TERMS AND CONDITIONS – MUZZY BBC Language Learning For Children

TERMS AND CONDITIONS

MUZZYBBC® and MUZZY123® Mobile Application End-User License Agreement and Website Terms and Conditions

 

Thank you for accessing the MUZZY® mobile application (“App”) and/or visiting the MUZZY® websites located at www.muzzybbc.com and/or www.muzzy123.com (collectively, the “Site”). The Site and App are owned and operated by Growing Minds, LLC (“Growing Minds,” “MUZZY®,” “we,” “our” or “us”). You agree to the following MUZZYBBC® and MUZZY123® Mobile Application End-User License Agreement and Website Terms and Conditions (collectively, the “Terms and Conditions”), in their entirety, when you: (a) access or use the Site; (b) download, or attempt to download, the App as made available on the iPhone® and iPad®, as well as other mobile devices that run the iOS operating system (collectively, “Mobile Device”) by and through the Apple® App Store, the Google Play® store and other applicable venues (collectively, “Download Venues”); (c) access and/or download any of the text, audio, video, photographs, graphics, artwork, testimonials, activity books and/or other content featured on the Site (collectively, “Content”); (d) register to receive the MUZZY® newsletter (“Newsletter”) and/or activity books, where available (“Activity Books”); (e) access links to MUZZY’s® social media pages/accounts on third party social media websites, such as Facebook®, Google+®, X® and YouTube® (collectively, “Social Media Pages”); (f) purchase the MUZZY® DVD-set or other merchandise featured on the Site (collectively, “Merchandise”); and/or (g) purchase a membership to the MUZZY® Club website, which is owned and operated by our third party partner, Muzzy Learning UK Ltd. (“Muzzy Learning UK Ltd”) (“Membership” and together with the Site, App, Content, Newsletter, Activity Books, Social Media Pages and Merchandise, the “MUZZY® Offerings”).

The MUZZY® Website Privacy Policy (“Privacy Policy”) and any and all other applicable operating rules, policies and other supplemental terms and conditions or documents that may be published from time to time are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the Agreement carefully. If you do not agree to the terms and conditions of the Agreement in their entirety, you are not authorized to use the MUZZY® Offerings in any manner or form whatsoever.

THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST GROWING MINDS, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.

NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).

Apple®, Apple TV®, iPhone® and iPad® are registered trademarks of Apple, Inc. (“Apple”).  Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Google+®, Google Play® and YouTube® are registered trademarks of Google, Inc. (“Google”). X® is a registered trademark of X Corp. (“X”). Please be advised that Growing Minds is not in any way affiliated with Apple, Facebook, Google, LinkedIn or X, nor are the MUZZY® Offerings endorsed, administered or sponsored by any of the foregoing entities.

MUZZY® is a registered trademark of the British Broadcasting Company (“BBC”). MUZZY® and the BBC logo are used under license from the BBC. The Merchandise, Content and other material made available on the Site and on the MUZZY® Club website are protected by copyrights held by the BBC, DMP Organization and/or Growing Minds, as applicable, all rights reserved.

  1. Scope of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the MUZZY® Offerings. The Agreement constitutes the entire and only agreement between you and Growing Minds with respect to your use of the MUZZY® Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site and/or via the App that augment(s) or otherwise enhance(s) the current features of the MUZZY® Offerings shall be subject to the Agreement. You understand and agree that Growing Minds is not responsible or liable in any manner whatsoever for your inability to use the MUZZY® Offerings.
  2. Modification of Agreement. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site and in the App, and you should review the Agreement prior to using the MUZZY® Offerings. By your continued use of the MUZZY® Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
  3. Requirements. The MUZZY® Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The MUZZY® Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in the applicable jurisdiction). If an individual is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in the applicable jurisdiction), that individual does not have permission to use and/or access the MUZZY® Offerings.

In addition to the foregoing, individuals are not permitted to access the MUZZY® Offerings with a “Jail-Broken Mobile Device.”  For purposes of the Agreement, a Jail-Broken Mobile Device is a Mobile Device that runs Apple’s® iOS operating system (including the iPhone®, iPad® and second-generation Apple TV®) that has had any of its iOS-based software restrictions removed via any procedure that is not fully endorsed and authorized by Apple.

