Curious George with kite. small bird on ledge

PRIVACY POLICY

Welcome! You are downloading or have installed, opened and/or otherwise are using our Curious George® app ("Curious George App" or “App”). The Curious George App is owned and developed by Houghton Mifflin Harcourt Publishing Company ("HMH," "we," "our" or "us") and is being made available for installation and use pursuant to the Limited Software Warranty and License Agreement below.

This "Privacy Policy" describes how HMH may collect, use and disclose certain information about or in connection with your play and/or other authorized uses of the App.

This Privacy Policy does not apply to data HMH may collect, request or receive from other sources or in connection with the marketing or your purchase of the App. This Privacy Policy also does not apply to the download, installation or use of any other HMH applications or software, or to any visit(s) to any other websites of HMH or its partners. For HMH’s Privacy Policy governing any of your interactions with HMH’s products, properties or websites, please see our Privacy Policy here: http://www.hmhco.com/common/privacy-policy. We also refer you to the privacy policies of any third parties, such as any licensors, promoters, distributors and/or retailers you may have interacted with in connection with any investigation, promotion, distribution or purchase of the App.

Information You Provide to Us. This App, in its current version, does not transmit personal information such as name, email address, or phone number to us or to third–parties.

Please note that you may have provided personal and other information at the time you purchased or downloaded this App from Apple, Amazon, Intel or other third party retailer or other partner associated with the technology, promotion, distribution and/or sale of the Curious George App. HMH may or may not be affiliated with or have any direct contractual relationship with any such third parties, and so any information you provide will be governed by the privacy policies of such third parties.

Information We Collect or Store As You Access and Use the App. We and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information ("Usage Information") whenever you install, open or use the Curious George App. We use this information to support our internal operations and for supporting business analysis and operations, product development, and/or improving our products and services. This Usage Information may include:

  • Network–related information such as IP address, the SSID of your local Internet access point, or the identity of your ISP or carrier;
  • Device technical attributes and characteristics, such as data about your operating system, hardware, display size, screen resolution, and network carrier information;
  • Unique identifiers, such as the physical WiFi address or “MAC address” of your device, platform-specific identifiers such as Apple’s Identifier for Advertising or the Android ID or similar identifiers, as well as device serial numbers;
  • How often you use the App and aspects of your play or use;
  • Certain other Device data, including directly or indirectly derived location information and/or timestamps; or
  • Identifiers and information stored in cookies and web beacons, as well as other technical information.

How and When Do We Disclose Information to Third Parties? We will not share your information with third parties for any third party marketing or advertising purposes. We do disclose information for the following purposes: 

  • To Third Parties Providing Services on Our Behalf. We may use third party vendors to perform certain services on behalf of us such as hosting, operating online services, tracking activities and analytics, delivering content, triggering in-app notifications, and otherwise enabling the App’s functionality. Our vendors are not permitted to use your personal information for their own purposes without your express consent.
  • Interactions with Third Party Platforms. The App or portions of the App may permit some visitors to share content via social media accounts, to interact with a social media plugin or to log on via other third party platform accounts such as those available through Apple's App Center or Facebook, if the visitor has a pre-existing account with those platforms. Certain of these interactions are age-gated and will only permit users who confirm they are at least 13 years old to undertake the interaction. When a visitor uses such social media platforms and plugins, some social media account information may be shared with us, such as a user name. To the extent you access these third party platforms to undertake the interactions, you and your information will be subject to the privacy policy and the terms and conditions governing such third party platforms. 
  • Administrative and Legal Reasons. We may access, use, preserve, transfer and disclose your Usage and Personal Information: (i) as required or permitted by applicable law, regulation, subpoenas, governmental requests or legal process; (ii) to investigate violations of potential violations of the Terms of Use; (iii) to protect the safety, rights, property or security of the Online Services or any third party; and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues. Such disclosures may be carried out without notice to you. 
  • Affiliates and Business Transfer. We may share your information including Usage Information with our parent, subsidiaries and affiliates ("Affiliates"). We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the App or related or similar offerings; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets related to the App, or in connection with any other corporate change, including during the course of any due diligence process.
  • We may share your information (including information which by itself or combined with other information can be personally identifiable information) with third parties in connection with an investigation of fraud, intellectual property infringement, piracy, or other activity that is illegal or may expose you or us to legal liability, including as required by law enforcement or other government officials. We also may share such information with third parties when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage, or when we believe that disclosure is necessary to protect our rights, investigate or enforce our terms and conditions, combat fraud and/or comply with a judicial proceeding, court order or legal process served on HMH.

What Information Do We Collect on Parts of Our Online Services Directed to Children? We have taken steps to have the App comply with the Children’s Online Privacy Protection Act (COPPA). For example, we do not use the App to collect personal information (as broadly defined by COPPA) for purposes of any online behavioral or interest-based advertising during your use. We may, however, in compliance with COPPA, collect or share certain information to support our internal operations, such as: providing analytics, enabling or delivering certain types of content or features, improving or maintaining the App, delivering and measuring the quality of customer experience, or providing or responding to requests for customer support. If you believe that we have collected Personal Information from someone under the age of 13, please contact us at: privacy@hmhco.com.

