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The following Terms of Service (the “Terms”) apply to your use of all websites, applications, web platforms, or all other products and services owned, controlled, operated, or hosted, whether now, or in the future, by KazooBadoo, Inc. and/or its corporate affiliates, parent companies, or subsidiaries (collectively referred to as “KazooBadoo”, “us”, or “we”), including but not limited to https://KazooBadoo.com, and all related application, services, tools, software, and functionalities (collectively referred to as “KazooBadoo Services” or the “Services”).
BETA / DEMO VERSION: Please understand that the current builds of the KazooBadoo Services provide an early test, or demo of anticipated future services. By using the KazooBadoo Services, you agree and understand that the KazooBadoo Services’ performance is not guaranteed, and the Services at times, may not reflect the functionality that may be advertised.
During the course of the Beta and Demo version, you may, at times be asked for feedback. Please understand that any feedback you give is completely voluntary, is not being made in trust or in confidence, and in no way creates or implies any contractual, confidential, or fiduciary relationship. KazooBadoo is under no obligation to compensate or credit you with any ideas or recommendations that you submit that may be later adopted.
KazooBadoo, Inc. is a Delaware Corporation that provides educational resources such as curriculum-based lesson quests / gamified lessons, avatar creation, chat, in-world currency, other lesson resources, and data analytics for parents and educators (“Content”), and allows Educators to share lesson plans and other lesson related materials (“User Materials”).
These Terms set forth certain terms and conditions of the legal contract between you and KazooBadoo with respect to your use of the Services, whether you are an unregistered visitor ("Visitor"), a free account holder ("Free Account Holder"), or a paying member ("Subscriber"). By using, visiting, or browsing any of the KazooBadoo Services, you agree to be bound by these Terms as well as our Privacy Policy (see here), which is incorporated here by reference. If you do not agree to these Terms of Service, please do not use any of the KazooBadoo Services.
Please read these Terms of Service carefully as they contain important information regarding your legal rights, remedies and obligations.
As used herein, the following capitalized terms shall have the meanings set forth as follows:
"Content" means and includes, without limitation, lesson/unit plans, activity guides, discussion guides, quizzes, tests, drawings, animations, videos, and other elements and materials, in any media or format now known or hereinafter devised, whether physical, electronic, digital, analog, or otherwise.
"KazooBadoo Content" means any and all Content (excluding User Materials) made available through the KazooBadoo Services, including any software or applications, and Content owned or controlled by KazooBadoo and/or its corporate affiliates, as well as Content licensed or otherwise provided to KazooBadoo by Licensors/Suppliers (as defined below).
"Licensors/Suppliers" means any and all third parties that make available to KazooBadoo, pursuant to a license or otherwise, their Content, products, or services for use, display, performance, and/or distribution with the KazooBadoo Services.
“Trademarks” means any and all marks, brands, logos, designs, character names, location names, slogans, catchwords, business and tradenames, trade dress, packaging designs, label designs, phrases, webpage layouts, look and feel, and any other indication of source, origin or identification, both registered and unregistered, owned or controlled by KazooBadoo, its affiliates, and/or Licensors/Suppliers. All Trademarks owned or controlled by KazooBadoo, both registered and unregistered, including without limitation the words KazooBadoo, Octodoo, logos, and the layout and design of the website and web applications are referred to herein as “KazooBadoo Trademarks”.
Upload, submit, record, stream, distribute, or otherwise make available through the KazooBadoo Services, but excluding any and all KazooBadoo Content.
“Subscription Terms” means the terms pertaining to your subscription to the KazooBadoo Content and KazooBadoo Services. Users may subscribe to the KazooBadoo Services through different means and may modify these terms of service.
These Terms of Services shall remain in full force and effect for as long as you use the KazooBadoo Platform and KazooBadoo Services, whether as a visitor, Free Account Holder, or Subscriber. You may terminate your account or membership at any time and for any reason, by following the instructions on your User Profile. KazooBadoo reserves the right to terminate your free account or membership, at any time and for any reason, including by not limited to violation of these terms, and/or violation of KazooBadoo’s community guidelines, effective immediately, upon sending you notice at the email address provided by you during your account creation, or any other such contact information that you provide subsequently. If KazooBadoo terminates your account due to a breach of these Terms of Service or KazooBadoo’s community guidelines, you shall not be entitled to a refund of any unused portion of your subscription fee (if any). These Terms of Service shall remain in full force and effect even after your account is terminated, except however, that User Materials uploaded or created by you may no longer be accessible through the KazooBadoo Services once your account has been terminated.
