Please read carefully the below terms and conditions of use (these “Terms”) before using this website and related online services (collectively, this “Website”). This Website is the sole property of Spelling Buzz, LLC, a Texas limited liability company (“Spelling Buzz”). By using this Website, creating an account (as discussed below), or continuing such use after these Terms have been modified (as discussed below), you agree to these Terms. If you do not agree to these Terms, then do not use this Website.
Spelling Buzz may, in its sole discretion, modify these Terms at any time. You are responsible for reviewing these Terms periodically for changes. After such changes are posted, your continued use of this Website means you agree to these Terms as modified. If you do not agree to these Terms as modified, then do not use this Website.
CONDITIONS OF USE
As long as you comply with these Terms, Spelling Buzz grants you a personal, non-exclusive, non-transferable, limited right to use this Website subject to the following conditions of use. You may not use this Website or the Content (defined below): (a) in violation of these Terms; (b) for any illegal or illicit purpose; (c) for any business or commercial purpose without the prior written consent of Spelling Buzz; or (d) in any way which (1) violates a copyright, trademark, trade secret, or other proprietary right, (2) is defamatory, libelous, threatening, abusive, obscene, or offensive, (3) violates another’s rights including without limitation his/her right to privacy, (4) serves to unlawfully restrain trade or competition or promote unfair trade or competition, (5) interferes with any third party’s access to or use of this Website, (6) facilitates competition with Spelling Buzz, or (7) may cause damage to or allow unauthorized access to Spelling Buzz’s server, network, or any computers, software, hardware, or devices of Spelling Buzz. You are solely responsible and liable for any harm or damages that may result from your use of this Website and the Content, including without limitation damages resulting from any infringement of any copyright, trademark, trade secret, or other proprietary right. For the purposes of these Terms, the term “use” includes account registration, submissions or transmissions to or through, and transmissions and downloads from, the Website.
CREATING AN ACCOUNT
Certain features or services of this Website require you to create and register for an account. Creation or registration of an account constitutes use of this Website and is subject to these Terms.
You may not create an account on this Website if (a) you are under the age of eighteen (18), or (b) your account or right to this Website was previously suspended or terminated. By creating an account, you represent and warrant to Spelling Buzz that you are at least eighteen (18) years of age or older.
Parents and Teachers
Eligible parents or legal guardians of a child may create an account and then add such child as a new “Speller.” By creating an account for such purpose, you represent and warrant to Spelling Buzz that: (a) you are such child’s parent or legal guardian, and (b) you consent to and approve of your child’s limited use as a “Speller” on this Website. Further, you agree to be bound by these Terms on behalf of your child, including with respect to your child’s use of this Website.
Eligible teachers and other educators who wish to use this Website as part of their curriculum may create an account and then add each child as a new “Speller.” By creating an account for such purpose, you represent and warrant to Spelling Buzz that: (a) you have obtained the express consent from such child’s parent or legal guardian, and (b) you are creating an account for educational purposes in line with your current curriculum. Further, you agree to be bound by these Terms on behalf of each child, including with respect to each child’s use of this Website.
Accuracy of Information
You shall provide accurate and complete information to Spelling Buzz in connection with your use of this Website, including without limitation, during the account creation process. Further, you shall periodically review such information and ensure that it is up to date at all times.
Verification of Information
Spelling Buzz may choose, but is not obligated, to verify, either directly or through third parties, any information you submit during the account creation. Spelling Buzz reserves the right to take legal actions in the event it discovers any misuse or misrepresentation of information. You acknowledge and agree that Spelling Buzz is not obligated to verify the identity of any user including verifying whether a user who claims to be a parent or legal guardian of a child during registration is such child’s actual parent or legal guardian.
Confidentiality of Account Information
You are solely responsible for maintaining the confidentiality of your account information and password (“Account Information”) and are solely responsible for all activity associated with your Account Information. You may be held liable for any loss incurred by Spelling Buzz or a third party due to the unauthorized use of your Account Information. You shall promptly notify Spelling Buzz of any unauthorized use of your Account Information, or any other breach of security. Spelling Buzz is not responsible for any loss that may occur as a result of an unauthorized party using your Account Information.
OWNERSHIP AND INTELLECTUAL PROPERTY
The Content is subject to protection under applicable law, including without limitation, intellectual property laws. You may not copy, adapt, distribute, commercially exploit or publicly display any portion of the Content in any manner without the prior, written consent of Spelling Buzz. In addition, you may not delete, modify, or obscure any legal or proprietary notices contained in the Content.
