I. GENERAL
Welcome to the website of Brightimaginations.com, which is owned and operated by Bright Imaginations, LLC (sometimes referred to as the “Bright Imaginations,” “Company,” “we” or “us”).
Bright Imaginations supports freedom of speech, both on and off the Internet. However, the goal of this Web site is to provide access to the widest selection of merchandise to the largest group of people possible. To ensure a safe, non-offensive environment for all of our users, we have established our Terms of Use and Service. It spells out what you can expect from us and what we expect from you. By accessing any areas of brightimaginations.com, users (Users) agree to be legally bound and to abide by the terms set forth below.
These Terms of Use and Service and constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Bright Imaginations, LLC, concerning your access to and use of the brightimaginations.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use and Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use and Service from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use and Service, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use and Service by your continued use of the Site after the date such revised Terms of Use and Service are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
II. TRADEMARKS
“Brightimaginations.com” and the phrase “Bright Imaginations” is a service mark of Bright Imaginations, LLC, and/or its affiliates. All rights reserved. These and other brightimaginations.com graphics, logs and service marks and trademarks of Bright Imaginations, LLC, and its affiliates may not be used without express prior written consent of Bright Imaginations, LLC, or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on brightimaginations.com are the property of their respective owners.
III. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of brightimaginations.com is at User’s sole risk. Neither brightimaginations.com nor its affiliates nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, Providers), or the like, warrant that brightimaginations.com will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of brightimaginations.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through brightimaginations.com.
THIS SITE IS PROVIDED BY BRIGHTIMAGINATIONS.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. BRIGHTIMAGINATIONS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BRIGHTIMAGINATIONS.COM.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRIGHTIMAGINATIONS.COM.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY BRIGHTIMAGINATIONS.COM.COM NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Under no circumstance shall brightimaginations.com or any other party involved in creating, producing, or distributing brightimaginations.com be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use brightimaginations.com, including but not limited to reliance by User on any information obtained from brightimaginations.com or that result from mistakes, omissions, interruptions, deletion of files or E-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to brightimaginations.com’s records, programs or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through brightimaginations.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
IV. CONTENT
A. USER LICENSE
Purchase of a product entitles the purchaser the right to reproduce the pages for a single classroom use only. Duplication for another teacher, grade level team, an entire school, an entire school system or commercial purposes is strictly forbidden without prior written permission from Bright Imaginations. (Except that a substitute teacher in your classroom may use the purchased materials while teaching in your classroom.) Additional user licenses are available for purchase through TeachersPayTeachers.com; one additional license per additional user must be purchased. Only by purchasing additional user licenses may multiple teachers share this product.
B. PROPRIETARY RIGHTS
User acknowledges that brightimaginations.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, Content) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and brightimaginations.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
C. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III(A) above, User may upload to or otherwise distribute on brightimaginations.com only Content that is not subject to any copyright or other proprietary rights protection (collectively, Public Content), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phase such as “Copyright, owned by Bright Imaginations, LLC; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither brightimaginations.com, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to brightimaginations.com at the following E-mail address: [email protected]. By submitting Content to any Usersubmit areas, including without limitation any product reviews or participation in any chat rooms, user automatically grants, or warrants, that the owner of such Content has expressly granted brightimaginations.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User’s personal use. Subject to this grant, the owner of Content placed on brightimaginations.com retains any and all rights which may exist in such Content.
D. THIRD-PARTY CONTENT
Brightimaginations.com is a distributor and not a publisher of Content supplied by third parties and Users. Brightimaginations.com has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of brightimaginations.com, are those of the respective authors or distributors and not of brightimaginations.com or its affiliates or any of their officers, directors, employees or agents. Neither brightimaginations.com nor its affiliates, nor any of their officers, directors, employees or agents, nor any third party, including any Provider, or any other User of brightimaginations.com, guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through brightimaginations.com represents the opinions and judgments of the respective Provider, or User not under contract with brightimaginations.com. Brightimaginations.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on brightimaginations.com by anyone other than authorized brightimaginations.com employees. Under no circumstances shall brightimaginations.com, or its affiliates, or any of their officers, directors, employees or agents be liable for any loss, damage or harm caused by User’s reliance on information obtained through brightimaginations.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through brightimaginations.com.
E. EXPORT
The United States export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations—including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from brightimaginations.com to either a foreign national or a foreign destination in violation of such laws.
