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Thinkverse Terms of Use
Welcome, and thank you for your interest in Thinkverse, operated by Learnie, Inc. (hereafter referred as "we," "us," or "our"). We provide a range of online services, including but not limited to, the Thinkverse website located at thinkverse.co, downloadable content, and other related products and services (collectively, the “Services”). This Terms of Service agreement is a legal contract between you (“you” or “your”) and Learnie, Inc., governing your access to and use of the Services. All visitors and users of the Services are referred to individually as “User” and collectively as “Users”. By using the Services, you agree to be bound by these Terms of Service, along with our Thinkverse Privacy Policy. Our Privacy Policies explain how we collect, use, and share personal information. Please read these documents carefully.
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 THINKVERSE PRIVACY POLICY AND/OR THINKVERSE 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 THINKVERSE 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.
Definitions:
"User": Refers to any individual who accesses, browses, or utilizes the Services, whether registered or not.
"Services": Encompasses all products, features, applications, and websites offered by Learnie, Inc., including but not limited to the website located at learnieai.com, mobile applications, and APIs.
"Website": Refers to the web platform accessible at thinkverse.co and any associated web pages.
"Application": Refers to the application accessible at app.thinkverse.co
"School Personnel": Includes teachers, school leaders, aides, or any other staff members associated with an educational institution who use the Services for educational purposes.
"Child User": A User under the age of 13 who has registered with the consent and approval of a legal parent or guardian.
"Parent User": A User who is the legal parent or guardian of a Child User and who has provided consent for the Child User to access the Services.
"School User": Refers to any User who accesses the Services under the direction or supervision of School Personnel.
"Teacher": A User who utilizes Thinkverse features and tools for the purpose of providing tutoring, coaching, or other educational assistance to another User.
"Account": A User's individual access point for the Services, protected by a username and password.
"Integrated Service": Any third-party service, like Facebook or Google, that can be linked to the Services for the purpose of sharing information.
"Terms": Refers to these Terms of Service, including any future amendments or updates.
"Privacy Policy": The Thinkverse Privacy Policy, which outlines how User data is collected, used, and shared.
"School Consent": The approval given by School Personnel or the educational institution for a School User to access the Services.
"Applicable Privacy Law": Any local, state, federal, or international laws or regulations concerning the collection, use, and disclosure of personally identifiable information.
"FERPA": The Family Educational Rights and Privacy Act, a federal law that protects the privacy of student education records.
1. Eligibility; Accounts
THE WEBSITE IS NOT AVAILABLE TO: (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY THINKVERSE, 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 US resident at least 13 years of age, or (ii) you are not a US 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 Thinkverse, 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 Thinkverse, 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 Thinkverse at [email protected] You may be liable for the losses incurred by Thinkverse or others due to any unauthorized use of your Services account.
1.3. Integrated Service
Thinkverse may permit you to register for the Services through, or otherwise associate your Thinkverse account with, certain third party social networking or integrated services, such as Facebook Connect and Google (“Integrated Service”). Thinkverse's use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements. By registering for the Services using (or otherwise granting access to) an Integrated Service, you agree that Thinkverse 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 Thinkverse'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. Thinkverse 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.
In addition, Thinkverse utilizes artificial intelligence models and technologies provided by OpenAI. Our use of such technologies adheres to the OpenAI Business Terms and Conditions. Thinkverse commits to not sharing any conversation data or personal information generated through the use of these AI models with any third party, in accordance with our Privacy Policy. This ensures the confidentiality and integrity of your interactions with Thinkverse through AI-powered services.
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 1.5 (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 1.5 (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 Thinkverse, 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 Thinkverse 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 1.5, "School Use").
1.5. School Use
Thinkverse 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:
1.5.1. 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.
1.5.2. 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 THINKVERSE THE INFORMATION YOU DISCLOSE IN CONNECTION WITH THE REGISTRATION OF SUCH SCHOOL USER.
Specifically you agree, individually and on behalf of the Institution, that:
(i) You are familiar with and agree to be responsible for compliance with the Family Educational Rights and Privacy Act and the US 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").
(ii) You assume sole responsibility (and hereby agree that Thinkverse is not responsible for) for providing appropriate notices and disclosures to students using Thinkverse 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.
(iii) You assume sole responsibility (and hereby agree that Thinkverse 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, and disclosure of personally identifiable information to Thinkverse in connection therewith. You represent and warrant to Thinkverse 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 Thinkverse 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 Thinkverse 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.
1.5.3. 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 Thinkverse 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.
1.5.4. 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).
1.6. Teacher Use
Thinkverse may make available certain features and tools that allow Users to add "Teacher" to their account.