  1. Necessary Equipment; Wireless Charges. 

You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/Mobile Device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the MUZZY® Offerings.  MUZZY® does not guarantee the quality, speed or availability of the Internet connection associated with your Mobile Device and/or computer.  MUZZY® does not guarantee that the MUZZY® Offerings can be accessed: (a) on all Mobile Devices; (b) through all wireless service plans; (c) in connection with all Internet browsers; and/or (d) in all geographical areas.  Standard messaging, data and wireless access fees may apply to your use of the App.  You are fully responsible for all such charges and MUZZY® has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.

  1. License Grant; Usage Restrictions; Ownership. 

(a) License Grant; Termination.  Subject to the terms and conditions of the Agreement, MUZZY® hereby grants to you a personal, non-exclusive, non-transferable, revocable and limited license to access and use the MUZZY® Offerings.  MUZZY® may terminate this license or disable, remove or change the App, Site and/or any portion of the other MUZZY® Offerings in its sole discretion at any time, with or without notice, by remote updates or otherwise.  The license set forth above shall be in effect from the time that you access the Site and/or install the App, as applicable, and shall remain in effect unless and until this license is terminated by MUZZY®.  In addition, this license will terminate immediately if you fail to comply with any term or condition of the Agreement.  You agree upon expiration or termination of this license to immediately un-install the App and cease using the Site. 

(b) License; Usage Restrictions.  THE APP, SITE AND OTHER MUZZY® OFFERINGS ARE LICENSED TO YOU, NOT SOLD.  YOU MAY NOT SUBLICENSE, ASSIGN, RESELL, SHARE, PLEDGE, RENT OR TRANSFER ANY OF YOUR RIGHTS UNDER THE AGREEMENT IN RELATION TO THE APP, SITE, THE OTHER MUZZY® OFFERINGS OR ANY PORTION THEREOF.  EXCEPT AS EXPRESSLY PERMITTED BY COPYRIGHT LAWS, NO COPYING, REDISTRIBUTION, DISPLAYING, PERFORMING, REPRODUCING, LICENSING, TRANSFERRING OR PUBLICATION OF THE MUZZY® OFFERINGS IS PERMITTED WITHOUT THE EXPRESS PERMISSION OF MUZZY®, WHICH CONSENT SHALL BE AT MUZZY’S™ SOLE AND ABSOLUTE DISCRETION.  ANY SUCH COPY THAT IS MADE IS SUBJECT TO THE PROVISIONS OF THE AGREEMENT, AND ALL TITLES, TRADEMARKS, COPYRIGHT NOTICES AND/OR OTHER LEGENDS SHALL BE REPRODUCED ON SUCH COPY.  YOU MAY NOT MODIFY, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR CREATE DERIVATIVE WORKS OF ANY MUZZY® OFFERINGS OR OTHERWISE ATTEMPT TO: (i) DEFEAT, AVOID, BYPASS, REMOVE, DEACTIVATE OR OTHERWISE CIRCUMVENT ANY PROTECTION MECHANISMS ASSOCIATED WITH THE MUZZY® OFFERINGS INCLUDING, WITHOUT LIMITATION, ANY SUCH MECHANISM USED TO RESTRICT OR CONTROL THE FUNCTIONALITY OF THE MUZZY® OFFERINGS; OR (ii) DERIVE THE SOURCE CODE OR THE UNDERLYING IDEAS, ALGORITHMS, STRUCTURE OR ORGANIZATIONAL FORM OF THE APP, SITE OR OTHER MUZZY® OFFERINGS.  YOU SHALL NOT USE THE APP, SITE OR OTHER MUZZY® OFFERINGS TO DEVELOP ANY PRODUCT AND/OR SERVICE THAT HAS THE SAME OR ANY SIMILAR FUNCTION TO ANY OF THE MUZZY® OFFERINGS.  

(c) Export/Usage Restrictions.  You agree that the App may not be transferred or exported into any other country, or used in any manner prohibited by U.S. or other applicable export laws and/or regulations.  The MUZZY® Offerings are subject to, and you agree that you shall at all times comply with, all local, state, national and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the MUZZY® Offerings.  You agree not to use the MUZZY® Offerings: (i) for any commercial purposes; or (ii) to conduct any business or activity, or solicit the performance of any activity, which is prohibited by law or any contractual provision by which you are bound.

(d) Ownership.  MUZZY® is the sole and exclusive owner of the MUZZY® Offerings, and MUZZY® expressly reserves all right, title and interest in and to the MUZZY® Offerings including, without limitation, the subject computer code, characters, objects, themes, concepts, artwork, graphics, sounds, methods of operation, moral rights, documentation, text and any and all associated copyrights, trademarks and other intellectual property rights associated therewith.  You do not acquire ownership rights in or to any content, document, software, services or other materials viewed at or through the MUZZY® Offerings.  The posting of information or material by MUZZY® by and through the MUZZY® Offerings does not constitute a waiver of any right in or to such information and/or materials.

