List of active policies

Full policy

Welcome; Intro

Welcome, and thank you for your interest in Bubblesme, Inc., a 501(c)(3) organization (“Bubblesme,” “we,” “us,” or "our"), which operates the web site located at www.bubblesme.com/and other websites (collectively, the “Website”) and related application programming interfaces (“APIs”), mobile applications and online services, including, but not limited to, the Zhongwenhanzi website and related applications, any Downloadable Content (as defined below), and any other products and services that Company may provide now or in the future (collectively, the “Services”).  The following Terms of Service are a legal contract between you (“you” and “your”) and Bubblesme regarding your use of the Services.  Visitors and users of the Services are referred to individually as “User” and collectively as “Users”.  Use of the Services is governed by these Terms of Service and our Bubblesme Privacy Policy and Bubblesme Kids Privacy Policy (as applicable to which Services you choose to use), where the Privacy Policy describes the personal information that we collect and how we use and share it.

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, AND ANY ADDITIONAL GUIDELINES (AS DEFINED BELOW) (COLLECTIVELY,  THE “TERMS”), AND THAT YOU HAVE READ THE BUBBLESME PRIVACY POLICY AND/OR BUBBLESME KIDS PRIVACY POLICY (AS APPLICABLE TO WHICH SERVICES YOU CHOOSE TO USE).

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.  IF YOU ARE SCHOOL PERSONNEL (AS DEFINED BELOW) AND YOU REGISTER A SCHOOL USER (AS DEFINED BELOW), YOU AGREE, ON BEHALF OF YOUR INSTITUTION, THAT THE SCHOOL USER IS BOUND BY THE TERMS, UNLESS YOUR INSTITUTION HAS A SEPARATE WRITTEN SERVICE AGREEMENT WITH BUBBLESME THAT ACCEPTS THESE TERMS ON BEHALF OF SCHOOL USERS.

PLEASE NOTE THAT THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER. BY AGREEING TO BINDING ARBITRATION, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

1. Eligibility; Accounts

THE WEBSITE IS NOT AVAILABLE TO: (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY BUBBLESME, OR (B) ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN (OR, FOR SCHOOL ACCOUNTS, BY SCHOOL PERSONNEL AS PERMITTED UNDER THE TERMS).

1.1. Acceptance

By clicking the “I Agree” button or by otherwise using or registering an account for the Services, you represent that (i) you are a NZ resident at least 13 years of age, or (ii) you are not a NZ resident, and are of legal age of consent to open an account under the laws of your country of residence, or (iii) your use of the Services has been approved by your parent or legal guardian, or by your school or teacher for school use.  You also represent that you have not been previously suspended or removed from the Services by Bubblesme, and that your registration and your use of the Services is in compliance with any and all applicable laws.

1.2. Account

In order to use certain features of the Services, you must register for an account. You may be asked to provide a password in connection with your account.  You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password.  You agree that the information you provide to Bubblesme, whether at registration or at any other time, will be true, accurate, current, and complete.  You also agree that you will ensure that this information is kept accurate and up-to-date at all times.  If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify Bubblesme at bubblesme.com/ support.  You may be liable for the losses incurred by Bubblesme or others due to any unauthorized use of your Services account.

1.3. Integrated Service

Bubblesme may permit you to register for the Services through, or otherwise associate your Bubblesme account with, certain third party social networking or integrated services, such as Facebook Connect and Google (“Integrated Service”).  By registering for the Services using (or otherwise granting access to) an Integrated Service, you agree that Bubblesme may access your Integrated Service’s account information, and may store and use certain information already associated with the Integrated Service consistent with our Privacy Policy, and you agree to any and all terms and conditions of the Integrated Service regarding your use of the Services via the Integrated Service. You may revoke Bubblesme's access to your account on any Integrated Service at any time by updating the appropriate account settings of the respective Integrated Service. You should check your privacy settings on each Integration Service to understand and change the information sent to us through each Integration Service. You agree that any Integrated Service is a Reference Site (as defined below) and you are solely responsible for your interactions with the Integrated Service as a result of accessing the Services through the Integrated Service.  Bubblesme does not control the practices of Integrated Services, and you are advised to read the Privacy Policy and terms and conditions of any Integrated Service that you use to understand their practices.

1.4. Child User

If you are under the age of 13 (a "Child User"), you may not create or register an account for the Services without consent and approval from your legal parent or guardian, or from your school as provided in Section 1.6 (School Use).  If you are under the age of 18, you represent that your parent or legal guardian has reviewed and agreed to the Terms on your behalf. Except for accounts created for School Use as provided in Section 1.6 (School Use), a Child User that begins the registration process for himself or herself without a Parent User (as defined below) may have the registration process restricted until a parent approves or assumes responsibility for the Child User account.  A Child User may use the Services if registered through certain educational organizations or, in certain cases, by School Personnel that have entered into a relationship directly with Bubblesme, so long as the education organization has obtained parent or guardian consent, or has complied with an exemption to parent consent requirements under applicable law. A Child User will only be permitted to use the Services for so long as Bubblesme reasonably believes that such access has been consented to by the Child User’s parent or guardian, or by School Consent (as discussed in Section 1.6, "School Use").

1.5. Parent User

If you are at least 18 years of age and you are the legal parent or guardian of a child that seeks to register as a Child User of the Services, you may register a parent account on the Services (“Parent User”).  Through a Parent User account, you may create, register, manage and approve Child User accounts only for your own child(ren) or child(ren) for whom you are a legal guardian.  IF YOU REGISTER, APPROVE OR CONSENT TO THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USER’S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER.  You acknowledge that Bubblesme may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Bubblesme deems necessary to validate your registration information, including without limitation engaging third parties to provide verification services.  Bubblesme reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT BUBBLESME CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND BUBBLESME IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD USER OR OTHER PARTY DURING REGISTRATION IS SUCH CHILD USER’S ACTUAL PARENT OR GUARDIAN.  A Parent User account, along with all associated Child User accounts, may be terminated by Bubblesme at any time and without warning for any failure to abide by these Terms.

1.6. School Use

Bubblesme may make available certain features and tools that permit Users registered as teachers, school leaders, aides, or other similar school personnel ("School Personnel") to work with students and other Users through the Services in order to provide such students with tutorial, educational and other education-related services as part of the school’s curriculum, and to review and evaluate educational achievement and progress of such students.  If you are School Personnel accessing the Services on behalf of a school, school district, or other similar educational institution (an "Institution"), the following terms apply to you:

1.6.1. Limitations on Use.  The Services and Website are provided to you for educational purposes as part of the school curriculum.  You must use the Services and the Website in compliance with all applicable laws, rules, and regulations.  You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose, any portion of the Services, the Website, or access to the Services or Website.