As part of the Content, Spelling Buzz may make available on this Website certain educational exercises, quizzes, activities, and related supplementary materials (the “Exercises”). Spelling Buzz grants you a non-exclusive, non-transferable right to access and use the Exercises solely for your personal, non-commercial purposes. You may not download, distribute, sell, lease, modify, or otherwise provide access to the Exercises to any third party.
Communications or information delivered or provided to you by Spelling Buzz, including without limitation, emails, notices, or documentation, is the exclusive property of Spelling Buzz and you may not store, disclose, publish, copy, transmit, download, upload, or provide to a third party any such communications or information without the prior, written consent of Spelling Buzz. You shall not, for any purpose, create or publish a website that (a) has a similar or related domain name to this Website, (b) contains similar or identical content or information to the Content, (c) displays a similar look and feel to this Website, or (d) offers similar services to this Website.
Spelling Buzz may from time to time post links, references, or advertisements on this Website (collectively, “Links”, such as the Spelling Buzz Facebook page), which may direct you to third party websites, services, and/or content (collectively, “Third Party Content”). Spelling Buzz does not warrant that it has inspected or reviewed any of the Third Party Content and is not responsible for the content of Third Party Content or any consequences resulting from your use of or access to the Third Party Content. Access to or use of Third Party Content is at your own risk. Further, the inclusion of Links on this Website does not imply and may not be deemed an endorsement of or by any third party.
MODIFICATION OF WEBSITE; DISPARAGEMENT
At any time, and without notice, Spelling Buzz may: (a) modify, suspend or terminate access to or operation of any portion this Website for any reason; (b) modify any portion of this Website, the Content, and the Links; and (c) perform maintenance, error correction, or other changes which may result in an interruption of operation of this Website. You shall not disparage Spelling Buzz or any of its officers, members, managers, employees, agents, or representatives. For the purposes of these Terms, “disparage” means any negative statement, whether written or oral, about or regarding any of the parties listed in the foregoing sentence or the services provided by same.
PRICING AND MODEL
This Website may accept payments through one or more payment vendors, including, but not limited to PayPal. Spelling Buzz only receives payment for services through such vendors and does not currently request or collect any payment information directly from you on this Website. If prompted to provide payment information, you will be directed, through Links or otherwise, to certain Third Party Content of the payment vendor. Use of such Third Party Content regarding payment is at your own risk and Spelling Buzz is not responsible for your use or access to such Third Party Content. In addition, Spelling Buzz reserves the right to change its payment model and/or pricing, at any time, and will provide at least thirty (30) days notice to you prior to such change. In the event such payment model is changed from an annual subscription to a monthly subscription, you will be credited for any remaining months left.
VIOLATION OF THESE TERMS; ATTORNEYS’ FEES
In the event Spelling Buzz determines, in its sole discretion, that a provision of these Terms has been violated (any “Violation”), Spelling Buzz may suspend your account and/or terminate your access to and/or right to use this Website, without notice. In no event will Spelling Buzz be liable to you or any third party for such termination as a result of any Violation. You agree that any Violation will cause irreparable harm to Spelling Buzz for which money damages will be inadequate. You further agree that Spelling Buzz has the right to injunctive or equitable relief and that such right is in addition to any other remedies at law or in equity it may have. If Spelling Buzz takes any legal action as a result of any Violation, Spelling Buzz will be entitled to recover from you, and you shall pay, all fees and costs of such legal action, including reasonable attorneys’ fees, and such fees and costs will be in addition to any other relief granted to Spelling Buzz.
Spelling Buzz, in its sole discretion, at any time, without notice, and without penalty, may terminate your account or your use of the Website and remove all or any part of your account, including, but not limited to, the Account Information. Spelling Buzz may also in its sole discretion, at any time, and without notice, discontinue access to the Website or may discontinue this Website entirely. Spelling Buzz will not be liable to you or any third party for any such termination. These remedies are in addition to any other remedies Spelling Buzz may have at law or in equity. You may terminate these Terms at any time by requesting that your account be deleted and by discontinuing use of any and all parts of this Website.
YOU ACKNOWLEDGE THAT THIS WEBSITE, THE CONTENT, AND ANY LINKS ARE PROVIDED TO YOU ON AN “AS IS”, WITH ALL FAULTS, BASIS. SPELLING BUZZ MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY ARISING OUT OF TRADE CUSTOM OR PRACTICE, ANY IMPLIED WARRANTY OF TITLE, AND ANY IMPLIED WARRANTY OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, SPELLING BUZZ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, SAFETY, COMPLETENESS, LIKELY RESULTS, SUITABILITY, OR RELIABILITY OF THE WEBSITE, THE CONTENT, OR LINKS. YOU ASSUME ALL RISK AND LIABILITY FOR YOUR USE OF THIS WEBSITE, THE CONTENT, OR LINKS.