V. “TEACHERS PAY TEACHERS”
A. Relationship with TeachersPayTeachers.com
Bright Imaginations’ products are currently available for sale through a third-party website, TeachersPayTeachers.com. Company and TeachersPayTeachers.com are independent parties, and Company is not legally responsible, nor can it be held liable, for damages of any kind, arising out of or in connection to any cause of action arising from your use of the TeachersPayTeachers.com website.
B. Refund Policy
In general, due to the nature of electronic media, all sales of products are final – no refunds. However, there are certain, limited exceptions in which a refund would be warranted; please see the refund policy on the TeachersPayTeachers.com website:
Any refund request meeting one of the exceptions needs to be submitted through the TeachersPayTeachers.com website.
VI. ONLINE CONDUCT
User agrees to use brightimaginations.com only for lawful purposes. User is prohibited from posting on or transmitting through brightimaginations.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If brightimaginations.com is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User (e.g., through an online review or chat room), brightimaginations.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from brightimaginations.com. brightimaginations.com may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate brightimaginations.com; or (iii) to protect the rights or property of brightimaginations.com, its Users or Providers.
Brightimaginations.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, brightimaginations.com, the communities that make up brightimaginations.com, or any rights of brightimaginations.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither brightimaginations.com nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither brightimaginations.com, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on brightimaginations.com.
VII. PRIVACY POLICY
In accordance with the terms of brightimaginations.com’s Privacy Policy, brightimaginations.com respects the privacy of its Users. By using the Site, you agree to be bound by our Privacy Policy, which is published on brightimaginations.com and incorporated into these Terms of Use and Service. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States
VIII. TERMINATION OF USAGE
Brightimaginations.com may terminate User’s access, or suspend User’s access to all or part of brightimaginations.com, without notice, for any conduct that brightimaginations.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third party Provider, a service provider, or brightimaginations.com.
IX. USAGE BY CHILDREN UNDER 18; COMPLIANCE WITH COPPA
Brightimaginations.com cannot prohibit minors from visiting this site. Therefore, Brightimaginations.com must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase.
Brightimaginations.com requires that all purchases be made either: (i) by individuals 18 years of age or older, or (ii) by minors under 18, through a brightimaginations.com authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE A PRODUCT AT BRIGHTIMAGINATIONS.COM, YOU ARE REPRESENTING TO BRIGHTIMAGINATIONS.COM THAT YOU ARE EITHER (I) AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 18 WHO IS PURCHASING THROUGH A BRIGHTIMAGINATIONS.COM AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.
Further, we comply with the requirements of the federal Children’s Online Privacy Protection Rule (COPPA). We do not specifically market to children under the age of 13; our website is directed to people who are at least 13 years old or older. We do not knowingly collect any information from anyone under 13 years of age.
X. APPLICABLE LAW
This site is created and controlled by brightimaginations.com in the State of Tennessee. As such, the laws of the State of Tennessee will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. brightimaginations.com reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Tennessee, and of the United States of America located in the State of Tennessee for any litigation arising out of or relating to use of or purchase made through brightimaginations.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the courts of the State of Tennessee, and agrees not to plead or claim in any court of the State of Tennessee that such litigation brought therein has been brought in an inconvenient forum.
XI. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
XII. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. FURTHER, While we take precautions to keep our website virus-free, we do not guarantee that our website will be secure or free from bugs or viruses. You should use your own virus protection software. We will not be liable for any loss or damage caused by viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful that may infect your computer equipment, computer programs, mobile devices or programs, data or other proprietary material due to your use of our website or to your downloading of any content from it, or on any website linked to it.
XIII. Limitations on Linking and Framing
You may establish a hypertext link to our website so long as the link does not state or imply any sponsorship of your site by us or by our website. However, you may not, without our prior written permission, frame or inline link any of the content of our website, or incorporate into another site or other service any of our material, content or intellectual property.
XIV. SEVERABILITY
The provisions of these Terms of Use and Service are intended to be severable. If for any reason any provision of these Terms of Use and Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
XV. DATA RETENTION
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
XVI. CHANGES TO TERMS OF USE AND SERVICE
We may update these Terms of Use and Service from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
XVII. ACKNOWLEDGMENT
The Terms of Use and Service, including all documents referenced herein, represents the entire understanding between you and brightimaginations.com regarding your relationship with brightimaginations.com and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE AND SERVICE by using the brightimaginations.com Web site. The aforementioned Terms of Use and Service are subject to change.