1.6.2. Responsibility for Consent and Notices.  You and/or the Institution assume sole responsibility for obtaining any consents required from parents or guardians, and for providing appropriate disclosures to School Users and their parents regarding the School Users' use of the Services, our Terms, and our Privacy Policy.  You agree to be bound by these Terms on behalf of the School User, for so long as the School User account is not transferred to or assumed by a valid Parent User account or personal account for a Student of eligible age.  IF YOU ARE SCHOOL PERSONNEL AND YOU REGISTER AN ACCOUNT FOR A CHILD USER OR OTHER STUDENT (EITHER, A “SCHOOL USER”) OR DIRECT A SCHOOL USER TO CREATE AN ACCOUNT FOR SCHOOL USE, YOU REPRESENT AND WARRANT THAT YOU HAVE EITHER RECEIVED EXPRESS CONSENT FROM SUCH SCHOOL USER’S PARENT OR LEGAL GUARDIAN OR THAT YOU (OR YOUR INSTITUTION) HAVE COMPLIED AND WILL COMPLY WITH ALL APPLICABLE REQUIREMENTS OF AN EXEMPTION FROM OR EXCEPTION TO PARENTAL CONSENT REQUIREMENTS, NECESSARY FOR YOU TO REGISTER THE SCHOOL USER FOR THE WEBSITE AND PROVIDE TO BUBBLESME THE INFORMATION YOU DISCLOSE IN CONNECTION WITH THE REGISTRATION OF SUCH SCHOOL USER.  Specifically you agree, individually and on behalf of the Institution, that:

1. (i) You are familiar with and agree to be responsible for compliance with the Family Educational Rights and Privacy Act and the NZ Department of Education's implementing regulations at 34 CFR Part 99 (collectively, "FERPA"), and all other laws, rules or regulations concerning the collection, use, and disclosure of personally identifiable information about Users in your Institution (collectively, "Applicable Privacy Law").
2. (ii) You assume sole responsibility (and hereby agree that Bubblesme is not responsible for) for providing appropriate notices and disclosures to students using Bubblesme for classroom use ("Students" or "Student Users") and their parents regarding Student use of the Website, our Terms, and our Privacy Policy, including any notices required by the Children's Online Privacy Protection Act ("COPPA"), FERPA, or other Applicable Privacy Law.
3. (iii) You assume sole responsibility (and hereby agree that Bubblesme is not responsible) for obtaining any consents required from parents or guardians, to the extent required under COPPA, FERPA or other Applicable Privacy Law, in connection with the Services, use of the Website for classroom use (including use of Linked Accounts referred to in Section 1.8, “Linked Accounts”), and disclosure of personally identifiable information to Bubblesme in connection therewith.  You represent and warrant to Bubblesme that, prior to creation of accounts for School Use, you have either obtained all necessary parent or guardian consents, or have complied and will comply with all applicable requirements of an exemption from or exception to parental consent requirements, including:

• under FERPA, you have complied and will comply with the "school official" exception, or the "directory information" exception thereunder; and
• under COPPA, with respect to Students under the age of 13, you are acting as the agent of the parent and consenting on their behalf to the sharing of the Student's personal information.

We refer to this as "School Consent".  If a Parent User does not consent or rescinds such School Consent, School Personnel or the Institution shall immediately notify Bubblesme to discontinue that Student’s access to the Services and ensure that such Student’s information is no longer accessible through the Services.  Under no circumstances will Bubblesme be liable for the School Personnel’s failure to consult their school's authorities and administrators or for failing to obtain School Consent when required.

1. 1.6.3. Identification of School Accounts.  Students and School Personnel may have personal accounts, in addition to accounts established for use in the classroom and associated with the Institution's use of the Services ("School Accounts"). If the Institution has a separate written service agreement with Bubblesme that includes rostering services for your Institution, accounts provided for classroom use will be School Accounts.  In other cases, in order for accounts established for use in the classroom to be designated as “School Accounts," the accounts must be (1) created by School Personnel (for example, when a teacher creates the user name, login and password to establish School Accounts, or when the teacher rosters a class using Google Classroom, Clever, or similar Integrated Service (to the extent we support use of such Integrated Service)), or (2) created by a School User at the direction of a School, in each case, using a School email address and associated with a School’s class on the Service. User accounts created with a personal email address will not be considered School Accounts, and will be administered as personal accounts.  If you have questions about how to create School Accounts that are associated with a School's class on the Service, please contact our customer support team.

1. 1.6.4. Use of Integrated Services in School Accounts.  If you are School Personnel and you choose to allow your students to log in on the Services using an Integrated Service, such as Google Classroom or Clever (to the extent we support use of such Integrated Service), you are responsible for educating your students on the proper use of Integrated Services and protecting their accounts.  See Section 1.3 (Integrated Service).

1.7. Coaches

Bubblesme may make available certain features and tools that allow Users to add "Coaches" to their account.

1.7.1. Coaching features are provided to allow any User to give another User, such as a tutor, friend or family member, the ability to view the activity in their Bubblesme account in order to provide them with tutoring or coaching help on Bubblesme. In these Terms, we refer to any User that you connect to your Bubblesme account (other than School Personnel and Parent Users, who have different account permissions) as a “Coach”.  A Parent User associated with a Child User can disable the coaching feature upon account creation, or in the Child's User's account settings.

1.7.2. If you are a Coach, the following provisions apply to you.  You may use Bubblesme features and tools only for purposes of providing tutoring, coaching or other education-related assistance to a User that has an account established and existing pursuant to these Terms.  COACHES ARE NOT PERMITTED TO CREATE OR REGISTER ACCOUNTS FOR ANY OTHER USER.  In order to begin a coaching relationship, the student or other User you wish to coach must either have a pre-existing account on the Services, or must establish an account pursuant to these Terms.  YOU UNDERSTAND THAT REGISTRATION OF AN ACCOUNT BY OR FOR A CHILD USER REQUIRES CONSENT FROM SUCH USER’S PARENT OR LEGAL GUARDIAN.  COACHES MAY NOT PROVIDE THIS CONSENT DIRECTLY OR ON BEHALF OF THE PARENT OR GUARDIAN. You must use the Services and the Website in compliance with all applicable laws, rules, and regulations.

1.8. Linked Accounts

Bubblesme may permit a User to associate a personal account with their School Account, by using the login credentials associated with a personal account to join a class or use the account for school-directed learning.  If a User chooses to associate a personal account with their School Account, the two accounts will be deemed "Linked" Accounts, and the User's learning activity (information regarding use of the Website generated by the User through use of the Website), whether generated during or outside of the school use, may be viewed by any person with access to either account.  “Linked" Accounts are not separately functioning accounts; they permit access to a singular Bubblesme account using more than one account interface or set of access credentials.  Linked Accounts may benefit Students who want to use the Website for both personal and school purposes, by allowing School Personnel to have a deeper understanding of Student progress, and by allowing Users to keep track of all of their Bubblesme learning activity on an aggregate basis.  The User's election to enable account linking must be made, if at all, in connection with the initial account registration and rostering process for a given school year.  Once accounts are linked, they cannot be separated.  Bubblesme may (but is not required to) enable linking of accounts as described herein.  Upon any termination of the School Account by authorized School Personnel, the User's learning activity (including any learning activity from school use) will be retained in any Linked personal account.

