Terms and Conditions

Last updated: May 21, 2014

  • Pricing/Refund Policy
  • Conditions of Use
  • Service Terms
  • Participation Guidelines
  • Our Address
  • PRICING/REFUND POLICY

    Order Online
    Order by Mail
    Order by Fax
    Product Descriptions
    Free Shipping and Handling
    Prices and Terms
    Credit/Procurement Cards
    Return Policy
    Orders from Outside the United States and Canada
    30-Day Guarantee

    Order Online
    Visit our webstore – no registration required – where 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.

    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.

    Free Shipping and Handling
    Shipping and handling on the basic Letters alive Plus, Math alive, Learning alive Plus,and Learning alive Plus Suite for HP Sprout Pro kits, as well as Storybooks alive, Journals, and most accessories are free. Shipments and/or bundles that include carts are subject to freight charges. Due to export restrictions we are unable to sell computers outside the United States. Due to the weight of our carts freight costs generally make it prohibitively expensive to ship carts outside the continental United States. Please call 678-404-7473 or email us at sales@alivestudiosco.com for freight charges on bundles that include carts.

    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.

    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 webstore or 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.

    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.

    Credit/Procurement Cards
    We accept Visa, Mastercard, Discover, American Express, and PayPal. 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 (sales@alivestudiosco.com) for assistance. 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.

    Orders From Outside the United States and Canada
    Purchases of the basic Letters alive Plus, Math alive, Learning alive Plus, and Learning alive Plus Suite for HP Sprout Pro kits, as well as Storybooks alive, Journals, and most accessories can be made directly through our website. For other payment terms or methods, please contact us by email at sales@alivestudiosco.com.

    30-Day Guarantee
    We know you’ll love your Alive Studios Products as much as we do. In fact, if you don’t see a positive difference with your students using Letters alive Plus, Math alive, or Learning alive Plus, just return your kit within 30 days of purchase and we’ll issue a full refund. Please remember that the various animals in our kits need the right computer specs to give you and your students a great learning experience. Our kits are both Windows and Mac friendly, though because they are graphics-intensive they require a full desktop or laptop computer and won’t run on tablets, iPads, or phones (though check out our Story Books alive and My Letters alive Journals at https://alivestudiosco.com/product-category/journals/ ) Click here to find our current minimum specs.

    CONDITIONS OF USE

    Privacy
    Electronic Communication
    Copyrights
    Trademarks
    Patents
    License and Access
    Your Account
    Reviews, Comments, Communications, and other Content
    Copyright Complaints
    Other Businesses
    Disclaimer of Warranties and Limitation of Liability
    Disputes
    Applicable Law
    Site Policies, Modification, and Severability

    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 emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email 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 email address, impersonate any person or entity, or otherwise mislead as to the origin of a blog post 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.

    Copyrights 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.

    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 ALIVE STUDIOS 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 Studios 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, Terms and Conditions, 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.

    SERVICE TERMS

    Safety
    Use of Alive Studios Software and Apps
    Use of Third Party Services
    No Reverse Engineering
    Updates
    Export Regulations; Government End Users
    Consent to Collection and Use of Data

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

    Safety
    We want our mobile apps to be a fun and safe experience for everyone. Remember to be alert at all time and stay aware of your surroundings. Use caution using our camera based applications while moving, walking, or otherwise by being distracted or disoriented from real world situations.

    Use of the Alive Studios Software and Apps
    You may use Alive Studios Software and Apps 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 Service Terms and any End User License Agreements. You may not incorporate any portion of the Alive Studios Software or Apps into your own programs or compile any portion of them in combination with your own programs or applications, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Alive Studios Software or Apps or otherwise assign any rights to the Alive Studios Software or Apps in whole or in part. You may not use the Alive Studios Software or Apps for any illegal purpose. We may cease providing any Alive Studios Software Apps and we may terminate your right to use any Alive Studios Software or App at any time. Your rights to use the Alive Studios Software and Apps will automatically terminate without notice from us if you fail to comply with any of these Service Terms, the Conditions of Use or any End User License Agreement. 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) or App and will govern the use of such software or application in the event of a conflict with these Service Terms. 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.

    Use of Third Party Services
    When you use the Alive Studios Software and Apps, 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.

    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 or Apps, whether in whole or in part, or create any derivative works from or of the Alive Studios Software or Apps.
    Updates

    In order to keep the Alive Studios Software and Apps up-to-date, we may offer automatic or manual updates at any time and without notice to you.

    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 and Apps. If you are a U.S. Government end user, we are licensing the Alive Studios Software or Apps 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 or Apps are the same as the rights we grant to all others under these Service Terms.

    Consent to Collection and Use of Data
    You understand and agree that some of our Apps sends to outside organizations and/or their affiliates and service providers certain technical and related information, including but not limited to the information listed in our Privacy Policies.

    If you do not consent to such collection, do not download or use the app. You further understand and agree that PTC and/or its affiliates and service providers may collect and use Statistics: (a) to provide their software and services, (b) to improve and optimize their software and services for different hardware and software requirements on various consumer devices (commonly referred to as device fragmentation), (c) to facilitate the provision of new products, updates, enhancements, technologies, and other services, (d) to improve their software, their services, and other products, services and technologies of PTC or its affiliates, and for any business purpose if de-identified and/or anonymized.

    PARTICIPATION GUIDELINES

    Your Responsibilities
    Prohibited Content

    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 email 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, email 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 email communication or any part of a message

    OUR ADDRESS

    Alive Studios LLC
    1461 Harbins Road
    Dacula, GA 30019
    http://www.AliveStudiosCo.com