Effective date: September 30, 2024

These Terms of Service ("Terms") form an agreement between you ("User") and EXPLR PBC Inc. (“EXPLR”) and its partner, Goodwall (“we,” “us,” or “our”), concerning your use of the National STEM Festival platforms, services, and applications (collectively, "Platforms"). By using the Platforms, you agree to abide by these Terms. If you do not agree, please refrain from using the Platforms.

1. Acceptance of Terms  

We may modify these Terms from time to time. Continued use of the Platforms after such changes will signify your acceptance. Substantial changes will be communicated with at least 30 days' notice via your registered email. Your explicit consent will be sought for changes involving personal data, where required.

2. Eligibility  

The Platforms are designed for users aged 13 or older, or users who have received parental or guardian consent. By using the Platforms, you confirm that you meet these eligibility requirements. Unauthorized access by individuals under the required age or without appropriate consent is strictly prohibited.

3. Privacy and COPPA Compliance  

We are committed to protecting your privacy. Please review our Privacy Policy at https://www.nationalstemfestival.com/privacy-policy for details on how we collect and use personal data. 

For users under the age of 13, we comply with the Children's Online Privacy Protection Act (COPPA).  

• -Children under 13 must provide parental or guardian contact information to obtain consent before submitting personal data.

• -Parents or guardians have the right to review, delete, or request changes to their child's information by contacting us at dpo@goodwall.org. Verification of parental authority may be required before any action is taken.

4. Acceptable Use  

Users must comply with all applicable laws and use the Platforms responsibly. Prohibited activities include violating the rights of others, impersonating individuals, submitting false information, and posting content that is harmful, illegal, or inappropriate. Engaging in unauthorized access, distributing malware, or disrupting the Platforms’ services is strictly forbidden.

5. Intellectual Property  

All content on the Platforms, including text, graphics, software, and multimedia, is owned by us or our licensors. You are granted a limited, personal license to access and use this content for non-commercial purposes. Unauthorized copying, distribution, or modification is prohibited without express permission.

6. User-Generated Content  

When submitting content to the Platforms, you affirm that it is your original work and does not infringe third-party rights. By uploading content, you grant us a non-exclusive, perpetual, royalty-free license to use, modify, and distribute it. You waive any rights to be identified as the author of the content.

7. Account Responsibilities  

To access certain features, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and for any activities that occur under your account. Notify us immediately if you suspect unauthorized use of your account.

8. Termination of Use  

We reserve the right to suspend or terminate access to the Platforms for any user who violates these Terms or engages in harmful behavior. Users may terminate their accounts by contacting us directly.

9. Third-Party Websites  

The Platforms may contain links to third-party websites. We are not responsible for the content or practices of external sites. Use third-party resources at your own risk and review their terms and policies before engagement.

10. Disclaimer of Warranties  

The Platforms are provided on an "as is" and "as available" basis. We disclaim any warranties related to fitness for a particular purpose, accuracy, or non-infringement. We do not guarantee uninterrupted or error-free access to the Platforms.

11. Limitation of Liability  

To the maximum extent permitted by law, our liability for any damages arising from your use of the Platforms is limited to $50. We are not liable for indirect or consequential damages, including loss of data or profits, resulting from your use of the Platforms.

12. Indemnification  

You agree to indemnify and hold us and our affiliates harmless from any claims, damages, or liabilities resulting from your use of the Platforms, violation of these Terms, or infringement of third-party rights.

13. Children's Online Privacy Protection Act (COPPA) Compliance  

In compliance with COPPA, we do not knowingly collect personal information from children under the age of 13 without obtaining parental consent. If we become aware that we have inadvertently received such data, we will take steps to delete it. 

If you would like to modify, edit, or delete your child’s information, please contact us at dpo@goodwall.org. For deletion requests, we may ask for verification of your parental authority before proceeding.

14. Governing Law  

These Terms are governed by the laws of the State of New York, USA. Any disputes will be resolved under New York law.

15. Dispute Resolution  

All disputes will be resolved through binding arbitration under the American Arbitration Association's rules. You waive the right to participate in class actions. Arbitration will be conducted in New York.

16. Amendments and Waivers  

Failure to enforce any provision of these Terms does not constitute a waiver. If any part of these Terms is found to be invalid, the remaining sections will still apply.

17. Contact Information  

For questions or concerns about these Terms, please contact us at hello@explr-media.com.