1.9. School Districts

Bubblesme may enter into supplemental written agreements with school districts with respect to use of the Services on a district-wide basis ("District Agreements").  Pursuant to District Agreements, we may provide additional services to school districts, and/or may provide additional undertakings to school districts with respect to the Services.  Except as otherwise provided in a District Agreement, these Terms remain in effect for all individual Users of the Services in the relevant district.

1.10. International Use

Bubblesme operates the Services in New Zealand.  If you choose to access our Services from locations outside New Zealand you consent to the collection, transmission, use, storage and processing of content and data (including your personal information) in New Zealand.  You agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Services, if and to the extent local laws are applicable to use of our Services.  If you are under the age of 18 (or the age of majority in the jurisdiction in which you reside), you confirm that you have received parental consent, if required in your jurisdiction, to open an account for Service and enter into these Terms.  Unless we have entered into a separate, mutually executed written agreement with you that says otherwise, we do not represent that our Services are appropriate or available for use in jurisdictions outside New Zealand. The right to access and use the Services is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render Bubblesme in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws.

2. Privacy Policy

Your privacy is important to Bubblesme.  Please read the Bubblesme Privacy Policy and Bubblesme Kids Privacy Policy carefully for information relating to Bubblesme’s collection, use, and disclosure of your personal information.  Among other things, our Bubblesme Privacy Policy and Bubblesme Kids Privacy Policy explain how we treat your personal information and protect your privacy when you use our Services, and explain the procedures by which Users, Parent Users and School Personnel may view, update, correct, or delete their account and personal information.

3. Other Guidelines

When using the Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”).  All such Guidelines are hereby incorporated by reference into the Terms.

4. Modification of the Terms

4.1. General

Upon opening an account, you accept the Terms in the form posted on our website.  Bubblesme reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time.  Please check the Terms and any Guidelines periodically for changes that are made after you open your account.  Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes.  For any material changes to the Terms, Bubblesme will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Services, and such amended terms will be effective against you on the earlier of (i) your actual notice of such changes and (ii) thirty days after Bubblesme makes reasonable attempt to provide you such notice.  However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately.  If you do not agree to the modified Terms, you must discontinue your use of the Services. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.

4.2. School Accounts

The following provisions apply to School Accounts in addition to the provisions set forth in Section 4.1 (General) above.  If a change with respect to how personal information contained in education records is used or shared has a material adverse impact on Student Users or an Institution, and the Institution does not agree to the change, the Institution must notify Bubblesme within thirty days of receiving the notice of change as described under Section 15.1 (Notice) below.  If Bubblesme is notified as required, then the School Accounts held by that Institution will remain governed by the Terms in effect immediately prior to the change until the end of the end of the then current term of the Institution's written service agreement with Bubblesme, or, in the absence of such an agreement, the end of the current school term.  If the Services are renewed or continued after such time, they will be renewed or continued under Bubblesme's then-current Terms.

5. User Content License Grant

5.1. User Content and Ownership

Bubblesme may permit (a) the posting and/or publishing by you and other Users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, “User Postings”) and (b) the posting, creation, or modification by you and other users of computer code (including source code and object code) (“User Code”) (User Postings and User Code, collectively, “User Content”). You understand that whether or not such User Content is published, Bubblesme does not guarantee any confidentiality with respect to any submissions. Consistent with Applicable Law, as between Bubblesme and you, you retain all ownership rights you have in any User Content you post or publish to the Services, and Bubblesme does not claim any ownership rights in or to such User Content. You acknowledge that you are solely responsible for your User Content and the consequences of posting, creating, or publishing such User Content.

5.2. License Grant to Bubblesme

By posting, submitting or distributing User Content on or through the Services, you hereby grant to Bubblesme a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free right and license to (a) host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed, to the extent consistent with applicable law and Bubblesme’s Privacy Policy).  Such license is perpetual and irrevocable, except to the extent required to comply with Applicable Privacy Law relating to ownership and control of your personal information, including education records. With respect to School Accounts, consistent with Applicable Privacy Law, as between Bubblesme and you, you (or your school, as applicable) retain all ownership rights you have in any User Content to the extent such content is an education record.

5.3. License Grant to Users

5.3.1. User Postings.  By posting, submitting or distributing User Postings through the Services, you hereby grant to each User of the Services a non-exclusive license to access and use your User Postings in any manner permitted or made available by Bubblesme on or through the Services.

5.3.2. User Code.  By posting, submitting or distributing User Code through the Services, you hereby grant to each User of the Services a non-exclusive license to access, use, reproduce, and distribute your User Code as fully permitted under, and in accordance with the terms of, the MOODLE license (the “MOODLE License”).

5.3.3. Downloadable Content.   The Services may permit you to download mobile applications or certain digital educational content ("Downloadable Content"). Subject to your complete and ongoing compliance with all the terms and conditions set forth herein, Bubblesme grants you, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, view and use the Downloadable Content, in object code form, on devices owned or controlled by you, solely for your personal, non-commercial purposes.  You agree not to (i) modify or create derivative works of the Downloadable Content (ii) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, technical limitations or security features in or protecting the Downloadable Content, and (iii) remove any copyright and other proprietary notices on the Downloadable Content and all copies thereof.

5.4. Access to Your User Content

Bubblesme may permit Users to share their User Content with a select group of other Users, or make their User Content public for all (even non-Services users) to view.  You acknowledge and agree that, although Bubblesme may provide certain features intended to allow you to restrict some User Content you create from others, Bubblesme does not guarantee that such User Content will never be accessible by others. In the event of unauthorized access, Bubblesme will use reasonable efforts to notify you pursuant to Section 15.1 (Notice) below.  BUBBLESME HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT.

5.5. User Content Disclaimer

You understand that when using the Services you will be exposed to User Content from a variety of sources, and that Bubblesme is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content.  You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Bubblesme with respect thereto.  Bubblesme does not endorse any User Content or any opinion, recommendation or advice expressed therein, and Bubblesme expressly disclaims any and all liability in connection with User Content.

5.6. Feedback

By submitting suggestions or other feedback related to our Services to us, you agree that we can (but do not have to) use and share such feedback for any purpose without compensation to you. We will honor any limits we agree to at the time we collect feedback.

6. Digital Millennium Copyright Act

It is Bubblesme’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Bubblesme’s DMCA Notification Guidelines.  Bubblesme will promptly terminate without notice your access to the Services if you are determined by Bubblesme to be a “repeat infringer.”  A repeat infringer is a User who has been notified by Bubblesme of infringing activity violations more than twice and/or who has had User Content or any other user-submitted content removed from the Services more than twice.