  1. Registration; App Installation; Uninstall. 

(a) Installation; Download Venues.  MUZZY® believes in providing users with clear, concise and complete disclosure before users download and install the App, including a description of the primary functions of the App.  The App requires user's consent prior to installation.  MUZZY® does not believe that users should be deceived into downloading or installing the App.  users may be able to download the App by and through available Download Venues.

(b) Registration.  In order to utilize certain MUZZY® Offerings, you may be required to submit a registration form (collectively, “Form”). The information that you must supply on the Form may include, without limitation: (i) your name; (ii) your mailing/billing address; (iii) your e-mail address; (iv) your telephone number; (v) your credit card information (where purchasing Merchandise and/or a Membership); and/or (vi) any other information requested by us on the Form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion. Growing Minds may reject your Form and/or terminate your Site/App account at any time and for any reason, in its sole discretion. Such reasons may include, without limitation: (A) where Growing Minds believes that you are in any way in breach of the Agreement; (B) where Growing Minds believes that you are engaged in any improper conduct in connection with the MUZZY® Offerings; and/or (C) where Growing Minds believes that you are, at any time, conducting any unauthorized commercial activity by or through your use of the MUZZY® Offerings.

(c) Uninstall.  The App can be completely uninstalled in a straightforward manner and without requiring undue effort or skill, in most cases by using the traditional "uninstall" app function contained within your Mobile Device.  Please be advised that in some instances, you may be required to restart your Mobile Device before all remnants of the App are completely uninstalled and removed from your Mobile Device.  If you experience any problems installing and/or uninstalling the App, please contact us via e-mail at: customerservice@growingmindsmedia.com.

(d) Download Venues.  The Agreement is entered into between you and MUZZY®, and not with the applicable Download Venue that you use to access the App.  As between MUZZY® and any participating Download Venue, MUZZY® is solely responsible for the App.  No Download Venue has any obligation to furnish any maintenance and/or support services with respect to the App. The Download Venues are third party owned and operated websites.  Use of those stores shall be governed by the applicable venue’s agreements, terms and conditions.  MUZZY® does not control the Download Venues or any of the actions, policies or decisions made by the operators of those stores.  If you accessed or downloaded the App from the Apple® Store, then you agree to use the App only: (i) on an Apple®-branded product or device that runs iOS (Apple’s® proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple® Store Terms of Service, as applicable.

THE APP IS NOT SPYWARE OR ADWARE.  THE APP WILL NOT MONITOR HOW YOU USE YOUR MOBILE DEVICE, NOR WILL IT DELIVER ADVERTISEMENTS TO YOUR MOBILE DEVICE OTHER THAN WITHIN THE APP ITSELF.

  1. Content. Subject to the terms and conditions of the Agreement, end-users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site, App and/or other MUZZY® Offerings. The Content is compiled, distributed and displayed by Growing Minds, as well as third-party content providers such as the BBC (“Third-Party Providers”). Growing Minds does not control the Content provided by Third-Party Providers that is made available by and through the MUZZY® Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Growing Minds does not represent or warrant that the Content and other information posted by and through the MUZZY® Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that Growing Minds will not be responsible for, and Growing Minds undertakes no responsibility to monitor or otherwise police Content provided by Third-Party Providers. You agree that Growing Minds shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
  2. Merchandise/Membership/Billing.

(a) Merchandise. You can purchase Merchandise by completing the applicable Form and providing the requisite Registration Data. Growing Minds may offer a one (1) year Membership free with the purchase of Merchandise that is not later returned for a refund. OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 8(a), ALL SALES OF MERCHANDISE ARE FINAL AND NON-REFUNDABLE.

Merchandise Payment Option #1: Where you have purchased the complete DVD set for an available foreign language under Merchandise Payment Option #2, your Payment Method will be charged One Hundred and Ninety-Nine Dollars ($199.00), plus applicable sales tax, on the date that Growing Minds ships the Merchandise. Where you are not completely satisfied with the Merchandise, you can return all items contained within your shipment of Merchandise within thirty (30) days of the date that you receive the Merchandise and receive a full refund of the purchase price. Where you do not return all items contained within your shipment of Merchandise within thirty (30) days of receipt of purchase, you will receive a one (1) year Membership free.

