Terms of Service

Last Modified and Effective as of January 2026

 

The below terms and conditions govern your access to and use of www.iplayilearntoys.com and related applications or websites, including websites for certain iPlay iLearn products and any content, functionality, and services offered on or through the same (each, a “Website” and collectively, the “Websites”). The Websites, along with any services, functionalities and products offered through the Websites may collectively be referred to as “Services” herein.

Within this policy, “you”, “your”, or “User” means a user of the Websites, and “we”, “our”, “us”, or “iPlay iLearn” refers to iPlay iLearn Inc., a Minnesota corporation.

By using the Websites, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound by and to abide by these Terms of Service and our Privacy Policy, found at https://www.iplayilearntoys.com/policies/privacy-policy, incorporated herein by reference (together, the “Policy”). If you do not want to agree to the Policy at any time, you must not continue to access or use the Websites.

The Websites are not intended for use by individuals under the age of 18.

1.                General. We may revise and update this Policy from time to time in our sole discretion. All changes are effective immediately when we post them, or if required by law, when we provide notice to you of such changes. Such changes apply to all access to and use of the Services thereafter, and your continued use of the Services means that you accept and agree to the changes. We will send any notices and messages to you via the email address you provide to us, such as when creating an Account, making a purchase on the Websites, signing up for our email list, or contacting us for support, and you agree to keep your contact information up to date. You are also subject to any additional posted policies and rules related to specific Services and features which may be presented to you at the time of accessing and/or using such Services or features. All such policies are incorporated by reference into this Policy and made part of this Policy.

2.                Provision of Services.

2.1.            We reserve the rights to withdraw or amend any portion of the Services in our sole discretion without notice, and to change prices at any time without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period, or for any price change. From time to time, we may restrict access to some or all parts of the Services or to some or all Users.

2.2.            Certain products may be available exclusively online through the Websites, and we reserve the right to discontinue any product at any time. These products may have limited quantities and are subject to return or exchange only according to our Returns & Refunds Policy found at https://www.iplayilearntoys.com/pages/returns-refunds, which is incorporated herein by reference.

2.3.            We have made every effort to display as accurately as possible the colors and images of our products as such products appear. We cannot guarantee that your computer monitor's display of any color will be accurate.

2.4.            We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made.

3.                Third-Party Links. Certain links available via our Websites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

4.                Your Account. Users may choose to make an account to use the Services we offer (each, an “Account”). For clarity, this Policy applies to all Users, with or without an Account, except as otherwise set forth in specific provisions. If you do create an Account, you must provide true, accurate, current, and complete information when creating the Account, and you agree to promptly update Account information in the event it changes. You are solely responsible for maintaining the confidentiality of any password you choose; you should not provide your Account information to any other person. Your Account may be used only by you personally. You are fully responsible for all activities that occur under your Account.   

5.                Use Restrictions. Users shall not (i) use the Services in any manner that damages, disables, overburdens, or impairs the Services, or interferes with any other party's use of the Services, or in any other manner that is unlawful or prohibited by this policy; (ii) scrape information, data, or content made available through the Services, by any means, manually or through a software program; (iii) create an Account for anyone other than yourself, or give or allow anyone else access to your Account; (iv) access data of a third party through the Services not intended for you; (v) lease, distribute, license, transfer, sell, or otherwise commercially exploit the Services or your access to the same; (vi) use the Services if they are acting as, or on behalf of, a dealer, reseller, or distributor; or (vii) use the Services in any manner to engage in, or assist in engaging in, fraudulent or illegal activities.

6.                Payment and Billing. You may be directed to a third-party payment provider website or application (each, a “Payment Processor”) to complete payments, and you should review the payment policies of such Payment Processor in such cases. If you have the option to complete a payment directly through the Websites, we may engage a Payment Processor to process such payments on our behalf, including but not limited to, Shopify, and such Payment Processor may have separate terms of service or use. We reserve the right to invoice any taxes to you if we are obliged to collect or pay taxes based upon your purchase.

7.                Intellectual Property. As between iPlay iLearn and you, iPlay iLearn owns all of the intellectual property rights related to and incorporated within the Services, and certain aspects of the Services are or may be protected or protectible under applicable intellectual property laws and regulations. You agree you will not try to discover any software code, or reverse engineer any portion, of the Services. You will not attempt to copy or make derivatives of the content presented on the Services, whether for your own use or to provide the same to others. You agree that all of iPlay iLearn's trademarks, trade names, service marks, trade dress, and other iPlay iLearn logos and brand features, and product and service names, are the property of iPlay iLearn (the "iPlay iLearn Marks"). You agree not to display or use in any manner the iPlay iLearn Marks, or any other materials offered on or through the Services, without prior written consent from iPlay iLearn. You agree not to create derivative works based on the Services. All rights not expressly granted herein are fully reserved by iPlay iLearn.