What About Changes to the Privacy Policy? We reserve the right to change this Privacy Policy at any time without notice to you. Any changes will be effective immediately upon the posting of the revised Privacy Policy.

Relationship to Terms of Use and Other Contracts. This Privacy Policy must be read in conjunction with the App’s Limited Software Warranty and License Agreement (see link above), and the provisions of such Limited Software Warranty and License Agreement are incorporated herein by reference. To the extent the Limited Software Warranty and License Agreement conflict with this Privacy Policy, the terms of this Privacy Policy will control in respect of the subject matter hereof. To the extent this Privacy Policy conflicts with the terms and conditions of any other specific agreement you enter with us, the terms and conditions of such specific agreement will control.

Who Can I Contact? If you have questions, comments or complaints regarding the Privacy Policy for this Curious George App or the manner in which we or our service providers treat your information, contact us at: privacy@hmhco.com.

Curious George App Limited Software Warranty and License Agreement

Houghton Mifflin Harcourt Publishing Company ("HMH" "we" or "us") is the owner and developer of the Curious George® app (the "Curious George App" or “App”). BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE CURIOUS GEORGE APP, AND ANY OTHER MATERIALS INCLUDED WITH THE APP, YOU AGREE TO BE BOUND BY THIS LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (THESE “TERMS”), AS WELL AS THE APP’S PRIVACY POLICY. Copies can be of these Terms and the App’s Privacy Policy can be found here:

App’s Limited Software Warranty and License Agreement: curiousgeorge.com/app-privacy-policy

App’s Privacy Policy: curiousgeorge.com/app-privacy-policy

PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PURCHASE OR DOWNLOAD THIS SOFTWARE AND YOU ARE NOT PERMITTED TO INSTALL, OPEN, COPY OR USE THE CURIOUS GEORGE APP. THE CURIOUS GEORGE APP INCLUDES ALL SOFTWARE DOWNLOADED WHEN PURCHASING THE APP, ANY AND ALL ACCOMPANYING DOCUMENTATION, AND OTHER WRITTEN FILES, ELECTRONIC AND/OR ON-LINE MATERIALS OR DOCUMENTATION, AND ANY AND ALL PERMITTED OR AUTHORIZED COPIES OF SUCH APP AND ITS MATERIALS. THIS APP IS LICENSED, NOT SOLD.

These Terms govern use of the Curious George App, and apply to parents, children, and others who download, install, open and use the App (collectively, "you"). Please read these terms of use carefully.

Our License to You. Subject to your compliance with these Terms, we grant you a limited, non-exclusive license (a) to download the Curious George App and (b) to use one copy of the App in compliance with its available features and documentation for your personal, non-commercial use for play and use on a single computer or device, as applicable, unless otherwise expressly specified in the App’s documentation. Your license rights are subject to your compliance with these Terms. The term of your license under these Terms shall commence on the date that you install or otherwise use the App and ends on the earlier date of either your disposal of the App or the termination of this Terms (as further provided below).

HMH and its licensors own all content and technology available through, or embodied within the Curious George App, including all associated intellectual property rights ("Licensed Content"). The Licensed Content includes templates, formatting, information, software, artwork, text, video, audio, pictures, trademarks, trade dress, activities, and other components of the Curious George App. The App and Licensed Content are protected by U.S. copyright and trademark law and applicable laws and treaties throughout the world. HMH and its licensors retain all of their respective right, title and interest to the App, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works and moral rights.

The Curious George App and Licensed Content is being licensed, not sold, to you, and you hereby acknowledge that no title or ownership in either the App or any of the Licensed Content is being transferred or assigned to you or any other person, and these Terms shall not be construed as a sale of any rights in the App and Licensed Rights. Your license to use the Curious George App is strictly limited; for example (and as further detailed in these Terms below), you are not permitted to copy, republish, modify, reverse engineer, or seek to repurpose the App or other Licensed Content in any way. We reserve all rights not expressly granted to you in and pursuant to these Terms. Additional terms and/or registration may be required to access or download additional App modules or updates or patches, although to be clear HMH shall have no obligation to provide such modules, updates or patches.

Any persons copying, reproducing, or distributing all or any portion of the App or Licensed Content in any manner or medium, will be willfully violating the copyright laws and may be subject to civil and criminal penalties in the U.S. or their local country. Be advised that U.S. copyright violations are subject to statutory penalties of up to $150,000 per violation. The App contains certain licensed materials and Licensor’s licensors may also protect their rights in the event of any violation of these Terms. All rights not expressly granted under these Terms are reserved by Licensor and, as applicable, its licensors.