(b) Membership.

Membership Payment Option #1: Under Membership Payment Option #1, you will have access to one (1) foreign language in connection with the MUZZY® Club website. Upon registering for a Membership to the MUZZY® Club website under Membership Payment Option #1, the Payment Method that you provided during registration or updated at a later date will be charged Twenty-Nine Dollars ($29.00), on a quarterly (once every three (3) months, recurring basis for as long as your Membership remains active. Such fees will be charged in advance. You acknowledge and agree that Growing Minds will not obtain any additional authorization from you for this recurring payment. Every time that you use the Membership, you re-affirm that Growing Minds is authorized to charge your Payment Method and to have the fees applied to same.

Membership Payment Option #2: Under Membership Payment Option #2, you will have access to one (1) foreign language in connection with the MUZZY® Club website. Upon registering for a Membership to the MUZZY® Club website under Membership Payment Option #2, the Payment Method that you provided during registration or updated at a later date will be charged Forty-Nine Dollars ($49.00), on a bi-annual (once every six (6) months), recurring basis for as long as your Membership remains active. Such fees will be charged in advance. You acknowledge and agree that Growing Minds will not obtain any additional authorization from you for this recurring payment. Every time that you use the Membership, you re-affirm that Growing Minds is authorized to charge your Payment Method and to have the fees applied to same.

Membership Payment Option #3: Under Membership Payment Option #3, you will have access to one (1) foreign language in connection with the MUZZY® Club website. Upon registering for a Membership to the MUZZY® Club website under Membership Payment Option #3, the Payment Method that you provided during registration or updated at a later date will be charged Eighty-Nine Dollars ($89.00), on an annual, recurring basis for as long as your Membership remains active. Such fees will be charged in advance. You acknowledge and agree that Growing Minds will not obtain any additional authorization from you for this recurring payment. Every time that you use the Membership, you re-affirm that Growing Minds is authorized to charge your Payment Method and to have the fees applied to same.

Membership Payment Option #4: Under Membership Payment Option #4, you will have access to one (1) foreign language in connection with the MUZZY® Club website. Upon registering for a Membership to the MUZZY® Club website under Membership Payment Option #3, the Payment Method that you provided during registration or updated at a later date will be charged Ninety-Nine Dollars and Ninety-Five Cents ($99.00), on a two (2) year recurring basis for as long as your Membership remains active. Such fees will be charged in advance. You acknowledge and agree that Growing Minds will not obtain any additional authorization from you for this recurring payment. Every time that you use the Membership, you re-affirm that Growing Minds is authorized to charge your Payment Method and to have the fees applied to same.

Membership Payment Option #5: Under Membership Payment Option #5, you will have access to all seven (7) foreign languages offered in connection with the MUZZY® Club website. Upon registering for a Membership to the MUZZY® Club website under Membership Payment Option #4, the Payment Method that you provided during registration or updated at a later date will be charged Twelve Dollars and Ninety-Five Cents ($12.95), on a monthly, recurring basis for as long as your Membership remains active. Such fees will be charged in advance. You acknowledge and agree that Growing Minds will not obtain any additional authorization from you for this recurring payment. Every time that you use the Membership, you re-affirm that Growing Minds is authorized to charge your Payment Method and to have the fees applied to same.

Membership Payment Option #6: Under Membership Payment Option #6, you will have access to all seven (7) foreign language in connection with the MUZZY® Club website. Upon registering for a Membership to the MUZZY® Club website under Membership Payment Option #7, the Payment Method that you provided during registration or updated at a later date will be charged One Hundred Nineteen Dollars ($119.00), on a two (2) year recurring basis for as long as your Membership remains active. Such fees will be charged in advance. You acknowledge and agree that Growing Minds will not obtain any additional authorization from you for this recurring payment. Every time that you use the Membership, you re-affirm that Growing Minds is authorized to charge your Payment Method and to have the fees applied to same.

Risk Free Trial for Membership Payment Option #6 Under the Risk Free Trial for Membership Payment Option #6, you will have access to all seven (7) foreign languages offered in connection with the MUZZY® Club website. Upon registering Risk Free Trial for a Membership to the MUZZY® Club website under Membership Payment Option #4, the Payment Method that you provided during registration or updated at a later date will be charged One Dollar ($1.00) for a thirty (30) day risk free trial. Thereafter, where you do not cancel your Membership prior to the expiration of the thirty (30) day risk free trial, the Payment Method that you provided during registration or updated at a later date will be charged Twelve Dollars and Ninety-Five Cents ($12.95), on a monthly, recurring basis for as long as your Membership remains active. Such fees will be charged in advance. You acknowledge and agree that Growing Minds will not obtain any additional authorization from you for this recurring payment. Every time that you use the Membership, you re-affirm that Growing Minds is authorized to charge your Payment Method and to have the fees applied to same.