1.6.1. Teacher 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 Thinkverse account in order to provide them with tutoring or coaching help on Thinkverse. In these Terms, we refer to any User that you connect to your Thinkverse account (other than School Personnel and Parent Users, who have different account permissions) as a “Teacher”. 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.
1.6.2. If you are a Teacher, the following provisions apply to you. You may use Thinkverse 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. TEACHERS 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.
1.7. International Use
General Compliance:
Thinkverse operates primarily in the United States but is accessible globally. By using the Services outside the United States, you consent to the transfer, storage, and processing of your data in the United States.
Data Storage:
All user data is stored and processed in data centers located in the United States. These data centers adhere to industry standards and certifications to ensure data security and privacy.
Legal Jurisdiction:
The Services are governed by United States law. If you are using the Services from outside the United States, please be aware that you are responsible for compliance with any applicable local laws, including but not limited to data protection and privacy laws.
Age of Consent:
If you are under the age of 18 (or the age of majority in your jurisdiction), you confirm that you have received parental consent, if required by your jurisdiction, to open an account for the Service and agree to these Terms.
GDPR Compliance:
For users in the European Union, Thinkverse is committed to compliance with the General Data Protection Regulation (GDPR). For more details, please refer to our Privacy Policy.
Other International Laws:
Users are responsible for ensuring that their use of the Services complies with all local, national, and international laws, including data protection and privacy laws relevant to their jurisdiction.
Restrictions:
Thinkverse reserves the right to limit the availability of the Services in certain countries or jurisdictions where it may be prohibited or where use would render Thinkverse in violation of any applicable laws or regulations.
2. Privacy Policy
Your privacy is important to Thinkverse. Please read the Thinkverse Privacy Policy and Thinkverse Kids Privacy Policy carefully for information relating to Thinkverse's collection, use, and disclosure of your personal information. Among other things, our Thinkverse Privacy Policy and Thinkverse 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. Privacy Principles
Our Privacy Policy is driven by our commitment to these Privacy Principles:
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We're deeply committed to creating a safe and secure online environment for you.
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We do not sell your personal information to third parties.
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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.
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We take extra precautions for our younger learners as described in ourChildren's Privacy Notice, including restricting child accounts to automatically block features that would allow a child to post or disclose personal information.
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We do not display advertising on learnieai.com. Our mission is to provide you with a world class education, not to sell you products.
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”).
Thinkverseis committed to Children's privacy.
Protecting the privacy of Children is especially important to Thinkverse. 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 Thinkverse 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 Thinkverse to collect information from a School User under the age of 13.
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. Thinkverse 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, Thinkverse 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 Thinkverse 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 Thinkverse within thirty days of receiving the notice of change as described under Section 15.1 (Notice) below. If Thinkverse 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 Thinkverse, 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 Thinkverse's then-current Terms.
5. User Content License Grant
5.1. User Content and Ownership
Thinkverse 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, Thinkverse does not guarantee any confidentiality with respect to any submissions. Consistent with Applicable Law, as between Thinkverse and you, you retain all ownership rights you have in any User Content you post or publish to the Services, and Thinkverse 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 Thinkverse
By posting, submitting or distributing User Content on or through the Services, you hereby grant to Thinkverse 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 Thinkverse'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 Thinkverse 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. Access to Your User Content
Thinkverse 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 Thinkverse may provide certain features intended to allow you to restrict some User Content you create from others, Thinkverse does not guarantee that such User Content will never be accessible by others. In the event of unauthorized access, Thinkverse will use reasonable efforts to notify you pursuant to Section 15.1 (Notice) below. THINKVERSE HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT.
5.4. User Content Disclaimer
You understand that when using the Services you will be exposed to User Content from a variety of sources, and that Thinkverse 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 Thinkverse with respect thereto. Thinkverse does not endorse any User Content or any opinion, recommendation or advice expressed therein, and Thinkverse expressly disclaims any and all liability in connection with User Content.
5.5. 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. Prohibited Conduct
6.1 YOU AGREE NOT TO:
6.1.1. use the Services for any commercial use or purpose unless expressly permitted by Thinkverse in writing, it being understood that the Services and related services are intended for personal, non-commercial use only;
6.1.2. except as expressly permitted under Sections 5.3 (License Grant to Users) these Terms, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Services Materials;
6.1.3. post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
6.1.4. 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;
6.1.5. use the Services in any manner that is harmful to minors, or in any manner that violates
6.2 Thinkverse's Community Guidelines;
6.2.1. 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;
6.2.2. 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;
6.2.3. Use bots or other automated methods to access the Services;
6.2.4. 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;
6.2.5. assert, or authorize, assist, or encourage any third party to assert, against Thinkverse 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;
6.2.6. 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);
6.2.7. 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;
6.2.8. 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;
6.2.9. 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;
6.2.10. 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 Thinkverse to give notice of the proposed activity and discuss alternative means to obtain the desired information from Thinkverse) notwithstanding this limitation;
6.2.11. modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent expressly permitted by Thinkverse herein or to the extent the foregoing restriction is expressly prohibited by applicable law (in which case you must Contact Thinkverse to give notice of the proposed activity and discuss whether Thinkverse is willing to provide the desired derivative works); or
6.1.12. 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.