LIMITED LIABILITY AND DAMAGES; INDEMNIFICATION
IN NO EVENT WILL SPELLING BUZZ (INCLUDING ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND CONTRACTORS) BE LIABLE UNDER THESE TERMS OR ON THE BASIS OF TORT OR ANY OTHER LEGAL THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF RELATED TO, WITHOUT LIMITATION: (A) LOSS OF DATA (INCLUDING COSTS OF RECOVERY), (B) LOSS OF PROFIT, (C) DELAYS OR OTHER EVENTS CAUSING BUSINESS INTERRUPTION, (D) DOWNTIME OF THIS SITE OR OTHER TECHNICAL ISSUES, (E) THE USE OR INABILITY TO USE THIS WEBSITE, THE CONTENT, OR ANY LINKS, FOR ANY PURPOSE, (F) TERMINATION OF YOUR RIGHT TO ACCESS OR USE THIS WEBSITE AS A RESULT OF ANY VIOLATION, OR (G) THE ACCURACY OF THE CONTENT ON THIS WEBSITE, EVEN IF SPELLING BUZZ KNEW OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL SPELLING BUZZ’S (INCLUDING ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND CONTRACTORS) LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU, IF ANY, FOR YOUR USE OF THIS WEBSITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM; OR (B) $100.
YOU SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS SPELLING BUZZ, AND ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND CONTRACTORS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, DEMANDS, SUITS, LIABILITIES, FINES, PENALTIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES) ARISING OUT OF OR RELATED TO: (A) THESE TERMS, OR (B) YOUR ACCESS OR USE OF THIS WEBSITE, THE CONTENT, OR LINKS, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE OR CONCURRENT NEGLIGENCE OR GROSS NEGLIGENCE OF SPELLING BUZZ OR THE INDEMNIFIED PARTIES.
THE PROVISIONS REGARDING LIMITED LIABILITY AND INDEMNIFICATION CONTAINED IN THIS SECTION SURVIVE ANY TERMINATION OF THESE TERMS.
GOVERNING LAW; LIMITATIONS; DISPUTE RESOLUTION
You agree that any matter relating to your access and use of this Website, including any disputes arising out of such use, will be governed by the laws of the State of Texas without regard to its conflict of law provisions. Further, you agree that the exclusive venue and jurisdiction for any action, suit, or proceeding are the federal or state courts located in Harris County, Texas. You hereby waive any objection to such jurisdiction and venue. TO THE EXTENT ALLOWED UNDER LAW, YOU MUST BRING ANY CLAIM OR CAUSE OF ACTION ARISING UNDER OR RELATED TO THESE TERMS WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ARISES, OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED. Prior to filing suit, you and Spelling Buzz agree to mediate any controversy or dispute arising out of or in connection with your use of this Website.
You may not transfer or assign these Terms or any rights and licenses granted hereunder without the prior, written consent of Spelling Buzz; however, these Terms and any rights and licenses may be freely assigned by Spelling Buzz. In the event that a court of competent jurisdiction finds a term or provision of these Terms to be invalid or unenforceable, that term or provision shall be eliminated, or to the extent possible, limited, and the remaining terms and provision of these Terms will remain valid and in full force and effect. These Terms constitute the entire agreement between you and Spelling Buzz concerning your use of this Website and other subject matters discussed above. Any and all other agreements or understandings, written or oral, between you and Spelling Buzz are hereby replaced and superseded in their entirety by these Terms. These Terms may not be construed or interpreted to confer any rights or remedies on any third party. Any failure or delay of Spelling Buzz in enforcing these Terms will not be construed as a waiver of any provision or right to enforce these Terms, and no course of dealings or conduct between you and Spelling Buzz will be deemed to have modified these Terms. Spelling Buzz may provide certain notices to you, including without limitation notice of certain changes to these Terms. Such notice may be provided by posting or announcement on this Website, email, regular mail, or other reasonable means of communication. For notice posted on this Website, such notice will be deemed delivered thirty (30) days following the date of the posting. For notice sent by email, such notice will be deemed delivered twenty-four (24) hours following the date the email is sent. For notice sent by regular mail, such notice will be deemed delivered three (3) following the date the mail is sent.
These Terms were last updated on September 2, 2016.
Please contact Spelling Buzz with any questions or comments about this Terms of Service by email at support@SpellingBuzz.com.