Bill of Rights Institute Mobile App End User License and Terms of Use Agreement
<p>Effective Date: July 1 2023</p>
<p>The Bill of Rights Institute (“<strong>we</strong>”, “<strong>us</strong>” or “<strong>our</strong>”) provides educational content to teachers and students (the “<strong>Services</strong>”). This End User License and Terms of Use Agreement (“<strong>Agreement</strong>”) governs your (“<strong>you</strong>”, “<strong>your</strong>” or “<strong>User</strong>”) use of the Bill of Rights mobile app software (“<strong>Software</strong>”) designed to operate on your smartphone, tablet or other mobile computing device (“<strong>Mobile Device</strong>”) and Services we provide through the Software. This Agreement includes and incorporates by reference our privacy policy available <a href="https://billofrightsinstitute.org/privacy-policy">here</a> as updated from time to time and effective upon posting, (“<strong>Privacy Policy</strong>”).</p>
<p>BY CLICKING THE “I AGREE”, OR DOWNLOADING AND INSTALLING OR USING THE SOFTWARE, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT (A) IF YOU ARE OVER THE AGE OF EIGHTEEN, YOU HAVE READ, UNDERSTAND, AND ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS, OR (B) IF YOU ARE UNDER THE AGE OF EIGHTEEN, YOUR PARENT OR GUARDIAN HAS REVIEWED CONSENTED TO THIS AGREEMENT AND YOUR USE OF THE SOFTWARE AND OUR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE, OR, YOU SHOULD DELETE IT FROM YOUR MOBILE DEVICE.</p>
<p>IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE THE SOFTWARE. <strong>IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION, AND ALSO CONTAINS A CLASS ACTION WAIVER. </strong> Please carefully review Sections 25 and 26 of this Agreement for more information.</p>
- Is not your own original creation or that you do not have permission to use (keep in mind that just because something on the internet does not have a copyright notice on it doesn’t mean you can use it without permission);
- Infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner;
- You know to be inaccurate;
- Is pornographic or obscene, including any images, photos, or videos (real or digitally created) that show sexual intercourse, oral sex, genitals or details of full buttocks, or female nipples (other than those showing women breast feeding or post-surgery scarring);
- Shows naked or partially naked children or depicts sexual content involving minors;
- Threatens to post intimate identifiable images, photos, or videos of others without their consent;
- Encourages or urges others to commit self-injury or suicide;
- Provides or links to material that exploits people in a sexual, violent or other illegal manner or that contains graphic images, photos or videos intended for sadistic pleasure or to glorify violence;
- Solicits personal information from anyone under the age of 18;
- Violates the rights of privacy or publicity of any person;
- Is harassing, libelous, slanderous, or defamatory;
- Contains video, audio photographs, or images of or any personally identifying information about any person without their consent or about any person who is a minor;
- Offers sexual services, the buying or selling of firearms and illegal or prescription drugs (even if it is legal in your region);
- May be deemed generally offensive to the community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism;
- Includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose;
- Is off topic;
- Is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice;
- Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
- Is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person;
- Violates any local, state, federal, and/or international laws or regulations;
- Promotes or provides instructional information about illegal or illicit activities, such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
- Disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission;
- Publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- Contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or,
- Is intended to overwhelm, cause technical disruptions of or denial of service to our or our service provider’s servers.
- Represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from any social media account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false.
- Represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize us and other users to use and distribute your User Content as necessary to exercise the licenses granted by you in this Agreement and in the manner contemplated by us and this Agreement.
- Agree to and do hereby grant us and our licensors, affiliates, partners, successors and assigns, a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, create derivative works of and publicly perform the User Content that you submit or post via the Software for any purpose, in any form, medium, or technology now known or later developed. You also acknowledge that (i) we may have already created, or be in the process of creating, content that may be substantially similar to your ideas at the time you submit those ideas to us, and (ii) elements of your ideas may not be subject to protection under copyright laws. You also agree to and do hereby grant us a license to use your user name in connection with our use of any User Content you provide to us. You also consent to the display of advertising within or adjacent to any of your User Content. Any comments or materials you send to us, including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be nonconfidential.
<p>Acknowledgement. We and you, the end-user of the Software, acknowledge that the Agreement is entered into by and between us and you, and is not with Apple, Inc. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this Agreement. We are solely responsible for the Software and any content contained therein. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Software. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at <a href="http://www.apple.com/legal/itunes/us/terms.html#APPS">http://www.apple.com/legal/itunes/us/terms.html#APPS</a>). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.</p>
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