7. Proprietary Materials; Licenses

7.1. Proprietary Materials

The Services are owned and operated by Bubblesme.  The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Services (the “Services Materials”) are protected by New Zealand and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any User Content provided and owned by Users and except as otherwise set forth in this Section 7 (Proprietary Materials; Licenses), all Services Materials, and all trademarks, service marks, and trade names, contained on or available through the Services are owned by or licensed to Bubblesme, and Bubblesme reserves all rights therein and thereto not expressly granted by these Terms.

7.2. Licensed Educational Content

Bubblesme may make available on the Services certain educational videos, exercises, and related supplementary materials that are owned by Bubblesme or its third-party licensors (the “Licensed Educational Content”).  Bubblesme grants to you a non-exclusive, non-transferable right to access and use the Licensed Educational Content as made available on the Services by Bubblesme solely for your personal, non-commercial purposes.  Unless expressly indicated on the Services that a particular item of Licensed Educational Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.

7.2.1. Alternate Licenses.  In certain cases, Bubblesme or its licensors may make available Licensed Educational Content under alternate license terms, such as a variant of the Creative Commons License (as defined below) (each, an “Alternate License”). Where expressly indicated as such on the Services, and subject to the terms and conditions of these Terms, the applicable Licensed Educational Content is licensed to you under the terms of the Alternate License.  By using, downloading, or otherwise accessing such Licensed Educational Content, you agree to comply fully with all the terms and conditions of such Alternate License.

7.2.2. Creative Commons License.  Unless expressly otherwise identified on the Services with respect to a particular item of Licensed Educational Content, any reference to the “Creative Commons”, “CC” or similarly-phrased license shall be deemed to be a reference to the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 License (the “Creative Commons License”).

7.3. Licensed Educational Code

Bubblesme may make available, or allow Users to create and make available, on or through the Services certain educational, user-readable source code in connection with the “Computer Science” modules or exercises available on the Services (the “Licensed Educational Code”).  Unless otherwise indicated, all Licensed Educational Code is the property of Bubblesme or third-party licensors and, subject to the terms and conditions of these Terms, is licensed to you under the terms of the MIT License.  By downloading or otherwise accessing such Licensed Educational Code, you agree to comply with all the terms of the MIT License.

7.4. Non-Commercial Use

The Licensed Educational Content and Licensed Educational Code are intended for personal, non-commercial use only.  Without limiting the foregoing, and notwithstanding the terms of any Alternate License for such Licensed Educational Content, the Licensed Educational Content may not be used, distributed or otherwise exploited for any commercial purpose, commercial advantage or private monetary compensation, unless otherwise previously agreed in writing by Bubblesme.

7.4.1. Impermissible Uses.  Without limiting the generality of the foregoing, the following are types of uses that Bubblesme expressly defines as falling outside of “non-commercial” use:

1. 7.4.1.1. the sale or rental of (1) any part of the Licensed Educational Content, (2) any derivative works based at least in part on the Licensed Educational Content, or (3) any collective work that includes any part of the Licensed Educational Content;
2. 7.4.1.2. providing training, support, or editorial services that use or reference the Licensed Educational Content in exchange for a fee; and
3. 7.4.1.3. the sale of advertisements, sponsorships, or promotions placed on the Licensed Educational Content, or any part thereof, or the sale of advertisements, sponsorships, or promotions on any website or blog containing any part of the Licensed Educational Material, including without limitation any “pop-up advertisements”.

7.4.2. Use Characterization.  Whether a particular use of the Licensed Educational Content is “non-commercial” depends on the use, not the user.  Thus, a use of the Licensed Educational Content that does not require that users pay fees and that does not provide an entity with a commercial advantage is “non-commercial,” even if this use is by a commercial entity. Conversely, any use that involves charging users in connection with their access to the Licensed Educational Content is not “non-commercial,” even if this use is by a non-profit entity.  As an example, a for-profit corporation’s use of the Licensed Educational Content for internal professional development or training of employees is permitted, so long as the corporation charges no fees, directly or indirectly, for such use. Conversely, as another example, a non-profit entity’s use of the Licensed Educational Content in connection with an fee-based training or educational program is NOT “non-commercial” and is not permitted.

7.5. Crediting Bubblesme

If you distribute, publicly perform or display, transmit, publish, or otherwise make available any Licensed Educational Content or any derivative works thereof, you must also provide the following notice prominently along with such Licensed Educational Content or derivative work thereof: “All Bubblesme content is available for free at www.Bubblesme.com” and adhere to the Bubblesme brand guidelines.

8. Prohibited Conduct

YOU AGREE NOT TO:

1. 8.1. use the Services for any commercial use or purpose unless expressly permitted by Bubblesme in writing, it being understood that the Services and related services are intended for personal, non-commercial use only;
2. 8.2. except as expressly permitted under Sections 5.3 (License Grant to Users) and 7 (Proprietary Materials; Licenses) of these Terms, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Services Materials;
3. 8.3. post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
4. 8.4. post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, promoting of violence, hostility, or discrimination, or otherwise inappropriate;
5. 8.5. use the Services in any manner that is harmful to minors, or in any manner that violates Bubblesme’s Community Guidelines;
6. 8.6. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, create accounts via bots or other automated means, or perform any other fraudulent activity;
7. 8.7. develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy lessons and other data from the Services;
8. 8.8. Use bots or other automated methods to access the Services;
9. 8.9. delete (or otherwise obscure or alter) the copyright or other proprietary rights notices on the Services or on any Licensed Educational Content, Licensed Educational Code, or User Content;
10. 8.10. assert, or authorize, assist, or encourage any third party to assert, against Bubblesme or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content, Licensed Educational Code, or User Content you have used, submitted, or otherwise made available on or through the Services;
11. 8.11. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Services (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
12. 8.12. use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
13. 8.13. defame, harass, bully, abuse, threaten or defraud Users of the Services, or collect, or attempt to collect, personal information about Users or third parties without their consent;
14. 8.14. probe, scan, remove, circumvent, disable, damage or otherwise interfere with or test the vulnerability of security-related features of the Services, Licensed Educational Content, Licensed Educational Code, or User Content, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services, Licensed Educational Content, Licensed Educational Code, or User Content, or otherwise access, tamper with, or use non-public portions of the Services without our authorization;
15. 8.15. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law (in which case you must Contact Bubblesme to give notice of the proposed activity and discuss alternative means to obtain the desired information from Bubblesme) notwithstanding this limitation;
16. 8.16. modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent expressly permitted by Bubblesme herein or to the extent the foregoing restriction is expressly prohibited by applicable law (in which case you must Contact Bubblesme to give notice of the proposed activity and discuss whether Bubblesme is willing to provide the desired derivative works); or
17. 8.17. intentionally interfere with or damage operation of the Services or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

9. Third-Party Sites, Products and Services; Links

The Services may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”).  Bubblesme does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites.  ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK.

