Terms and Conditions

PRICING/REFUND POLICY

Order Online

Visit our fully integrated e-commerce site; no registration required  In our webstore you can order directly via credit card or generate printed lists to attach to a purchase order.

Order by Mail

Mail your order to Alive Studios LLC, 1461 Harbins Road, Dacula, Georgia, 30019, ATTN: Order Entry.

Order by FAX

You can fax your order to us at 678-248-9390.

Free Shipping and Handling

Shipping and handling on the basic Letters alive Plus, Math alive, and Learning alive Plus Kits are free within the United States and its territories. International shipments and/or bundles that include carts or computers are subject to freight charges. Please call 678-404-7473 or email us at sales@alivestudiosco.com for freight charges on bundles that include carts or for shipping and handling charges on international orders.

Prices and Terms

Prices are our net prices to schools and are subject to change. Applicable sales tax will be added to your invoice. Terms are net 10  days, unless special invoice dating has been granted. Unless otherwise indicated, all prices are in U.S. dollars.

Credit/Procurement Cards

We accept Visa, Mastercard, Discover, and American Express. Please contact our Sales Team at 678-404-7473 if you wish to pay by credit card other than through our e-commerce site..

Return Policy

Alive Studios LLC will replace or issue credit for software and audiovisual materials that are defective, damaged, or incorrectly processed. Please contact our Sales Team by phone (678-404-7473) or email (info@alivestudiosco.com) for assistance.

Orders From Outside the U.S.

For current payment and shipping terms, please FAX your order to Alive Studios LLC marked “ATTN: International” or email it to us at sales@alivestudiosco.com.

30-Day Guarantee

We know you’ll love Letters alive as much as we do. In fact, if you don’t see a positive difference with your students using Letters alive, just return your Letters alive kit within 30 days and we’ll issue a full refund.  Please remember that the Letters alive animals need the right PC specs to give you and your students a great learning experience.  Below are the minimum specs you will need.

System Requirements for Windows PC:
• Operating System: Win 7 (or higher) 32-bit (x86) or 64-bit (x64)
• Processor: Intel i5 or better or AMD equivalent
• RAM: 4GB or higher
• Graphics Requirements:
– open GL 3.0 (or better) Can download for free online
– 512MB or higher RAM
• Supported Graphic Cards:
– NVIDIA or Radeon Discrete graphics
– or Intel HD graphics 4400 or better

for Mac
• Operating System: Mac OS 10.6 or higher
• Processor: Intel i5 or better
• RAM: 4GB or higher (recommended 8GB)

CONDITIONS OF USE

Last updated: May 21, 2014

Welcome to AliveStudiosCo.com.  Alive Studios LLC and/or its affiliates (“Alive Studios”) provide website features and other products and services to you when you visit or shop at AliveStudiosCo.com, use Alive Studios products or services, use Alive Studios applications for mobile, or use software provided by Alive Studios in connection with any of the foregoing (collectively, “Alive Studios Services”). Alive Studios provides the Alive Studios Services subject to the following conditions.

By using Alive Studios Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Alive Studios Services, and sometimes additional terms may apply. When you use an Alive Studios Service (for example, Letters Alive or Alive Studios applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that Alive Studios Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Policy, which also governs your use of Alive Studios Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use any Alive Studios Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Alive Studios Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Alive Studios Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Alive Studios or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Alive Studios Service is the exclusive property of Alive Studios and protected by U.S. and international copyright laws.

TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Alive Studios Service are trademarks or trade dress of Alive Studios in the U.S. and other countries. Alive Studios’ trademarks and trade dress may not be used in connection with any product or service that is not ALive Studios’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Alive Studios. All other trademarks not owned by Alive Studios that appear in any Alive Studios Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Alive Studios.

PATENTS

One or more patents owned by Alive Studios apply to the Alive Studios Services and to the features and services accessible via the Alive Studios Services. Portions of the Alive Studios Services operate under license of one or more patents.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Alive Studios or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Alive Studios Services. This license does not include any resale or commercial use of any ALIve Studios Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Alive Studios Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Alive Studios or its licensors, suppliers, publishers, rightsholders, or other content providers. No Alive Studios Service, nor any part of any Alive Studios Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Alive Studios. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Alive Studios without express written consent. You may not use any meta tags or any other “hidden text” utilizing Alive Studios’ name or trademarks without the express written consent of Alive Studios. You may not misuse the Alive Studios Services. You may use the Alive Studios Services only as permitted by law. The licenses granted by ALive Studios terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

If you use any Alive Studios Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Alive Studios does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Alive Studios Services only with involvement of a parent or guardian. Alive Studios reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

AliveStudiosCo.com wants your voice to be heard! Our Participation Guidelines (“Guidelines”) describe the proper kinds of conduct and prohibited uses of your account and related services (the “Service”). These Guidelines are not exhaustive. We reserve the right to modify these Guidelines at any time, effective upon posting.  By accessing your account and using our Service, you agree to abide by these Guidelines as modified from time to time.

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Alive Studios reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Alive Studios a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Alive Studios and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Alive Studios for all claims resulting from content you supply. Alive Studios has the right but not the obligation to monitor and edit or remove any activity or content. Alive Studios takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Alive Studios respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us directly.

RISK OF LOSS

All items purchased from Alive Studios are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Alive Studios does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Alive Studios does not take title to the refunded item. For more information about our returns and refunds, please see our Pricing and Refund Policies.