6.3 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”). Thinkverse 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.
7. Term and Termination
7.1. 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.
7.2. Termination by Thinkverse
Thinkverse, 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 Thinkverse 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. Thinkverse 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 Thinkverse 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 Thinkverse may have at law or in equity. As discussed herein, Thinkverse 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.
7.3. 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 Thinkverse 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.
7.4. 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.
7.4.1. 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, Thinkverse 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 Thinkverse'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.
7.5. Responsibility for Pre-Termination activity
Termination of the Terms as to any User account will not limit Thinkverse's rights and remedies regarding any breach of these Terms occurring prior to such termination.
8. 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 Thinkverse 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.
9. Indemnification
You agree, to the extent permissible under your state's laws, to indemnify, defend, and hold harmless Thinkverse, and its parent, successors, affiliated companies, contractors, officers, directors, employees, agents and its third-party suppliers, licensors, and partners (“Thinkverse 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. Thinkverse reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Thinkverse, and you agree to cooperate with Thinkverse's defense of these claims. You agree not to settle any such matter without the prior written consent of Thinkverse. Thinkverse will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
10. Disclaimers; No Warranties
10.1. 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 "THINKVERSE OFFERINGS"), ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE THINKVERSE 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 THINKVERSE OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
10.2. Content
THINKVERSE, AND THE THINKVERSE 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.
THINKVERSE AND THE THINKVERSE PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT (1) THE THINKVERSE 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.
10.3. 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.
10.4. 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.
11. Limitation of Liability and Damages
11.1. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THINKVERSE OR THE THINKVERSE 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 THINKVERSE OR A THINKVERSE 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 THINKVERSE OFFERINGS, OR (iii) ANY OTHER INTERACTIONS WITH THINKVERSE OR ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE THINKVERSE 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, THINKVERSE's LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11.2. Limitation of Damages
IN NO EVENT WILL THINKVERSE'S OR THE THINKVERSE 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 THINKVERSE, 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.
11.3. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT THINKVERSE 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 THINKVERSE, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THINKVERSE. THINKVERSE WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
11.4. User Interactions and Release
11.4.1. User Disputes.
Thinkverse 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.
11.4.2. Release.
If you have a dispute with one or more Users, you release us (and the Thinkverse 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 California resident, you waive your rights under California 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 California resident, you waive your rights under any applicable statutes of a similar effect, to the fullest extent permissible under applicable law.
12. Miscellaneous (Including Dispute Resolution and Arbitration)
12.1. Notice
Thinkverse 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 Thinkverse 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 a 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.
12.2. Waiver
The failure of Thinkverse 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 Thinkverse.
12.3. Governing Law
The Terms will be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction.
12.4. 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.
12.4.1. Generally. In order to expedite and control the cost of disputes, Thinkverse 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:
12.4.2. Notice of Dispute. In the event of a Dispute, you or Thinkverse 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 and Thinkverse 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 Thinkverse may commence arbitration.
12.4.3. 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 Thinkverse may otherwise agree, shall be finally resolved by binding arbitration as described in this Section 12.4 (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 Boston, Massachusetts. Any court with jurisdiction over the parties may enforce the arbitrator's award.
12.4.4. 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 Thinkverse 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 12.4 (Dispute Resolution and Arbitration), then only that Dispute may be severed and brought in court. All other Disputes remain subject to this Section 12.4 (Dispute Resolution and Arbitration).
12.4.5. 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, Thinkverse 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.
12.4.6. Arbitration Fees. Whoever files the arbitration will pay the initial filing fee. If Thinkverse files, then Thinkverse 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.
12.4.7. 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.
12.4.8. 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 Santa Clara County, California, and each of you and Thinkverse hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purpose of litigating any such action. Notwithstanding this, Thinkverse 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.
12.5. 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.
12.6. Assignment
The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Thinkverse's prior written consent, but may be assigned by Thinkverse without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
12.7. 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 Thinkverse), and 8 (Prohibited Conduct) through 15 (Miscellaneous (Including Dispute Resolution and Arbitration)).
12.8. 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.
12.9. Entire Agreement
The Terms, the Privacy Policy and Guidelines constitute the entire agreement between you and Thinkverse 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 Thinkverse as set forth in Section 4 (Modification of the Terms) above.