10. Term and Termination

10.1. Term

These Terms shall remain in full force and effect while you use the Services unless your account is terminated as provided in these Terms, in which case you no longer have the right to use the Services.

10.2. Termination by Bubblesme

Bubblesme, in its sole discretion, for any or no reason, and without penalty, may: (a) restrict, suspend or terminate: (i) any account (or any part thereof) you may have with Bubblesme or (ii) your use of the Services, and (b) remove and discard all or any part of your account, User profile, and User Content, at any time.  Bubblesme may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice.  You agree that any termination of your access to the Services or any account you may have, or portion thereof, may be affected without prior notice, and you agree that Bubblesme will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Bubblesme may have at law or in equity. As discussed herein, Bubblesme does not permit copyright, trademarks, or other intellectual property infringing activities on the Services, and will terminate access to the Services, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.

10.3. Termination by You

Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of Bubblesme in operating the Services, or (v) any content or information transmitted through the Services, is to terminate the Terms and your account.  You may terminate these Terms at any time (prospectively only) by deleting your login account with the Services and discontinuing use of any and all parts of the Services.

10.4. Termination of School Personnel, Child and Student Accounts

Certain Users (e.g., Parent Users and School Personnel) may terminate these Terms with respect to their account or to a Child or Student User account that was created by them or at their direction, as provided in this Section.

10.4.1. Termination by School Personnel.  School Personnel may terminate use of the Services individually and/or with respect to School Accounts created by such School Personnel at any time by contacting us, provided, however, that an Institution may require satisfaction of certain requirements before School Personnel can terminate accounts created for school use.  Prior to termination of School Accounts at the direction of School Personnel, Bubblesme may invite Users, or parents or legal guardians of Students, to establish and maintain a personal account for purposes of retaining any content generated or provided and owned by Users under these Terms (including such User's learning activity).  Any such Personal accounts will be established under Bubblesme's standard account opening process, including parent consent for Users under the age of 13.

10.4.2. Termination by Parents.  As a Parent User, if you created a Child account on the Services and have a Parent User account associated with the Child account, you can terminate your Child’s login account through the account profile, or by contacting our customer support team, although we may need to verify your identity prior to taking any action with respect to the account.  Parents of Students who are using School Accounts created by or at the direction of your Child’s teacher in school may first need to contact your child’s school to request termination.

10.5. Responsibility for Pre-Termination activity

Termination of the Terms as to any User account will not limit Bubblesme’s rights and remedies regarding any breach of these Terms occurring prior to such termination.

11. Representations and Warranties

You warrant, represent and agree that you will not provide any User Content or otherwise use the Services in a manner that (i) infringes, violates or misappropriates another's intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render Bubblesme in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws (collectively, "Applicable Law"); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account or the Services in any way, such as allowing someone else access to your account or password or submitting User Content that contains viruses. Additionally, you represent, warrant and agree that (i) you possess all rights necessary to provide your User Content and grant Company the rights in these Terms;  (ii) you will comply with Applicable Laws in connection with your use of the Service; and (iii), if you are School Personnel, you understand that you are solely responsible for providing notices and obtaining consents required by Applicable Laws for students to use the Services or to provide User Content, including compliance with the applicable provisions of FERPA and COPPA when using School Consent.

12. Indemnification

You agree, to the extent permissible under your state’s laws, to indemnify, defend, and hold harmless Bubblesme, and its parent, successors, affiliated companies, contractors, officers, directors, employees, agents and its third-party suppliers, licensors, and partners (“Bubblesme Parties") from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand made by any third-party relating to or arising out of (i) your access to, use or misuse of the Services; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein, whether by you or by any Child User or School User whose account you have approved as a Parent User or School Personnel; (iv) your failure to comply with Applicable Laws(including any failure to obtain or provide any necessary consent or notice); (v) the infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content, or (vi) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users. Bubblesme reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Bubblesme, and you agree to cooperate with Bubblesme’s defense of these claims.  You agree not to settle any such matter without the prior written consent of Bubblesme. Bubblesme will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

13. Disclaimers; No Warranties

13.1. No Warranties

THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT (WHETHER OWNED OR LICENSED), USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE (THE "BUBBLESME OFFERINGS"), ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE BUBBLESME PARTIES DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUBBLESME OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

13.2. Content

BUBBLESME, AND THE BUBBLESME PARTIES, DO NOT WARRANT THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

BUBBLESME AND THE BUBBLESME PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT (1) THE BUBBLESME OFFERINGS WILL (A) MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE TO YOUR LIKING, OR (B) WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, OR UNINTERRUPTED, (2) THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME FEATURES MAY BE NEW OR EXPERIMENTAL AND MAY NOT HAVE BEEN TESTED IN ANY MANNER.

13.3. Harm to Your Computer

YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE (INCLUDING THROUGH ANY API’S) IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.

13.4. Limitations by Applicable Law

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

14. Limitation of Liability and Damages

14.1. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL BUBBLESME OR THE BUBBLESME PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) EVEN IF BUBBLESME OR A BUBBLESME PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR RELATING (i) TO THE TERMS; (ii) YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR THE BUBBLESME OFFERINGS, OR (iii) ANY OTHER INTERACTIONS WITH BUBBLESME OR ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE BUBBLESME OFFERINGS, INCLUDING OTHER USERS,.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BUBBLESME’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

14.2. Limitation of Damages

IN NO EVENT WILL BUBBLESME’S OR THE BUBBLESME PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO BUBBLESME, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

14.3. Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT BUBBLESME HAS OFFERED THE WEBSITE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BUBBLESME, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BUBBLESME.  BUBBLESME WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

14.4. User Interactions and Release

14.4.1. User Disputes. Bubblesme is not responsible for the actions, content, information or data of other third parties, including other Users. You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact through the Service. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person. We reserve the right, but have no obligation, to become involved in any way with these disputes.

14.4.2. Release. If you have a dispute with one or more Users, you release us (and the Bubblesme Parties) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. If you are a New Zealand resident, you waive your rights under New Zealand Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor." And, if you are not a New Zealand  resident, you waive your rights under any applicable statutes of a similar effect, to the fullest extent permissible under applicable law.

15. Miscellaneous (Including Dispute Resolution and Arbitration)

15.1. Notice

Bubblesme may provide you with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Services, or other reasonable means.  Notice will be deemed given twenty-four hours after email is sent, unless Bubblesme is notified that the email address is invalid.  Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Services.  In such case, notice will be deemed given three days after the date of mailing. Notices posted on the Services are deemed given 30 days following the initial posting.   Any notices directed to Bubblesme shall be sent by first class NZ Mail to Bubblesme at 4 Bellona Place, Hamilton, New Zealand with a copy sent by email to Bubblesme.