8.                Feedback and Comments.

8.1.            You agree that if you provide us any comments about the Services, and/or any suggested revisions, additions, ideas, or developments to the Services (collectively, "Feedback"), such Feedback shall be the sole and exclusive property of iPlay iLearn, and you will have ‎no right, title or interest of any kind or nature therein or thereto, or in and to any ‎results and proceeds therefrom.

8.2.            We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

9.                Suspension and Termination. You may terminate your use of the Services at any time by logging into your Account if you have one, and terminating your Account when such option is made available to you; otherwise, you may contact us at iplayilearntoys@hotmail.com to terminate your Account. You agree that iPlay iLearn may, without prior notice, immediately terminate, suspend, or otherwise limit your access to or use of the Services, by terminating your Account or otherwise, for any reason or no reason, including as a result of breaches or violations of this Policy.

10.             Disclaimer. IPLAY ILEARN MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE SERVICES, OR ANY RESULTS RECEIVED OR ACHIEVED THROUGH THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. IPLAY ILEARN SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. IPLAY ILEARN MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL: MEET A USER’S OR ANY OTHER PERSON’S REQUIREMENTS; OPERATE WITHOUT INTERRUPTION OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ACHIEVE ANY INTENDED RESULT; BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES; OR BE SECURE, ACCURATE, RELIABLE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. IPLAY ILEARN FURTHER MAKES NO WARRANTY OF ANY KIND THAT ANY DEFECTS OR ERRORS OF THE SERVICES WILL BE CORRECTED, OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  

11.             Limitation of Liability. UNDER NO CIRCUMSTANCES WILL IPLAY ILEARN, INCLUDING ITS STOCKHOLDERS, MANAGERS, DIRECTORS, OFFICERS, REPRESENTATIVES, SUCCESSORS, HEIRS, ASSIGNS, ATTORNEYS, ACCOUNTANTS, AND AFFILIATES, BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR ANY PRODUCT, HOWEVER ARISING. SHOULD IPLAY ILEARN BE FOUND LIABLE TO ANY USER UNDER ANY CLAIM OR CAUSE OF ACTION, EACH USER AGREES THAT IN ANY CASE, THE MAXIMUM AMOUNT OF DAMAGES THAT IPLAY ILEARN MAY BE LIABLE FOR ARISING FROM THIS POLICY OR THE USE OF THE WEBSITES OR SERVICES WILL NOT EXCEED $100.00. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF SUCH JURISDICTION.

12.             Indemnification. You agree to defend, indemnify, and hold harmless iPlay iLearn, along with its affiliates, subsidiaries, parents, successors, assigns, officers, directors, employees, agents, and shareholders, from all liabilities, claims, demands, and expenses, including attorney's fees, made by any third party that arise from (i) your use of the Services, (ii) your violation of this Policy, and (iii) your violation of any rights or policies of another party. iPlay iLearn reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with iPlay iLearn in asserting any available defenses.

13.             Governing Law. This Policy shall be governed by, construed, and enforced in accordance with the laws of Minnesota without giving effect to the conflicts or choice of law provisions thereof. Any action or proceeding seeking to enforce any provision of, or based upon any right arising out of, this Policy shall be brought in any court of appropriate jurisdiction in Hennepin County, Minnesota.

14.             Geographic Restriction. We make no claim that the Websites, or any of the content on the Websites, are accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

15.             Entire Agreement. This Policy and any terms referenced within this Policy as being incorporated herein, and any other terms you may agree to as you navigate the Websites, contain the entire agreement between iPlay iLearn and you as a User of the Services. No other communications, whether direct or indirect, between you and iPlay iLearn will, or are intended to, alter or supersede any provision of this Policy.

16.             Waiver and Severability. No waiver by iPlay iLearn of any term or condition set out in this Policy shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of iPlay iLearn to assert a right or provision under this Policy shall not constitute a waiver of such right or provision. If any provision of this Policy is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Policy will continue in full force and effect.

17.             Comments and Concerns. We welcome our Users to reach out with any questions on this Policy  by using the following contact email: iplayilearntoys@hotmail.com.