terms of Use shall be without prejudice to rights accruing at or before or in conjunction with or after such termination, or to any remedies or proceedings with respect to such rights.

19. General Terms and Conditions

These Terms of Use constitute the entire agreement between you and Ooka Island with respect to its subject matter, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding its subject matter. There are no representations, warranties, conditions, other agreements, or acknowledgements, whether direct or collateral, express or implied, that form part of or affect these Terms of Use.

No waiver or consent by Ooka Island of or to any breach in the performance or observance by you of any term, condition, covenant, agreement, representation or warranty contained in these Terms of Use shall be effective unless in a writing signed by Ooka Island. Any such waiver or consent shall not constitute a consent to or waiver of any other or subsequent breach of such term, condition, covenant, agreement, representation or warranty unless expressly stated in such waiver or consent. No term of these Terms of Use will be deemed to be waived by reason of any previous failure to enforce it.

Should any provision of these Terms of Use be held to be invalid by a court of competent jurisdiction, then that provision will be enforced to the extent permissible, and all other provisions shall remain in full force and effect.

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to conflict of laws provisions.

Ooka Island shall not be liable for any failure or delay in its performance under these Terms of Use due to any cause beyond its reasonable control.

Any notice or other communication given pursuant to these Terms of Use shall be in writing and sent by email or courier. Notices sent to you shall be sent to any email address or address that you provided to Ooka Island. Notices sent to Ooka Island shall be sent to Ooka Island at the address then listed on the Contact Us page of the program. Notices sent by email shall be deemed received one business day following transmission. Notices sent by courier shall be deemed received on the date delivered.

The headings used in these Terms of Use are for convenience of reference only. No provision of these Terms of Use will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout these Terms of Use, the term “including” or the phrases “e.g.,” or “for example” have been used to mean “including, without limitation”.

20. Violations of the Terms of Use

Should you violate any provision of these Terms of Use or any other right of Ooka Island, Ooka Island reserves the right to pursue any and all legal and equitable remedies against you.