15.2. Waiver

The failure of Bubblesme to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Bubblesme.

15.3. Governing Law

The Terms will be governed by and construed in accordance with the laws of New Zealand, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction.

15.4. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

15.4.1. Generally. In order to expedite and control the cost of disputes, Bubblesme and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to your use of the Services or these Terms (“Dispute”) will be resolved as follows to the fullest extent permitted by law:

15.4.2. Notice of Dispute. In the event of a Dispute, you or Bubblesme must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a “Notice of Dispute”). You must send any Notice of Dispute by eMail to info@Bubblesme.com.  Bubblesme will send any Notice of Dispute to you by first class NZ Mail to your address if Bubblesme has it, or otherwise to your email address.  You and Bubblesme will attempt in good faith to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Bubblesme may commence arbitration.

15.4.3. Binding Arbitration. Any Dispute which has not been resolved by negotiation as provided herein within sixty (60) days or such time period as you and Bubblesme may otherwise agree, shall be finally resolved by binding arbitration as described in this Section 15.4 (Dispute Resolution and Arbitration).  You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury.  Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act.  The place of arbitration shall be New Zealand.  Any court with jurisdiction over the parties may enforce the arbitrator’s award.

15.4.4. Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis.  Neither you nor Bubblesme will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.  No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. You may file a Dispute only on your own behalf and cannot seek relief that would affect other Users. If there is a final judicial determination that any particular Dispute cannot be arbitrated in accordance with the limitations of this Section 15.4 (Dispute Resolution and Arbitration), then only that Dispute may be severed and brought in court. All other Disputes remain subject to this Section 15.4 (Dispute Resolution and Arbitration).

15.4.5. Arbitration Procedures. Any arbitration will be conducted by JAMS under the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) in effect at the time the Dispute is filed.  You may request a telephonic or in-person hearing by following the JAMS Rules.  In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. To the extent the forum provided by JAMS is unavailable, Bubblesme and you agree to select a mutually agreeable alternative dispute resolution service and that such alternative dispute resolution service shall apply the JAMS Rules.  The arbitrator may award the same damages to you individually as a court could.  The arbitrator may award declaratory or injunctive relief to you only individually, and only to the extent required to satisfy your individual claim.

15.4.6. Arbitration Fees. Whoever files the arbitration will pay the initial filing fee.  If Bubblesme files, then Bubblesme will pay; if you file, then you will pay unless you get a fee waiver under the applicable arbitration rules.  Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.

15.4.7. Filing Period.  To the extent permitted by law, any Dispute under these Terms must be filed within one (1) year in an arbitration proceeding.  The one-year period begins when the events giving rise to the Dispute first occur.  If a Dispute is not filed within one year, it is permanently barred.

15.4.8. Venue. In the event that any Dispute cannot be resolved by binding arbitration in accordance with this Section 15.4 (Dispute Resolution and Arbitration), you agree that such Dispute will be filed only in the state or federal courts in and for New Zealand, and each of you and Bubblesme hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purpose of litigating any such action. Notwithstanding this, Bubblesme shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.

15.5. Severability

If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

15.6. Assignment

The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Bubblesme’s prior written consent, but may be assigned by Bubblesme without consent or any restriction.  Any assignment attempted to be made in violation of the Terms shall be null and void.

15.7. Survival

Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 2 (Privacy Policy), 4 (Modification of the Terms) through 6 (Digital Millennium Copyright Act), 7.1 (Proprietary Materials), 7.4 (Non-Commercial Use), 7.5 (Crediting Bubblesme), and 8 (Prohibited Conduct) through 15 (Miscellaneous (Including Dispute Resolution and Arbitration)).

15.8. Headings

The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.

15.9. Entire Agreement

The Terms, the Privacy Policy and Guidelines constitute the entire agreement between you and Bubblesme relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Policy or Guidelines made by Bubblesme as set forth in Section 4 (Modification of the Terms) above.

15.10. Disclosures

The Services are hosted in the New Zealand, and the services provided hereunder are offered by Freeparking Ltd
38 Devon Street East, New Plymouth Central, New Plymouth 4310, New Zealand

Full policy

Bubblesme Privacy Principles

Our Privacy Policy is fueled by our commitment to these Privacy Principles:

1. We’re deeply committed to creating a safe and secure online environment for you.
2. We do not sell your personal information to third parties. We established Bubblesme as a nonprofit organization so that our mission of education and your trust will not be in conflict with a for-profit motive.
3. We strive to provide you with access to and control over the information you give us, and we take the protection of your information very seriously.
4. We take extra precautions for our younger learners as described in our Children’s Privacy Notice, including restricting child accounts to automatically block features that would allow a child to post or disclose personal information.
5. We do not display advertising on Bubblesme . Our mission is to provide you with a world class education, not to sell you products.

 

Overview

Bubblesme , Inc. (“Bubblesme ”, “our”, “us”, or “we”) is a US-based charitable nonprofit organization. As a 501(c)(3) nonprofit, we use the information we collect to provide you with a better experience and fulfill our mission of providing a free, world-class education for anyone, anywhere. We established ourselves as a nonprofit organization so that a for-profit motive will not interfere with our mission of providing a trusted educational resource.

We are committed to protecting your privacy. We understand how important privacy is to you, and we are committed to protecting your privacy and to creating a safe and secure environment for learners of all ages. This Privacy Policy explains how information is collected, used, shared, and protected by Bubblesme when you use (or access) our website at www.bubblesme.com our mobile application, and online service (collectively, our “Service”). Our Bubblesme Kids mobile application is governed by a different privacy policy.

Note: For each section in this Privacy Policy, you can view the general privacy practices at the beginning of the section, and see more information by reviewing “Learn More” for the relevant section.

Use by Children and Students

For specific information about how we collect, use, and process personal information when providing the Service to schools, school districts, and teachers, please review the School and Student Use.

Our Children’s Privacy Notice describes how we collect, use, and process personal information from children under 13.

Collection of information

We collect information in the following ways, depending on your use of the Service and your account settings:

• We collect information from you directly, such as when you create an account, communicate with us, participate in activities, events or surveys, or otherwise provide information during your use of the Service.
• We may collect information from others, such as your parent, teacher, or School, or third parties (meaning organizations outside of Bubblesme ), such as third party applications that you use to connect to the Service.
• We collect some information automatically, such as information about your use of the Service and the devices you use to access the Service. We may use cookies, web beacons, and similar technologies to collect information as explained in our Cookie Notice.

Examples of information we may collect includes:

• Account registration information (username, birthdate, and email)
• Information about your browser or device, and general location
• Information you choose to include in your profile or post in public areas of the Service
• Information you may provide in connection with specific features or special programs
• Non-personal information which may be linked to your personal information, including Information about your use of our Service

Additional information about our collection of Child and student data is provided in our Children’s Privacy Notice and Schools and Student Use. Further information about how Bubblesme collects your information is provided under “Learn More”.