Notwithstanding the foregoing, you acknowledge that any license granted to Us to use User Material uploaded by you that is integrated into the KazooBadoo platform, shall extend in perpetuity.
Use of the KazooBadoo Services are void where prohibited by law. By creating an account, either as a Free Account Holder of Subscriber, you represent and warrant that: (i) All registration information submitted by you, either directly, or through any third-party sign-on services that KazooBadoo may employ, is truthful and accurate and you agree to maintain the accuracy of any such information. (ii) You are at least 18 years of age or have been registered by a parent or Educator and (iii) You use of the KazooBadoo Services does not violate any applicable law or regulation. If it is discovered that you have misrepresented any of the foregoing, your account may be subject to deletion without warning. We, in our sole discretion, may refuse to offer the KazooBadoo Services to any user or entity that does not meet our eligibility criteria, and we reserve the right to change such eligibility criteria at any time without notice.
Subject to your compliance with these Terms of Service, KazooBadoo grants you, except where your Subscription Terms may differ, a limited, personal, non-exclusive, non-commercial, revocable, non-assignable, and non-transferable license to use, access, or view the KazooBadoo Services (excluding any source and object code) for your personal use, in accordance with your Subscription Terms. This license is subject to you: (i) Maintaining all copyright and other proprietary notices contained in the KazooBadoo Services, and KazooBadoo Content, or on any copy of the KazooBadoo Content that you use. (ii) Not using the KazooBadoo Services and KazooBadoo Content in a manner that suggests an association with KazooBadoo or any of its Licensors/Suppliers, or affiliates. (iii) Not modifying any of the KazooBadoo Services. (iv) No allowing or aiding any third-party to copy, adapt, reverse engineer, decompile, modify, or attempt to copy, adapt, reverse engineer, decompile, modify the source or object code associated with any of the KazooBadoo Services and (v) Not manipulating the KazooBadoo Services in any way that affects the experience of other users.
You also agree that you will not: (i) Use any robot, spider, scraper, rover, or any other data mining process or technology to monitor, cache, frame, mask, extract, copy, or distribute any KazooBadoo Content, nor will you. (ii) Modify, frame, reproduce, archive, lease, sell, exchange, or create derivative works from, publish by hard or soft copy, publicly perform, display, disseminate, broadcast, retransmit, distribute, or circulate to any third-party, or otherwise use the KazooBadoo Content in any way for corporate or commercial purpose except as expressly permitted by these Terms of Service, or by your Subscription Terms.
KazooBadoo seeks to provide our users with the tools to create their own stories. However, we ask that all our users do their part in making KazooBadoo an inclusive and inviting community for all users. You are solely responsible for all interactions with the KazooBadoo service or any other members, including any email messages, messages, and communications, either posted through the KazooBadoo platform, or distributed by you, or any content resulting from your use of the KazooBadoo Services.We want all our users to feel safe while using our services and ask that you act in a responsible manner. You agree not to, without limitation:
(i) Violate any applicable law or regulation.
(ii) Submit or upload any materials that conflict with any of your representations and warranties set forth in Section 15 of these Terms of Service.
(iii) Infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity, and/or contractual rights.
(iv) Use any content or information available through the KazooBadoo Services for any unauthorized purpose.
(v) Mislead users as to the features, functionality, origin, or capabilities of the KazooBadoo Services.
(vi) Interfere with or damage any of the KazooBadoo Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing of electronic mail address information, or similar methods or technology.
(vii) Use any of the KazooBadoo Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information, or account numbers, or any defamatory materials of any kind, except where you have obtained express permission from such other person or entity in connection with any of the foregoing;
(viii) use any of the KazooBadoo Services in connection with the distribution of unsolicited commercial e-mail ("Spam") or advertisements.
(ix) "Stalk" or harass any other user of the KazooBadoo Services.
(x) Collect or store any information about any other user other than in the course of the permitted use of the KazooBadoo Services.
(xi) Use any of the KazooBadoo Services for any commercial purpose whatsoever (including, without limitation, to research, advertise, market, promote, sell, or otherwise exploit any product or service).
(xii) Sell or otherwise transfer any user information (e.g., user profiles)) or
(xii) Assist any third party in doing any of the foregoing.
(xiii) Provide any personal information while using the Services.
While using the KazooBadoo Services, we ask that you exercise good judgement and uphold our company values, which we feel will help us foster a kind, and accepting community.
Company Mission and Values: Mission KazooBadoo’s goal is to provide kids, educators and parents with educational resources that teach the way kids learn. KazooBadoo is democratizing access to educational tools and resources to address the growing educational gap in elementary education. We aim to support teachers by providing them with next generation tools to better engage their students through storytelling and experiences, and we strive to help kids fall in love with learning.
