Last Updated: June 20, 2009

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Sundae Media’s relationship with you in relation to this website.

Sundae Media LLC (“Sundae”) operates websites at www.sundaemedia.com and www.edaliveusa.com  for your personal information, education, communication and entertainment. The websites and any Products, Content or Services accessible or made available to you by the website are subject to United States, as well as applicable international copyright laws and treaties affecting intellectual property. The website, Products, Content and Services are owned by Sundae and its licensors


By accessing or using this website in any way, including using any Services, downloading any Products or Content, or merely browsing the website, you agree to be bound by the terms and conditions set forth herein and in any changes thereto that Sundae  may publish from time to time.

Website usage

Trademarks

"EdAlive" and “BRAINtastic” are both registered trademarks of Pathold No. 167 Pty. Ltd. There may well be other trademarks or registered trademarks of respective owners used within this site.

Your Account

If you create an account on any of our websites, you are responsible for all activities that occur under your account or password. You should maintain the confidentiality and security of your password. If you think it has been used in an unauthorized manner, you should report it immediately.

Sundae reserves the right to close accounts, remove or edit content, or cancel orders as appropriate. If we cancel an order, no charge will be incurred by you.

Privacy

Please review our privacy policy as it governs the privacy practices undertaken by Sundae.

Website Availability

We will do our utmost to maintain the availability of the site at all times. However, due to the nature of the internet we cannot guarantee the availability of the site at all times. Maintenance and repairs will be undertaken to improve the site which may disrupt our service from time to time.

Copyright

All material, including text, graphics and source code are the copyright of Sundae or its partners. Any unauthorized use of the materials on this site is strictly prohibited.

Software Packaging Disclaimer

Some software titles may be presented in a packaged form on this website. This is purely for illustrative purposes, and software may not be available in a packaged state. In these instances, software will be shipped in a method consistent with standard packaging procedures.

Product Ordering

Product Pricing and Availability

All products are available at the time of purchase unless you are pre-ordering when the product will be made available as soon as possible after the time of purchase.

Payment

We currently accept VISA, MasterCard, and American Express on our website. Your card will be charged for the purchase at the time your order is placed.

Sales Tax

If you are shipping to California, we are required to collect sales tax.

Delivery

Your order will typically ship the following business day from the day it was ordered. You will receive a confirmation email when your order ships.

Electronic Software Downloads

If you choose to receive your Product electronically, a download link will be provided after you complete your purchase.

Sundae’s Electronic Software Download (ESD) products are provided under the terms of the license agreement applicable to the product. Sundae is committed to the prevention of software piracy and in addition to the standard terms applicable to purchases of physical products, the following terms also apply.

•    All ESD Products remain available to download from your account for 7 days from the date of purchase.
•    During the 7 days following purchase, you may download any ESD products you have purchased a maximum of 3 (three) times.

Returns & Cancellations

If you are not completely satisfied with your purchase, Sundae will refund your money within 30 days from the date of purchase.

Returns for materials purchased from Sundae Media LLC cannot be accepted without a Return Merchandise Authorization (RMA). Please contact our customer service department at support@sundaemedia.com.

Where possible, products should be returned to Sundae in unused condition, with their original packaging. No returns can be accepted after 30 days from purchase or without an RMA number.

Sundae cannot accept responsibility for goods lost in transit after being sent back to us. The return of goods is the responsibility of the sender. The customer is required to pay any return postage or shipping costs.

For a product received via ESD, a form confirming removal of the software from the PC must be filled out, signed and mailed/faxed back to us before a credit will be issued. That form is available here.

Forums and Customer Reviews

Portions of this website provide users an opportunity to exchange ideas and information. Sundae has no obligation to screen, edit, or review postings, and the ideas and information posted do not necessarily reflect the views of Sundae. While using these pages, you may not post, transmit, or otherwise distribute any material that may be unlawful, obscene, defamatory, threatening, infringing on any copyright or other rights of others, or damaging to software or hardware. You may not advertise or solicit on these pages without Sundae’s express permission. Sundae reserves the right to monitor any postings and remove any which it considers, in its discretion, to be offensive or otherwise in breach of these Terms and Conditions.

Sundae reserves the right, which it may or may not exercise, to review, edit, or delete any material that it deems to be inappropriate or in violation of these Terms and Conditions and to deny access to anyone who violates these Terms and Conditions of Use. NOTWITHSTANDING THE ABOVE, SUNDAE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL COMMUNICATED BY THIRD PARTIES THROUGH THESE PAGES OR FOR ANY CLAIMS, DAMAGES, OR LOSSES RESULTING FROM THE USE THEREOF.

By posting or submitting material to these pages you represent that you have all necessary rights in and to such material; that such material will not infringe on any personal or proprietary rights of any third parties; that such material will not contain defamatory, indecent, or otherwise unlawful content; and that such material will not contain any viruses or other destructive features. You authorize Sundae to use and/or authorize others to use such material in any manner or medium.

Links to Other Websites

You may obtain access to other websites through these pages. By providing this service Sundae is not undertaking any responsibility or liability for information or publications of third parties on the Internet even if you access them through these pages.

Warranties and Disclaimers

Sundae makes no representations or warranties with respect to these pages or their contents (including, without limitation, material communicated by third parties), which are provided on an "as is" and "as available" basis. Sundae disclaims all warranties, express or implied, including, without limitation, the implied warranties of title, noninfringement, merchantability, and fitness for a particular purpose, with respect to these pages. Sundae makes no representations or warranties that the services provided by these pages will be uninterrupted and error-free; that defects will be corrected; or that the pages or the server that makes them available are free from viruses, worms, or other harmful components. Sundae also makes no representations or warranties as to whether the information accessible via these pages is accurate, complete, or current.

Limitations of Liability

In no event shall Sundae, its employees or agents, or anyone else who has been involved in the creation, production, or delivery of these pages be liable for any claims, liabilities, losses, and expenses of any kind including, without limitation, any direct, indirect, incidental, compensatory, special, or consequential damages, such as, but not limited to, loss of anticipated profits, benefits, use, or data resulting from the use of these pages, even if Sundae has been advised of the possibility of such damages or losses. You assume all responsibility for establishing such procedures for data back up and virus protection as you deem appropriate.

Jurisdiction and Venue

These pages are controlled and operated by Sundae in the United States and are intended for use within the United States. Sundae makes no representation that materials on these pages are appropriate or available for use in other locations. Those who choose to access these pages from other locations do so on their own initiative and are responsible for compliance with local laws. These Terms and Conditions shall be construed and enforced in accordance with the laws of the State of California. Any action to enforce these Terms and Conditions of Use shall be brought in the federal or state courts located in the State of California.

Digital Millennium Copyright Act Compliance

If you believe that any materials posted on this website by others infringe on the copyrights of another party, please contact us. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers. Please send a written notice describing the infringement to our designated agent at the following address:

Designated Agent
Sundae Media LLC
PO Box 192391
San Francisco, CA 94119-2391
Email: info@sundaemedia.com

Your notice must include the following:
•    A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly being infringed;
•    Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works at a single online site, a representative list of such works at the site;
•    Identification of the allegedly infringing material on the Sundae website, and information reasonably sufficient to permit us to locate such material on our website;
•    Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, preferably, an email address;
•    A statement that the complaining party has a good faith belief that use of the materials in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
•    A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.