Terms of Use

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Terms of Use

PLEASE ALSO READ BIG HEART WORLD’S PRIVACY POLICY.

The following are the terms of use (“Terms of Use”) that define the relationship between Big Heart World and you.

This site is the property of Sparkler Learning, Inc. (“Sparkler”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

Sparkler reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Sparkler grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Using the Service

As long as you are complying with all of the terms and conditions of this Agreement, Sparkler gives you permission to access and use Big Heart World (the Service). Big Heart World is available for your personal, noncommercial use.

We are constantly changing and improving Big Heart World. We may add or remove content, functionalities, or features, and we may suspend or stop a service altogether. You can stop using our Service at any time, although we’ll be sorry to see you go. We may also stop providing the Service to you, or add or create new limits to our Service or restrict access to all or a part of the Service at any time without notice or liability. 

Access to and use of the Service is free.

Your Information and Content

Ownership: In the course of using the Service, you and other users may provide certain content or information (including, but not limited to, questions, responses to prompts). You retain all ownership rights you have in any User Submissions. Big Heart World does not claim any ownership rights in the User Submissions. 

We will only share and use your information in accordance with Big Heart World’s current Privacy Policy.

All information posted or transmitted through the Service is the responsibility of the person that posted it, and we will not be liable for any errors or omissions in any content. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You acknowledge that Big Heart World and its designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any User Submission through or on the Service in whole or in part at any time for any reason or no reason with or without notice and without liability of any kind. Additionally, we do not guarantee that we will publish any of your User Submissions, and reserve the right to remove User Submissions from the Service at any time for any reason.

Privacy and Security

Your privacy is extremely important to us, and we take great care to limit what we collect and how we use it, and to enable you to understand our policies. Please read our Privacy Policy which explains how we treat your personal information and protect your privacy when you use our Service. By using our Service, you agree that Big Heart World can use such data in accordance with its Privacy Policy.

Big Heart World Technology

The Service and Big Heart World Technology are intended solely for the personal, non-commercial use of our users and may only be used in accordance with this Agreement. “Big Heart World Technology” means all past, present and future content of the Service, including, all the software, hardware and technology used to provide the Service, user interfaces, materials displayed or performed on the Service, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services.

You are not allowed to use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit Big Heart World for any purposes other than as expressly permitted under this Agreement. You will not access the Service to build a product or service using similar ideas, features, functions, interface or graphics.

You may not use content from Big Heart World, including User Submissions, unless you obtain permission from Sparkler Learning or are otherwise permitted by law. Don’t remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services.

Social Media

Big Heart World may, now or in the future, incorporate certain functions that allow you to interact with the Service through your accounts on certain supported third-party social networks or network storage sites, such as with “Like” and “Share” buttons, or otherwise grant access to a third-party social networking service, such as through Facebook Connect or Google, or other similar features (collectively “Linked Accounts”). Your use of Linked Accounts is subject to the applicable third-party terms.

Third-party Applications and Integrations

If you use any third-party applications, such as YouTube videos, while using our Service, you are solely responsible for your interactions with such Third-Party Applications.

You acknowledge and agree that in connection with certain Third-Party Applications, you will be required to create accounts on other websites in your name (“User Third-Party Accounts”) for such services to function. Such User Third-Party Accounts are required by the Third-Party Applications to be set up directly between you and the Third-Party Application. Use of the User Third-Party Accounts will be governed by the terms of use, agreements, policies, rules, guidelines and privacy policies of such websites (“Third-Party Application Terms”). You agree and acknowledge that you are solely responsible for compliance with such Third-Party Application Terms.

Modification to Agreement

We may modify this Agreement or Guidelines to, for example, reflect changes to the law or changes to our Services. You should look at the Agreement regularly. We’ll post notice of material modifications to this Agreement on this page. Changes will not apply retroactively and will only become effective when (a) you use the Service after you know about the change, or (b) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. Your continued use of the Services, following notice of the changes to the Agreement or Guidelines, constitutes your acceptance of our amended terms, policies or guidelines. If you do not agree to the modified Agreement, you should discontinue your use of the Service.

Your Representations and Warranty

You warrant, represent and agree that you will not provide any User Submissions or otherwise use the Service 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 Sparkler Learning or its licensors in violation of any applicable laws or regulations, including without limitation HIPPA and FERPA (the “Laws”); or (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable. Additionally, you represent, warrant and agree that you (i) possess all rights necessary to provide your User Submissions and grant Sparkler Learning the rights in this Agreement and (ii) you will comply with the Laws in connection with your use of the Service.

