1. Acceptance
a) Our App. These Terms of Use (the “Terms”) govern your use of Bimi Boo Kids Learning Academy (the “App”). These Terms have a force of a legally binding agreement, even if you are simply browsing without intention to contact us or register an account. The term “us,” “we” or “our” refers to the owners and operators of this App. The term “you” refers to the viewer of the App. Privacy Policy is another important document that you should familiarize yourself with because it describes our practices with respect to your personal information. You cannot visit the App if you do not agree to these Terms or the Privacy Policy. Sometimes we modify these Terms and the App itself. We don’t notify users about every change but you can see the date of the last update of these Terms at the top of this page. If you still wish to visit the App after we have updated it and/or its Terms, that constitutes your agreement to the updates.
b) Parental Consent. A child under 13 can only use our App after we obtain verifiable consent from a parent or guardian. If you provide such consent, you remain responsible for your child’s actions on the App and for anything that happens under the child’s account. You agree to be bound by these Terms and the Privacy Policy.
c) Third Parties. The App may contain references to third party websites and rely on third party services for support. We shall not be liable for any third party venues and cannot guarantee their performance. We do not monitor all content submitted to the App. We shall not be liable for user submissions or any third party content on the App.
2. Intellectual property
a) Our Intellectual Property. We and our content suppliers own all intellectual property rights in our App contents, logos, trademarks (whether registered or unregistered) and data. Our IP rights are protected by U.S. law and international IP conventions . By using our App you do not acquire any of our IP rights. Nevertheless, you can view and print out this App’s content for personal use. We reserve all rights that are not expressly granted under these Terms or other written agreements between you and us. We can use and implement any feedback that you voluntarily provide, without compensation to you.
b) Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our App and we will investigate.
3. User’s obligations
By visiting this App, you represent and agree that:
a) You cannot use this App if you are a sex offender.
b) You can only use the App for personal non-commercial purposes.
c) We may send notifications, newsletters and promotional offers to the email you used to sign up. See our Privacy Policy for more details.
d) You will not share your password or otherwise let others use your account, except as may be explicitly authorized by us. In any case, everything that happens under your account is your responsibility. Immediately report to [email protected] any security breach, including, without limitation, loss or theft of password.
e) Registering duplicate accounts is not allowed.
f) If you make a submission (e.g., a review), it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments or other content. We reserve the right to edit, reject or erase anything submitted to us without prior notice.
g) You will ask for our permission before copying anything from our App for republication.
h) You will not use our App for anything illegal.
i) We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
j) Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our App.
k) You will not impede the proper functioning of the App.
4. Confidentiality
You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.
5. Breach of these terms
If any user violates these Terms or any law, we can, without limitation: (i) ban that user from the App; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or moderate the user’s content; (iv) take any other action available under law.
6. Disclaimer of warranty; limitation of liability
a) EVERYTHING WE PROVIDE ON THIS APP IS ON AN “AS IS” BASIS, TO BE RELIED ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING ON THIS APP. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE.
b) WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
7. Indemnification
You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the App; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
8. Subscriptions & cancellations
Payments, taxes, cancellations and refunds are processed by the application stores that list our App. We have limited ability to control or change any aspect of your subscription purchased through app store . Accordingly, follow the instructions of the app store where you purchased the App to process payments, cancellations and refunds. To cancel auto-renewal, turn it off from your app store account settings at least 24 hours prior to the end of the current billing cycle.
9. Arbitration
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The place of arbitration shall be Douglas County, Nevada. The arbitration shall be governed by the laws of the State of Nevada. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. You understand that this Section means that, by using the App, you agree to arbitrate, thus, waiving your rights to sue in court and have a jury trial.
10. General
a) Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
b) Relationship of the Parties. You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement.
c) Hyperlinks. Linking to our App is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none. Links to third party sites on our App do not mean that we endorse or take any responsibility for them, and vice versa.
d) Severability. If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable.
e) Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
f) Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
g) Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.