Values At KazooBadoo we strive to: Foster Trust. This means open and honest communication, as well as accountability – internally across teams and externally with customers. We follow through. We admit to and learn from inevitable mistakes or missteps. We’re committed to always remembering our higher purpose of accessibility, inclusion, and inspired content to improve lives.
Build Equity. In recognizing each person’s inherent humanity, dignity, and worth, we recognize that not everyone begins with the same advantages and opportunities. Therefore, we work to lift people up, both with our app and within our teams. We give weight to diversity of thinking as well as other forms of representation and inclusion.
Solve Problems. We work to understand our customers, so we can understand what problems they face and what and how we can solve those problems. When possible, we come to the table with ideas and solutions and are ready to abandon an idea or solution that is unworkable or doesn’t actually solve the problem.
Spark Joy. Beyond solving problems, we will find ways to delight customers and the communities we serve. We will take time to celebrate moments of success and joy. We’ll work to recognize and uplift inspiring moments and people.
Embrace Change and Grow. We actively innovate, evolve and grow. We seek ways to improve both iteratively and exponentially to the betterment of ourselves, our teams, our customers, and the world.
We reserve the right, in our sole discretion and without prior notice to you, to limit the amount of KazooBadoo Content and Collaborative Content, you may access, or share, and the number of recipients to whom you may send such KazooBadoo Content and Collaborative Content. If we determine, in our sole discretion, that you are in violation of any of the foregoing rules, or community values, or that you are infringing on the rights of any third-party, we may terminate your account and/or subscription, as appropriate, and may prohibit you from creating any new accounts or subscriptions on the KazooBadoo platform. You will be solely responsible for any harm or damages resulting from your interactions with others while using the KazooBadoo Services and KazooBadoo Content, and KazooBadoo takes no responsibility for any harm or damages resulting from your conduct. We reserve the right, but shall have no obligation, to monitor your use of the KazooBadoo Services, and your interactions with other users, and may take any action in good faith to restrict access to, or the availability of, any material that KazooBadoo or another user of the KazooBadoo Services may consider to be obscene, lewd, defamatory, lascivious, filthy, excessively violent, harassing, or otherwise objectionable
Your privacy is extremely important to us. The KazooBadoo Services may collect some personal data of our Users. Accordingly, by registering a KazooBadoo account, you hereby waive any and all privacy expectations with respect to KazooBadoo’s use of such data. The specific data collected, manner collected, and the purpose for such collection is elaborated in our Privacy Policy.In addition to the above, KazooBadoo may collect or saver User’s personal identifiable information at various times. Please view our Privacy Policy here.
You acknowledge and agree that all KazooBadoo Services, Trademarks, and KazooBadoo Content are the property of KazooBadoo and/or Licensors/Suppliers (as the case may be) and are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by KazooBadoo and/or Licensors/Suppliers (as applicable), you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from, any Trademark or KazooBadoo Content, or otherwise use any Trademark or KazooBadoo Content in any way, except as expressly permitted by your Subscription Terms. You also agree not to retrieve data or other content or any materials from the KazooBadoo Services to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots," or otherwise. You further agree not to use any Trademark or KazooBadoo Content as metatags on other web sites.
The KazooBadoo Services may contain Content of third parties, including Services provided by Licensors/Suppliers (collectively "Third-party Content"). KazooBadoo does not control Third-party Sites and makes no representations or warranties about them. You understand that by using the KazooBadoo Services, you may be exposed to Third-party Content or Third-party Sites that are false, offensive, indecent, or otherwise objectionable. Under no circumstances will KazooBadoo be liable in any way for any Third-party Content or Third-party Sites, including, without limitation, any errors or omissions in any Third-party Content or Third-party Sites or any loss or damage of any kind incurred as a result of the use of any Third-party Content or Third-party Sites. You agree to bear all risks associated with using or relying upon Third-party Content or Third-party Sites, including without limitation, profiles of other users.
In certain instances, Educators may submit lesson plans and ideas to be incorporated onto the KazooBadoo platform. Submission of a lesson plan does not guarantee that your lesson plan will be chosen. By submitting a lesson plan or idea, you acknowledge that the submission was voluntary and elective and you have done so without any expectation of compensation.
Your correspondence and business dealings with any third party on or through any of the kazoobadoo services including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties, and representations associated with any such dealings, are solely between you and the third party. you agree to review and evaluate all policies, rules, terms, and regulations, including the privacy policies and terms of use of each and any third-party site that you visit, and bear all risks associated with, third-party content and third-party sites.