Restrictions on Your License Rights. You agree not to:

  • commercially exploit the App;
  • distribute, lease, license, sell, rent, or otherwise transfer or assign the App;
  • make a copy of the App or any part thereof (other than as permitted in these Terms to use the App for your personal enjoyment);
  • use, install or make a copy of the App available on a network (or permit others to do same) for use or download by multiple users, or for on-line use, or on more than one computer or gaming unit at the same time;
  • use or copy the App at a computer gaming center or any other location-based site;
  • reverse engineer, decompile, disassemble, display, perform, prepare derivative works based on, or otherwise modify the App, in whole or in part;
  • remove or modify any proprietary notices, marks, or labels contained on or within the App; or
  • transport, export, or re-export (directly or indirectly) into any country forbidden to receive the App by any U.S. export laws or regulations or U.S. economic sanctions or otherwise violate any laws or regulations, or the laws of the country in which the App was obtained, which may be amended from time to time.

Please be advised that the Curious George App may include technical measures to control access to the App, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. The absence of technical measures in any version of the Curious George App shall not be construed as a waiver by HMH or its licensors of its intellectual property ownership or enforcement rights, and does not mean you may copy, use or otherwise make available, or use, the App in violation of these Terms. If present, such technical measures may include license key management, product activation, and/or other security technology in the App, as well as technical methods for passive monitoring usage that do not involve collecting personally identifiable information and may include, but not be limited to, time, date, access, or other controls, counters, serial numbers, and/or other security devices designed to prevent the unauthorized access, use, and copying of the App, or any portions or components thereof, including any violations of these Terms. You may not interfere with, attempt to disable or circumvent, any such access control or other technical measures. If you do, the App may cease to function or not function properly. The App may require an internet or other online connection for the purposes of effecting such technical measures, providing feedback and analytics as contemplated in these Terms or in the above-referenced Privacy Policy, requesting or being provided customer support, and/or supporting other functions related to your enjoyment and use of the App.

Privacy and the Curious George App. We value your privacy and the privacy of all our users. Please review the above-referenced App’s Privacy Policy for information on how we collect, use, and protect your information including, as applicable, any information that may be considered personal or personally identifiable. For the purposes all data privacy issues, including the collection, use, disclosure, and transfer of your personal information and other information, the above-referenced App’s Privacy Policy, as may be amended from time to time, takes precedence over any statements in these Terms.

Limited Warranty. Due to variations in hardware, software, internet connections, and individual usage, HMH does not warrant the performance of the Curious George App on your specific computer or device. HMH does not warrant against interference with your enjoyment of the App; that the App will meet your requirements; that operation of the App will be uninterrupted or error-free; or that the App will be compatible with third-party software or hardware, or that any errors in the App will be corrected. No oral or written advice provided by HMH, retailer or distributor of the App, or any authorized or unauthorized representative shall create a warranty.

THE CURIOUS GEORGE APP IS PROVIDED BY HMH ON AN "AS IS" BASIS. HMH AND ITS LICENSORS DISCLAIM (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE IN THE CURIOUS GEORGE APP OR OF ANY LICENSED CONTENT; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION ON THE CURIOUS GEORGE APP, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE CURIOUS GEORGE APP IS AT YOUR SOLE RISK.

Limitation Of Liability. IN NO EVENT WILL HMH BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM INSTALLATION, INABILITY TO INSTALL, POSSESSION, USE, OR MALFUNCTION OF THE CURIOUS GEORGE APP, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, OR LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE CURIOUS GEORGE APP, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, WHETHER OR NOT HMH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HMH’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE CURIOUS GEORGE APP. IN NO EVENT SHALL HMH’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS HEREUNDER BY YOU, REGARDLESS OF THE FORM OF ACTION, EVER EXCEED U.S. $100.

Local Consumer Law. The laws of your jurisdiction may limit the effect of the warranty disclaimer and limits of liability set out in the preceding sections entitled “Limited Warranty” and “Limitation of Liability.” Please refer to the laws of your jurisdiction. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, DEATH, OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT, THESE LIMITATIONS AND/OR EXCLUSIONS AND ANY EXCLUSION OR LIMITATION OTHERWISE RESULTING FROM THE BELOW INDEMNITY MAY NOT APPLY TO YOU. THE ABOVE WARRANTY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF SUCH WARRANTY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. SUCH WARRANTY MAY GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Indemnity. You agree to defend, indemnify, and hold HMH and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.

Duration Of Rights; Termination. The license we grant to you under these Terms will continue until the earlier of (a) your cessation of use of the Curious George App, (b) our cessation of support for, or offering of the Curious George App, or (c) your failure to comply with these Terms. If you fail to comply with these Terms, the termination of your license is without prejudice to other rights and remedies HMH may hold.

General. These Terms shall be governed in all respects by the laws of the Commonwealth of Massachusetts without giving effect to its conflicts of law provisions. Both parties submit to the exclusive jurisdiction of and venue in the state and federal courts in the Commonwealth of Massachusetts, in the judicial district where HMH resides. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. HMH's failure to act with respect to non-compliance by a user does not waive its right to act with respect to subsequent or similar non-compliance. These Terms, together with the Privacy Policy and other terms and conditions referenced herein to which you may agree to be a party, set forth the entire understanding and agreement between us with respect to the subject matter of these Terms and supersede any prior or contemporaneous understanding, whether written or oral.

Contact Us. You may contact us for any reason at the following address: myhmh@hmhco.com