Terms and Conditions of Service
1. General
The Spelling Bee Ninja website (“Website”) and related services the “Service”), including the Mai Spelling Bee Search Engine, The Spelling Bee Ninja Web Application are provided by the Spelling Bee Ninja (” “us,” or “we”). Access and use of the Services is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. Spelling Bee Ninja may amend, update or change these Terms and Conditions.
2. Description of Website and Service
The Service allows users to (i) create spelling bee study lists, to be used to improve English language spelling capabilities and to prepare for Spelling Bee competitions. (ii) train for spelling bee using our Spelling Bee Ninja web application and mobile phone app (iii) keep track of errors and progresses while using Spelling Bee Ninja, (iv) create and co ordinate classroom activities in order to prepare students for spelling bee competitions. Statisical data related to mispelled words is collected in order to feed the Mai Spelling Bee Search Engine in order to provide more and more precise insights for each words as more users will use ths services. Data is collected and aggregated in anonymous way and no connection with the phisical person is made, generic parameters such as students language, country and grade are be gathered to feed the database.
3. Registration
In connection with registering for and using the Service, you agree (i) to provide, current and complete information about you, especially regarding students grade, nationality and language and ; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to be fully responsible for all use of your account and for any actions that take place through your account.
4. Use of the service
By using our services you allow us to store and use spelling bee statistics related to your spelling tests, your language, your country, your grade and your school of origin if indicated (no personal information will be retained). If you are a teacher willing to create a classroom you agree to provide current and complete information about your students, especially regarding grade and nationality, as wrong value would compromise the statistical system reliability.
5. Your Representations and Warranties
You represent and warrant to Spelling Bee Ninja that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below. If you register with the Spelling Bee Ninja, you further represent and warrant that the identification materials you submit to Spelling Bee Ninja are true and accurate representations of legal identification documents, issued to you by a government entity in accordance with local laws, and that you are registering for the Spelling Bee Ninja for the express purpose of taking Spelling Tests and create Spelling lists. You further represent and warrant that you will carefully safeguard your password, user name, and account information, will not share your password or user name with any third party, and will not allow any third party to access your Spelling Bee Ninja account for any purpose.
6. Inappropriate Use
You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in Spelling Bee Ninja sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Spelling Bee Ninja or its users to any harm or liability of any kind. You will not use the Spelling Bee Ninja to collect information about our technology or to develop strategy, guides or other spelling bee preparation material or a similar spelling bee test service.
7. Indemnification of Spelling Bee Ninja
You agree to defend, indemnify and hold harmless Spelling Bee Ninja and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys’ fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions ,or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
8. Refund Policy
In the event of a Technical Issue, Spelling Bee Ninja will, at its option, either (a) provide the user with a refund for the affected period, or (b) use reasonable efforts to resolve the Technical Issue. For purposes of this Section, “Technical Issue” means: (i) the inability to use the system due to a failure in the Website or the App. Whether an issue constitutes a Technical Issue will be determined by Spelling Bee Ninja in its reasonable discretion. The amount of any refund will depend on the nature of the Technical Issue and will not exceed the total amount actually paid by the user for account subscription. To submit a valid claim for a refund, a user must (a) submit the Technical Issue in writing to Spelling Bee Ninja within 24 hours after the Technical Issue occurs, and respond to Spelling Bee Ninja’s requests for information or cooperation, (b) not have directly or indirectly caused the Technical Issue.
9. No representations or warranties by Spelling Bee Ninja
the service, including all images, audio files and other content therein, and any other information, property and rights granted or provided to you by Spelling Bee Ninja are provided to you on an “as is” basis. Spelling Bee Ninja and its suppliers make no representations or warranties of any kind with respect to the service, either express or implied, and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. without limiting the generality of the foregoing, Spelling Bee Ninja does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. access and use of the service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
10. Limitation on types of damages/limitation of liability
in no event will Spelling Bee Ninja be liable to you or any third party claiming through you (whether based in contract, tort, strict liability or other theory) for indirect, incidental, special, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the service or any portion thereof, including but not limited to the loss of use of the service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if Spelling Bee Ninja has been advised of the possibility of such damages. Spelling Bee Ninja’s liability to you or any third party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Spelling Bee Ninja for the service in the 12 months prior to the initial action giving rise to liability. this is an aggregate limit. the existence of more than one claim hereunder will not increase this limit.
11. Termination
Spelling Bee Ninja may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Spelling Bee Ninja account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Spelling Bee Ninja’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
12. Proprietary Rights in Service Content and Activity Materials
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the “Service Content”), are the proprietary property of Spelling Bee Ninja or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and Spelling Bee Ninja, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (collectively, the “Activity Materials”), shall be exclusively owned by Spelling Bee Ninja, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. Activity Materials will not include Translation Materials. By using the Service, you hereby assign to Spelling Bee Ninja any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of Spelling Bee Ninja or its licensors that are not expressly granted in these Terms and Conditions are reserved to Spelling Bee Ninja and its licensors.
13. Trademarks
“Spelling Bee Ninja” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Spelling Bee Ninja or their respective owners, and certain of them are registered with the United States Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Spelling Bee Ninja name or any Spelling Bee Ninja or third-party trademarks, service marks, graphics or logos.
14. Privacy
Use of the Service is also governed by our Privacy Policy, a copy of which is located at https://www.spellingbee.ninja/privacy. By using the Service, you consent to the terms of the Privacy Policy.
15. Notice for Claims of Copyright Violations and Agent for Notice
If you are a copyright owner and have a good faith belief that any material available through the service infringes upon your copyrights, you may submit a copyright infringement notification to Spelling Bee Ninja pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing: an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. By email:info@spellingbee.ninja
16. Language
This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
17. Miscellaneous
These Terms and Conditions constitute the entire agreement between Spelling Bee Ninja and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by Spelling Bee Ninja or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Spelling Bee Ninja may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Spelling Bee Ninja and you, and Spelling Bee Ninja’s and your respective successors and permitted assigns.