Expand All

Learn More

Use of information

Bubblesme uses information collected for the purposes of:

• providing the Service
• personalizing your experience
• communicating with you about your account and our Service (including responding to inquiries and sharing information about new features and offerings that may be of interest)
• enabling your participation in special programs that we may offer in partnerships with third parties (if you choose to participate in such special programs)
• understanding and improving our Service, and developing new or improved educational offerings

We may also use de-identified or aggregated information for product development, research, analytics and other purposes, including for the purpose of analyzing, improving or marketing our Service, for demonstrating the impact of our Service, or conducting educational research.

Learn More

Sharing and disclosure of information

Bubblesme takes great care to protect the personal information you provide to us. We do not sell your personal information to third parties. This section explains circumstances in which we may share personal information with third parties.

We may share personal information:

• with other users of our Service, if you use features that enable you to share your information with (or make it accessible to) others.
• with Vendors, consultants and other service providers working on our behalf

• with other users that are associated with your account, such as a parent, teacher or coach.
• with your school, if you are using our Service for school purposes (please see Schools and Student Use for more information).
• with your consent (including third party applications that you choose to use, such as complementary services or an Authentication Service). If you choose to use a third-party application or service, the use of your information by the third party will be governed by that party’s privacy policy.
• in connection with business transfers (due to mergers and acquisitions).
• for compliance purposes, such as when reasonably necessary to protect the security and safety of our users or Service, or when permitted by law.

We may also share de-identified or aggregated information that does not reasonably identify any individual.

Learn More

Sponsorship and Advertising

As a nonprofit organization, Bubblesme relies on our sponsors, donors, and other contributors to provide funding necessary to provide the free Service to our users. From time to time, we permit third parties to sponsor content displayed on our Service.

• For example, for-profit organizations may wish to sponsor all content related to a particular educational topic, such as astronomy or biology.
• Sponsored content will always be labeled (e.g., “Sponsored by ___”).
• Bubblesme does not share any of your personal information with these sponsors without your consent. We do not provide these sponsors with the ability to track or collect information about our site visitors or users.

Bubblesme does not display third party advertisements on our Service. We may, from time to time, incorporate content or link to content provided by third parties that may be of interest to you and relevant to the educational context of our Service. Some of these materials or websites may include branding or advertisements as permitted by the third party owner or operator. For more information, please review Links to third parties.

Please note that we use our best efforts and take multiple steps to avoid the collection of information for targeted advertising purposes when we believe the Service is being used by Students or Children.

• For example, we take steps to inhibit third party advertising networks from collecting information for targeted advertising purposes on webpages with child-directed content or when a Student or Child User logs into the Service.
• Bubblesme uses the available privacy functionality in YouTube to display video content on YouTube (see additional information under “Learn More”).

Please review our Children’s Privacy Notice for more information.

Learn More

Transparency and your choice

We take privacy very seriously. We strive to put you in control of the choices and decisions regarding your personal information.

We understand that your personal information is important to you, and that is why you have choices in how your personal information is used and shared. We want you to have access to your personal information, so that you can help keep it as accurate as possible.

For example, you can choose whether to create an account (or use the Service without registering). If you register for an account, you can:

• Limit optional information you provide
• Choose whether you wish to share personal information with (and use) third party services
• Choose whether to add a coach to your account
• Choose whether you wish to receive optional email
• Update, correct, and delete your account information through your account settings

In some cases, administrative controls for accounts used in a school setting, including the ability to modify or delete the account, are held by the school. For more information, please review our Children’s Privacy Notice and Schools and Student Use.

Learn More

Your account settings

We want you to have access to your information, so that you can help keep it as accurate as possible. If you register and provide Bubblesme with information, you may update, correct, or delete your account and information at any time by reviewing your profile information and preferences on your account settings page.

Parents (not Children) can modify or delete Child User accounts, as described in our Children’s Privacy Notice. Parents or school users who request to modify or delete School Accounts may be directed to the School.

Further information about how you can access, update, correct, or delete your account in the account settings is provided under “Learn More”.

Learn More

Security of your personal information

Bubblesme is committed to securing your personal information.

Some of the ways in which we protect your personal information include:

• We encrypt your personal information when it is stored at rest
• We protect your personal information with encryption during transmission over the public Internet
• We use reasonable organizational and technical safeguards designed to help protect the privacy and security of your personal information

Some of the ways in which we encourage you to protect your personal information include:

• We encourage you to create a username that does not reveal your identity
• We encourage you to create (and keep) a strong password
• We encourage you to be thoughtful about what you post and continue to learn about online safety

We use reasonable safeguards to protect our Service and your personal information, but no security measures are perfect.

Learn More

Links to Third Parties

The Service may link to and may be linked by websites operated by other entities or individuals. If we include links to third parties and you click on that link, you will be leaving Bubblesme and the privacy policy of that third party applies. Similarly, if you see a link to Bubblesme on a third party website, then the privacy policy of that third party applies.

• For example:
  • If you click on a link to College Board, then you will go to College Board’s website and College Board’s privacy policy applies.
  • If you are on the Bubblesme Instagram page, the privacy policy of Instagram applies to that Bubblesme Instagram page.

• This Bubblesme Privacy Policy does not apply to (and we cannot control the activities of) such other third party websites.
• You should consult the privacy policies of those third party websites.

Changes to this Privacy Policy

Bubblesme may modify or revise this Privacy Policy from time to time. Bubblesme will notify users of any changes to our Privacy Policy by posting the revised Privacy Policy with an updated date of revision on our Service. If we change this Policy in a material manner, we will do our best to notify you of the changes by posting a notice on our website. We recommend that you review the Privacy Policy each time you visit the Service to stay informed of our privacy practices.

We will not make any material changes to our Privacy Policy that relate to the collection or use of Student Personal Data without first giving notice to the School and providing a choice before Student Personal Data are used in a materially different manner than was disclosed when the information was collected.

Contact Bubblesme

Please contact Bubblesme with any questions or comments.

By email: our Privacy team

By mail: Bubblesme , 4 Bellona Place, Hamilton, New Zealand

You may also wish to visit the Bubblesme Help Center and Common Questions and Resources page, which hosts useful FAQs and information that you may find helpful.

Schools and Student Use

This School and Student Use notice supplements our Privacy Policy in connection with school use. Bubblesme is a nonprofit organization dedicated to providing free educational content. We strive to implement best practices to protect the privacy of all of our student and non-student users, alike. We have implemented additional controls and procedures for schools, school districts and teachers (collectively referred to as “Schools”) when they use the Service for educational purposes. When the Service is used as part of the School’s educational program, the personal information related to the School’s student users (“School Users”) may include information defined as “education records” by the Family Educational Rights and Privacy Act (“FERPA”) or other information protected by similar state student data privacy laws. We refer to this information as “Student Personal Data”.