Option #7: Monthly App Subscription (with 7-day free trial):
Upon registering for the MUZZY® app, you will receive a 7-day free trial. After the trial, your selected Payment Method will be charged Fifteen Dollars ($15.00) on a monthly recurring basis. Charges occur in advance and will continue as long as your membership remains active. You may cancel during the trial to avoid charges.

Option #8: Annual App Subscription (with 7-day free trial):
Upon registering for the MUZZY® app, you will receive a 7-day free trial. After the trial, your Payment Method will be charged Sixty Dollars ($60.00) on an annual recurring basis.

General Membership Terms: A Membership grants you access to the MUZZY® Club website, as well as the games, interactive content, text, audio, video, photographs, graphics, artwork and other content featured therein (collectively, “MUZZY® Club Content”). Please be advised that Growing Minds does not own, operate or in any way control the MUZZY® Club website and/or associated MUZZY® Club Content. Muzzy Learning UK Ltd is solely responsible for all aspects of the MUZZY® Club website and MUZZY® Club Content, including the accuracy, completeness, appropriateness and/or usefulness of such MUZZY® Club Content. Growing Minds does not represent or warrant that the MUZZY® Club Content and other information posted by and through the MUZZY® Club website is accurate, complete, up-to-date or appropriate. You understand and agree that Growing Minds will not be responsible for, and Growing Minds undertakes no responsibility to monitor or otherwise police, MUZZY® Club Content, MUZZY® Club website and/or acts and omissions of Muzzy Learning UK Ltd. You hereby release Growing Minds, and agree that Growing Minds shall have no obligation and incur no liability to you in connection with, any aspect of the MUZZY® Club website and/or MUZZY® Club Content including, without limitation, any dispute between you and Muzzy Learning UK Ltd.

(c) Cancellation of Membership and General Billing Provisions. You may cancel your Membership at any time by emailing us at: customerservice@growingmindsmedia.com, calling us at: 1-888-339-2366, or through your App Store account settings. If you cancel during the 7-day free trial, you will not be charged. After the trial, fees are non-refundable except as required by law. All fees will appear on your Payment Method statement. We reserve the right to change billing provisions with prior notice. Continued use constitutes agreement to such changes. We will not refund fees paid prior to the termination date and you will remain liable for any unpaid Membership charges previously billed to your Payment Method. ALL MEMBERSHIP FEES ARE FINAL AND NON-REFUNDABLE except as required by law. The fees associated with your purchases will appear on your Payment Method statement through the identifier. Failure to use the Merchandise and/or Membership, as applicable, does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Growing Minds in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Growing Minds reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or App, and/or purchase of Merchandise and/or a Membership, after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification. Growing Minds’ authorization to provide and bill for the Merchandise is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Growing Minds’ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.