Acceptable Use and Conduct

We do our best to keep Big Heart World safe, but we cannot guarantee it. We need your help to keep this website safe, which includes the following commitments by you when using our Service:

  1. You will only use the Service as permitted by law.
  2. You will not post unauthorized commercial communications (such as spam or advertisements) on or through the Service.
  3. You will not collect Big Heart World content or information, or otherwise access the Service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  4. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Service.
  5. You will not upload viruses or other malicious code, files or programs.
  6. You will not bully, intimidate, or harass any user or use the Service in any manner that is threatening, abusive, violent, or harmful to any person or entity, or invasive of another’s privacy.
  7. You will not post or approve any User Submission or use the Service in a manner that infringes, violates, or misappropriates any third-party’s intellectual property rights or other proprietary rights, privacy rights or contractual rights.
  8. You will not post or approve content that: is hate speech, discriminating, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  9. You will not use the Service to do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory.
  10. You will not do anything that could disable, overburden, or impair the proper working or appearance of the Service or prevent other users from using the Service, such as a denial of service attack or interference with page rendering or other Service functionality.
  11. You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, including any users’ content or information, or otherwise access the Service, – except for Internet search engines (e.g., Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved.”
  12. You will not employ misleading names, email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin on any account or content transmitted to or through the Service.
  13. You will not use the Service in any commercially unreasonable manner or in any manner that would disparage Big Heart World, its Licensors, or its collaborators.
  14. You will not impersonate a Big Heart World team member or Sparkler employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.
  15. You will not use the Service in any manner that is harmful to minors. Without limiting the foregoing, you will not transmit or post any content anywhere on the Service, including any User Submission, that violate child pornography laws or that otherwise violates any child sexual exploitation laws. Big Heart World absolutely does not tolerate this and will report any suspected instances of child pornography or child endangerment, including reporting any of your user registration information, to law enforcement, including the National Center for Missing and Exploited Children.
  16. You will not copy, modify, or distribute any text, graphics, or other material or content available through the Service without our prior written permission, or if such content is a User Submission, the prior written consent of such user.
  17. You will not facilitate or encourage any violations of this Agreement or our policies, including, without, limitation, to facilitate the unlawful distribution of copyrighted content.

DISCLAIMERS 
We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

DISCLAIMER OF WARRANTIES. THE SERVICE (AND ANY ASSOCIATED CONTENT, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, USER SUBMISSIONS, TECHNOLOGY OR SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE TECHNOLOGY, SERVICES, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, USER SUBMISSIONS, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF QUALITY, ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BIG HEART WORLD MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS OR USER SUBMISSIONS WILL MEET YOUR REQUIREMENTS, BE TO YOUR LIKING, BE ERROR FREE OR UNINTERRUPTED, THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SOME FEATURES ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.

LIMITATION OF LIABILITY. UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL SPARKLER LEARNING, BIG HEART WORLD, OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, SUPPLIERS, PARTNERS OR AGENTS (“ORGANIZATIONAL PARTIES”), BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE THE SERVICES, CONTENT, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, OR USER SUBMISSIONS; OR (iii) ANY INTERACTION WITH ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING OTHER USERS.

IN NO EVENT WILL SPARKLER, BIG HEART WORLD, OR THE ORGANIZATIONAL PARTIES BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID FOR USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity

You will indemnify, defend, and hold Sparkler, its parents, partners, subsidiaries, affiliates, contractors, service providers, officers, and employees harmless from and against all damages, losses, demands, liabilities, settlements, costs and expenses of any kind (including reasonable attorneys’ fees) 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 Service, (ii) your violation of this Agreement (including any failure to obtain or provide any necessary consent and/or violation of applicable laws or regulations), (iii) the infringement by you or any third-party using your account of any intellectual property or other right of any person or entity, including in connection with your User Submissions, or (iv) your breach or alleged breach of any interaction, agreement, or policy between you and any other user.

Sparkler reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Sparkler. Sparkler will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Copyright Protection

It is Sparkler’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA“). Sparkler may remove any allegedly infringing content without any liability to you.

Term and Termination

This Agreement shall remain in full force and effect while you use the Service.

Dispute Resolution

a. Generally: In the interest of resolving disputes between you and Sparkler in the most expedient and cost effective manner, you and Sparkler agree that any and all disputes arising in connection with these Terms of Use shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms of Use, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms of Use. You understand and agree that, by entering into these Terms of Use, you and Sparkler are each waiving the right to a trial by jury or to participate in a class action.

b. Exceptions: Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.

c. Arbitration: Any arbitration between you and Sparkler will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Sparkler.

d. Notice; Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or Sparkler may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Sparkler shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Sparkler shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Sparkler in settlement of the dispute prior to the arbitrator’s award.

e. Fees: In the event that you commence arbitration in accordance with these Terms of Use, Sparkler will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in New York, NY, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Sparkler for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

f. No Class Actions: you and Sparkler agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Sparkler agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

g. Enforceability: if only Subsection F of this Section or the entirety of this Section is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described elsewhere in this Section shall govern any action arising out of or related to these Terms of Use.

Miscellaneous

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Sparkler shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Sparkler’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Sparkler’s prior written consent. Sparkler may transfer, assign or delegate this Agreement and its rights and obligations without restriction. This Agreement is governed by and construed in accordance with the laws of the State of New York without regard to the conflict of laws provisions thereof. To the extent any dispute arising from or relating to the subject matter of this Agreement is permitted to be brought in a court of law, such claim shall be subject to the exclusive jurisdiction of the state and federal courts located in New York, NY, and for all purposes of this Agreement, you and Sparkler consent to the exclusive jurisdiction and venue of such courts. Unless and solely to the extent that you or your Institution have a separate written agreement with Sparkler that governs your use of the Service (in which case such agreement will control), we both agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that the Agreement may not be modified, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Sparkler in any respect whatsoever.

Contact Sparkler at support@playsparkler.org and contact Big Heart World at support@bigheartworld.org.