PRODUCT DESCRIPTIONS

Alive Studios attempts to be as accurate as possible. However, Alive Studios does not warrant that product descriptions or other content of any Alive Studios Service is accurate, complete, reliable, current, or error-free. If a product offered by Alive Studios itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the Price displayed for products on any Alive Studios Service represents the full retail price listed on the product itself.  The Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.

With respect to items sold by Alive Studios, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Alive Studios is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

ALIVE STUDIOS SOFTWARE TERMS

In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Alive Studios Services (the “Alive Studios Software”).

OTHER BUSINESSES

Parties other than Alive Studios may operate stores, provide services, or sell product lines on or through this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Alive Studios does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE ALIVESTUDIOS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ALIVE STUDIOS SERVICES ARE PROVIDED BY ALIVE STUDIOS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ALIVE STUDIOS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ALIVE STUDIOS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ALIVE STUDIOS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ALIVE STUDIOS SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ALIVE STUDIOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALIVE STUDIOS DOES NOT WARRANT THAT THE ALIVE STUDIOS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ALIVE STUDIOS SERVICES, ALIVE STUDIOS’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ALIVE STUDIOS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALIVE STUDIOS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ALIVE STUDIOS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ALIVE STUDIOS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

Any dispute or claim relating in any way to your use of any Alive Studdios Service, or to any products or services sold or distributed by Alive Studios or through AliveStudiosCo.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

Any dispute related to this Agreement shall be resolved under the Streamlined Arbitration Rules of JAMS in Atlanta, Georgia.  The JAMS rules are available at http://www.jamsadr.com/rules-streamlined-arbitration/ or by calling 1-800-352-5267. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS’s rules. Alive Studios will not seek attorneys’ fees and costs in arbitration for claims resolved in our favor unless the arbitrator determines the claims are frivolous.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Alive Studios Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Alive Studios.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Alive Studios Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions 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 condition.

OUR ADDRESS

Alive Studios LLC
1461 Harbins Road
Dacula, GA  30019

http://www.AliveStudiosCo.com

 

How to Serve a Subpoena

If you have a subpoena to serve on Alive Studios, please note that Alive Studios does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Alive StudiosCo.Com, preferably by mailing the subpoena to us directly at 1461 Harbins Road, Dacula, Georgia 30019.

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases.

Additional Alive Studios Software Terms

 

  1. Use of the Alive Studios Software. You may use Alive Studios Software solely for purposes of enabling you to use and enjoy the Alive Studios Services as provided by Alive Studios , and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Alive Studios Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Alive Studios Software or otherwise assign any rights to the Alive Studios Software in whole or in part. You may not use the Alie Studios Software for any illegal purpose. We may cease providing any Alive Studios Software and we may terminate your right to use any Alive Studios Software at any time. Your rights to use the Alive Studios Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Alive Studios Software that are specifically identified in related documentation may apply to that Alive Studios Software (or software incorporated with the Alive Studios Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Alive Studios Service is the property of Alive Studios or its software suppliers and protected by United States and international copyright laws.
  2. Use of Third Party Services. When you use the Alive Studios Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Alive Studios Software, whether in whole or in part, or create any derivative works from or of the Alive Studios Software.
  4. Updates. In order to keep the Alive Studios Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
  5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Alive Studios Software. If you are a U.S. Government end user, we are licensing the Alive Studios Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Alive Studios Software are the same as the rights we grant to all others under these Conditions of Use.

Participation Guidelines

AliveStudiosCo.com wants your voice to be heard! These Participation Guidelines (“Guidelines”) describe the proper kinds of conduct and prohibited uses of your account and related services (the “Service”). These Guidelines are not exhaustive. We reserve the right to modify these Guidelines at any time, effective upon posting.

By accessing your account and using our Service, you agree to abide by these Guidelines as modified from time to time. Any violation of these Guidelines could result in the suspension or termination of your account or such other action as we deem appropriate. If you want to report any violations of these Guidelines, please e-mail us.

Your Responsibilities

As a passive conduit, our Service enables people to share information about themselves and their personal tastes, and their opinions regarding various products and services. We cannot and do not warrant, verify, or guarantee the quality, accuracy, or integrity of information that you may access. You understand that you shall remain solely liable for any and all information, text, images, photographs, graphics, e-mail addresses, Web pages, reviews, discussion board postings, and other materials (“Content”) that you upload, download, or transmit to our Service.

Prohibited Content and Activities

Our Service may be used only for lawful purposes. We reserve the right to restrict or remove any and all uses or Content that we determine in our sole discretion is harmful to our systems, network, reputation, or goodwill, to other AliveStudiosCo.com customers, or to any third party. The following non-exhaustive list details the kinds of conduct or Content that is prohibited:

  • The upload, download, or transmission of any Content that would violate, or would facilitate the violation of, any applicable law, regulation, or AliveStudiosCo.com rule or policy
  • The upload, download, or transmission of any Content that infringes the intellectual property rights or other proprietary rights of others, including, without limitation, copyright, trademark, patent, or trade secrets
  • The upload, download, or transmission of any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable
  • The upload, download, or transmission of any harmful Content, including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information
  • The upload, download, or transmission of any Content offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, pyramid schemes)
  • The upload, download, or transmission of any domain names, URLs, or hyperlinks
  • The use of the Service for commercial purposes such as advertising, promotion, or solicitation
  • The impersonation of any person or entity or forging of any e-mail communication or any part of a message