We want you to share all the fun Content available through the KazooBadoo Services, you may link from your own website to one or more KazooBadoo Services, PROVIDED, however that you:
(i) Must NOT frame or create a browser or border environment around any of the Content on the linked KazooBadoo Services or otherwise mirror any part of the linked KazooBadoo Services.
(ii) Must NOT imply that KazooBadoo and/or any of its Licensors/Suppliers or the linked KazooBadoo Services are endorsing or sponsoring you, your site, or any of your products or services, unless expressly authorized in writing by KazooBadoo and/or its Licensors/Suppliers.
(iii) Must NOT present false information about or disparage, tarnish, or otherwise, in KazooBadoo’s sole opinion, harm KazooBadoo and/or any of its Licensors/Suppliers in any way.
(iv) Must NOT use any KazooBadoo Trademarks without the prior written permission of KazooBadoo or use any Licensors/Suppliers Trademarks without the prior written permission of their respective owners.
(v) Must NOT contain Content that could be construed as distasteful, offensive, controversial, or otherwise objectionable (in KazooBadoo’s sole opinion). Further, you may not monetize access to your linked Content, except where otherwise expressly permitted by your Subscription Terms.
(i) Be defamatory, libelous, slanderous, or threatening.
(ii) Contain sexually explicit content that is pornographic, obscene, harmful to minors or constitute violations of child pornography or child sexual exploitation laws.
(iii) Denigrate any ethnic, racial, sexual, or religious group by stereotypical depiction or otherwise.
(iv) Exploit images or the likeness of any individual other than yourself (except where you have obtained express permission from such other individual(s) for such exploitation).
(v) Encourage or otherwise depict glamorized drug use.
(vi) Make use of offensive language or images.
(vii) promote physical harm of any kind against any individual or group or characterize violence as acceptable, glamorous, or desirable.
(viii) Contain your or any other individual’s personal contact information.
(ix) Promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.
(x) Provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
(xi) Solicit passwords or personal identifying information for commercial or unlawful purposes from other users and/or
(xii) Engage in any commercial activities whatsoever and/or sales without KazooBadoo’s prior written consent and
You agree to defend, indemnify, reimburse, and hold KazooBadoo and its parents, subsidiaries and affiliated entities, its Licensors/Suppliers, and its and their respective members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees, and assigns harmless from and against any and all liability, loss, damages, judgments, costs, and expenses (including reasonable attorney’s fees, costs and expenses, and court costs) arising out of or related to:
(i) Your use of the KazooBadoo Services.
(ii) KazooBadoo’s use of your User Materials.
(iii) Any breach or alleged breach of your representations and warranties and/or any breach, alleged breach, or violation of the notices, terms, and conditions hereof.
(iv) Your violation or alleged or threatened violation of any laws, rules or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity, or moral rights of any third party, arising from the submission and/or use of your User Materials as contemplated hereunder.
KazooBadoo strives to provide you with the best possible experience, but we cannot guarantee that there will be no errors or interruptions on our end. You acknowledge and agree that the operation of the KazooBadoo Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and KazooBadoo shall not be responsible to you or others for any such interruptions, errors, or problems or an outright discontinuance of the KazooBadoo Services. There are no assurances whatsoever that any of your User Materials or any part or element thereof shall be utilized through any of the KazooBadoo Services or if so utilized continue to be available for any particular time. KazooBadoo has the right, in KazooBadoo’s sole and absolute discretion, to remove from the KazooBadoo Services at any time your User Materials or any part thereof and/or to revoke any sublicense granted by KazooBadoo to any affiliate or unaffiliated third party. Notwithstanding the foregoing, KazooBadoo does not control the content of any User Materials and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content submitted through the KazooBadoo Services. The KazooBadoo Services may be discontinued at any time, with or without reason and without any liability to you or to any third party for any modification or discontinuance of the KazooBadoo Services.
All of the kazoobadoo services and kazoobadoo content are provided on an "as is", "as available", and "with all faults" basis. to the maximum extent permitted by applicable law, kazoobadoo and its licensors/suppliers disclaim all warranties, either express or implied, including but not limited to: uninterrupted or continuous availability of the kazoobadoo services, implied warranties of merchantability, fitness for a particular purpose, and noninfringement with respect to the kazoobadoo services.
In addition, although kazoobadoo intends to take reasonable steps to prevent the introduction of viruses or other destructive materials into the kazoobadoo services, and whether or not kazoobadoo implements the aforementioned reasonable protections, kazoobadoo does not warrant that the kazoobadoo services, any part thereof, or any information or other material accessible through the kazoobadoo services is free of viruses, worms, trojan horses, or other harmful components. some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to these terms of service.