Our commitment:We are proud supporters of the Student Privacy Pledge. Our collection and use of Student Personal Data is governed by our contracts with Schools, by our Privacy Policy, and by applicable privacy laws. For example, we work with Schools to protect Student Personal Data consistent with FERPA and, for School Users under 13, the Children’s Online Privacy Protection Act (“COPPA”). If you have any questions about reviewing, modifying, or deleting the personal information of a School User, please contact your School directly.

Creation of School Accounts: Please note that in order for School User accounts to be associated with a School and recognized as School Accounts (as defined in our Terms of Service), the accounts must be created by or at the direction of a School, using a school email address and associated with a School’s class on the Service. For example, a School Account is created when:

• a teacher creates the user name, login and password to establish School User accounts and creates a class on the Service
• a teacher rosters a class using Google Classroom, Clever, or similar single sign-on service for School use
• an account is created by a School User at the direction of a School, using a School email address and associated with a School’s class on the Service
• accounts are created pursuant to a separate contract between Bubblesme and the school district (or educational agency) specifying that the accounts are School Accounts

In cases where we do not have a separate contract with a School district or educational agency, we may require notification that the accounts are used for school purposes in order to recognize them as School Accounts. If you are a School, please contact our School Partnerships Team to learn more about how to ensure that student accounts are set up and managed as School Accounts.

Please review “Learn More” to see more information about:

• Some of the specific ways that we use and protect Student Personal Data
• How we share and disclose Student Personal Data
• No Targeted Advertising
• How we retain and delete Student Personal Data
• Questions about Student Personal Data

Learn More

Children’s Privacy Notice

This privacy notice supplements our Privacy Policy and provides additional information about how we collect, use and share personal information from children under the age of 13 (a “Child” or “Children”).

Bubblesme is committed to Children’s privacy.

Protecting the privacy of Children is especially important to Bubblesme . For that reason, we created certain features designed to help protect personal information relating to Children (“Child Users”). When a Child creates an account, we seek the consent of a parent or legal guardian (“Parent”) for that account. When Bubblesme is used by a School in an educational setting, we rely on the School to provide the requisite consent, on behalf of the Parent, for Bubblesme to collect information from a School User under the age of 13.

Please review “Learn More” for more information about:

• How Children can use and register for our Service
• Restrictions placed on Accounts for Child Users
• Information collected and how the information is used
• Information disclosed
• No Third Party Tracking and No Targeted Advertising
• Choice: Access, Modify and Delete Child Accounts

Learn More

Donor information

This Donor information notice supplements our Privacy Policy in connection with donors. If you donate to Bubblesme and do not donate anonymously, we obtain information such as your name, email address, and mailing address. If you donate using our online form, our payment processor will also collect your credit or debit card number or other payment information. Please note that information collected by these payment processors is subject to their own privacy policy.

We may use donor information to communicate with you about your contribution and to send fundraising updates and information regarding the advancement of our mission.

We do not share personally identifiable donor information except with your consent or as required by law.

If you have registered for an account with us, then you may update your preferences in your account settings to opt out of donor emails. If you do not have an account with us, then you may opt out by clicking the unsubscribe link on the donor email message or responding back to the email asking to be removed. Please note that if you have previously unsubscribed but subsequently donate (or attend a donor event), then we may send you follow up communications regarding your support of our mission.

Learn More

Applicant information

This Applicant information notice supplements our Privacy Policy in connection with applicants. If you apply for a job with Bubblesme via an online application or recruiting site, we will obtain the information you choose to provide in your application for that purpose. For example, we collect professional or employment-related information that typically includes details regarding your employment history, experience, and qualifications; as well as education information, including degrees obtained and academic records.

Regional information

This Regional information notice supplements our Privacy Policy. In certain regions, you may have certain additional rights. This may include the right to request access or to update or review your information, request that it be deleted or anonymized, or object to or restrict Bubblesme using it for certain purposes.

If you wish to exercise a right, please Contact Bubblesme . Our ability to respond to specific requests may be limited by applicable law and the functionality of our Service.

International Data Transfer : Our Service is operated and managed on servers located within the United States. If you choose to use our Service from Europe or other regions of the world with laws governing data collection and use that differ from United States law, then you acknowledge that Bubblesme will transfer, store, and process your personal information to New Zealand for the purpose of performing the Service according to our contract (e.g., our Terms of Service) and for any other purpose for which you provide explicit, informed consent.

 

Full policy

What types of cookies and similar technologies does Bubblesme  use?

To provide a personalized learning and high-quality experience for our users, we may use cookies and similar technologies that automatically collect certain information from your browser or device when you visit our website, read our emails, use our Service or otherwise engage with us.

A cookie is a piece of data contained in a very small text file that is stored in your browser or elsewhere in your hard drive. We use cookies, web beacons, log files, and a variety of similar technologies (collectively, “cookies”) to collect information from your browser or device. These technologies collect information about how you use the Service (e.g., the pages you view, the links you click, and other actions you take on the Service), information about your browser and online usage patterns (e.g., Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, pages viewed, whether you opened an email, links clicked), and information about the device(s) you use to access the Service (e.g., mobile device identifier, mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, and whether you access the Service from multiple devices).

Why do we use these technologies?

We may use the information collected through these technologies to better display our website, to save you time, to provide better technical support, for promotional purposes, and to measure and analyze website usage. For example, these technologies help us to:

1. Keep track of whether you are signed in or have previously signed in so that we can display all the features that are available to you.
2. Remember your settings on the pages you visit, so that we can display your preferred content the next time you visit.
3. Customize the function and appearance of the pages you visit based on information relating to your account; for example, in order to default you to a particular study level, or to remember customized settings for a report.
4. Measure and analyze website usage for various purposes including providing and enhancing the Service.

 

Your Choices

You may be able to refuse or disable cookies by adjusting your web browser settings. Some browsers have options that allow the visitor to control whether the browser will accept cookies, reject cookies, or notify the visitor each time a cookie is sent. Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section). If you choose to refuse, disable, or delete these technologies, some of the functionality of the Services may no longer be available to you. And deleting cookies may in some cases cancel the opt-out selection in your browser. Although most browsers and devices accept cookies by default, you can usually manage settings to clear or decline cookies (for instance, by using a “private” or “incognito” mode). If you disable cookies, however, some of the features of our services may not function properly.

To learn more about how to opt-out of ad targeting (and Targeting Cookies), you can go to the Network Advertising Initiative (NAI), the Digital Advertising Alliance’s Consumer Choice (DAA), or Your Online Choices (EDAA) if you are in the European Economic Area. If you use these tools, you will need to opt-out separately for each of your devices and for each web browser on each device. You may also be able to limit interest-based advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest based ads” (Android).