By accessing or using any of the kazoobadoo services, you represent and warrant that your activities are lawful in every jurisdiction where you access or use such kazoobadoo services.
Kazoobadoo disclaims all responsibility and liability for any third-party use of the user materials made available through the kazoobadoo services by you pursuant to these terms of service. you shall be solely responsible for seeking relief for any unauthorized use of your user materials by a third party and not from kazoobadoo or any of its licensors/suppliers. this means, among other things, that if another person obtains your user materials from kazoobadoo (whether or not with kazoobadoo’s permission) and uses those materials in a way not authorized pursuant to the licenses granted hereunder, you will seek redress from that other person and not from kazoobadoo or any of its licensors/suppliers, and that you will not hold kazoobadoo or any of its licensors/suppliers responsible or liable for such unauthorized use.
To the maximum extent permitted by applicable law, in no event (including negligence) shall kazoobadoo, its officers, directors, members, parents, affiliates, subsidiaries, licensees, assigns, successors, agents, representatives, employees, or licensors/suppliers be liable for any damages whatsoever (including, without limitation, damages arising out of an action under contract, negligence, or any other theory and damages for loss of business profits, business interruption, loss of business information or other pecuniary loss, incidential damages, consequential damages, punitive damages, or exemplary damages), whether or not kazoobadoo has been advised of the possibility of such damage, arising out of or in connection with these terms of service or the use or performance of the kazoobadoo services. in no event shall kazoobadoo’s total liability to you under these terms of service from all causes of action and under all theories of liability exceed $200.00 usd. you expressly waive any and all right to seek or obtain equitable or injunctive relief relating in any way to these terms of service, the kazoobadoo services, and/or any user materials (including, without limitation, with respect to any use of your user materials by kazoobadoo). the parties acknowledge and agree that kazoobadoo has entered into these terms of service in reliance on the limitations of liability specified herein, which allocate the risk between you and kazoobadoo and form the basis of the bargain between the parties.
Software that may be made available through the KazooBadoo Services is further subject to United States export controls. No software may be downloaded through the KazooBadoo Services or otherwise exported or re-exported (a) into (or to a national or resident of) any Country to which the U.S. has embargoed goods or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
KazooBadoo shall have the right to assign these Terms of Service in whole or in part to any person or business entity. You may not assign your rights or delegate your obligations under these Terms of Service without the prior written consent of KazooBadoo. The transfer of the billing ownership may be requested by contacting support@KazooBadoo.com. KazooBadoo may honor this request at our sole discretion.
All notices, requests, and other communications ("Communications") under these Terms of Service must be in writing and sent to KazooBadoo, at 24771 Calle Serranona, Calabasas CA 91302. Communications shall be deemed received:
(i) For Communications sent by registered or certified mail, postage prepaid, return receipt requested or by Federal Express or other reputable overnight courier service, on the date of receipt as indicated on the return receipt.
(ii) For Communications sent by personal delivery, on the date of personal delivery.
(iii) For Communications sent by facsimile, upon transmission subject to telephone confirmation of receipt. No other form of notice shall be accepted under these Terms of Service.
You and KazooBadoo each agree that the laws of the State of California, without regard to principles of conflict of laws, will govern your use and purchase of products and services, these Terms of Service, and any dispute of any sort that might arise between you and KazooBadoo or any of our affiliates.
You and KazooBadoo each agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Los Angeles County, California, and BOTH YOU AND KAZOOBADOO IRREVOCABLY consent to, and waive all defenses of, lack of personal jurisdiction and forum non convenience with respect to venue and jurisdiction in the state and federal courts located in Cuyahoga County, Ohio.
These Terms of Service, together with our Terms of Sale, Privacy Policy, and Legal Notices, set forth the entire understanding and agreement of you and KazooBadoo as to the subject matter hereof and supersedes all prior proposals, discussions, or agreements (oral and written) with respect to such subject matter. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. KazooBadoo’s failure to act with respect to a breach by you or others does not waive KazooBadoo’s right to act with respect to antecedent, subsequent, or similar breaches.
KazooBadoo reserves the right to change the terms of these Terms of Service from time to time in its sole discretion. In the event of such changes, KazooBadoo will post the changes on the KazooBadoo Services and/or notify you via email. Also, KazooBadoo may ask you to review and acknowledge or consent to the changes at the time of your next account login or at the time of your next usage of the KazooBadoo Services. By continuing to use any of the KazooBadoo Services, you agree to be bound by the changes to these Terms of Service and the new terms of the Terms of Service shall govern.