  1. Social Media Pages. The Site and App contain links to the various MUZZY® Social Media Pages. The Social Media Pages are hosted and made available on third party websites (“Social Media Websites”) by third party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that Growing Minds shall not be liable to you, any other end-user or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
  2. License Grant. As a user of the Site and App, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the MUZZY® Offerings. Growing Minds may terminate this license at any time for any reason. Unless otherwise expressly authorized by Growing Minds, as a visitor to the Site and/or user of the App, you may only use the MUZZY® Offerings for your own personal, non-commercial use. No part of the MUZZY® Offerings including, but not limited to, the Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the MUZZY® Offerings except as expressly permitted by Growing Minds. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the MUZZY® Offerings, or any portion thereof. You may not create any “derivative works” by altering any aspect of the MUZZY® Offerings. You may not use the MUZZY® Offerings in conjunction with any other third-party content. You may not exploit any aspect of the MUZZY® Offerings for any commercial purposes not expressly permitted by Growing Minds. You further agree to indemnify and hold harmless Growing Minds for your failure to comply with this Section 10. Growing Minds reserves any rights not explicitly granted in the Agreement.
  3. Proprietary Rights. The MUZZY® Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the MUZZY® Offerings is strictly prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed by or through the MUZZY® Offerings. The posting of information or material by and through the MUZZY® Offerings does not constitute a waiver of any right in or to such information and/or materials.
  4. Remote Access; Updates; Bug Fixes. MUZZY® reserves the right (but is not obligated) to add additional features or functionality to the existing App, Site or other of the MUZZY® Offerings, and to provide bug fixes, error corrections, patches, new releases or any other component not specified within these Terms and Conditions, from time to time.  MUZZY® may also, at its sole discretion and from time to time, change or remove features and/or functionality associated with the App, Site or other of the MUZZY® Offerings, with or without notice.  If you are dissatisfied with any such changes to the App, Site or other of the MUZZY® Offerings, you may cease your use of same, as your sole remedy.  When installed on a user’s Mobile Device, the App periodically communicates with MUZZY® servers.  MUZZY® may require the updating of the App residing on your Mobile Device when MUZZY® releases a new version of the App, or when MUZZY® makes new features available.  These updates may occur automatically without prior notice through remote access to your Mobile Device, or upon prior notice to you, and may occur all at once or over multiple sessions, in MUZZY’s® sole and absolute discretion.  By downloading the App, you hereby consent to this remote access and these update/technical support services.  Our access to your Mobile Device will be limited to providing support and/or updating the App.  Where we are denied access for these purposes, your ability to participate in Contests and utilize other MUZZY® Offerings may be limited.  You understand and agree that MUZZY® may require your review and acceptance of MUZZY’s® then-current Agreement before you will be permitted to use any subsequent versions of the App, Site or other of the MUZZY® Offerings.  You acknowledge and agree that MUZZY® has no obligation to make any subsequent versions of the App, Site or other of the MUZZY® Offerings available to you, or to provide bug fixes, error corrections, patches, new releases and/or any other component not specified within these Terms and Conditions. Each user acknowledges and agrees that MUZZY® has no obligation to make any subsequent versions of the App available to that user, or to provide bug fixes, error corrections, patches, new releases or any other component not specified within the Agreement.
  5. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the MUZZY® Offerings is a violation of criminal and civil law and Growing Minds will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
  6. Indemnification. You agree to indemnify and hold Growing Minds, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the MUZZY® Offerings; (b) your breach of the Agreement; (c) any dispute between you and Muzzy Learning UK Ltd and/or any Download Venue; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 14 are for the benefit of Growing Minds, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
  7. Disclaimer of Warranties. THE MUZZY® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, GROWING MINDS MAKES NO WARRANTY THAT: (A) THE APP WILL BE AVAILABLE FOR INSTALLATION OR REINSTALLATION WITH ALL MOBILE DEVICES OR THAT THE MUZZY® OFFERINGS WILL BE COMPATIBLE WITH ANY SPECIFIC PC, HARDWARE, MOBILE DEVICE, WIRELESS NETWORK OR SERVICE;  AND/OR: (B)THE MUZZY® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (III) WILL BE FREE OF HARMFUL COMPONENTS; (IV) WILL RESULT IN ANY SPECIFIC EDUCATIONAL ACHIEVEMENT, BENEFIT OR SUCCESS; AND/OR (V) WILL BE ACCURATE OR RELIABLE. THE MUZZY® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. GROWING MINDS WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE MUZZY® OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GROWING MINDS OR OTHERWISE THROUGH OR FROM THE MUZZY® OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
  8. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GROWING MINDS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GROWING MINDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE MUZZY® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME; (B) THE INABILITY TO INSTALL, OR REINSTALL, THE APP ON ANY MOBILE DEVICE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE MUZZY® OFFERINGS; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (E) YOUR FAILURE TO REALIZE ANY SPECIFIC EDUCATIONAL ACHIEVEMENT, BENEFIT OR SUCCESS; AND/OR (F) ANY OTHER MATTER RELATING TO THE MUZZY® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE GROWING MINDS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF GROWING MINDS TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE ONE THOUSAND DOLLARS ($1,000.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE MUZZY® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY YOU OR GROWING MINDS MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND GROWING MINDS. ACCESS TO THE MUZZY® OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF GROWING MINDS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  9. Third Party Websites. The MUZZY® Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites, Download Venues and MUZZY® Club website. Growing Minds does not control the information, products or services available on or through these third party websites. The inclusion of any link does not imply endorsement by Growing Minds of the applicable website or any association with the website’s operators. Because Growing Minds has no control over such websites and resources, you agree that Growing Minds is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site and/or in the App, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Growing Minds shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
  10. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site and/or in the App.
  11. End-User Information. All materials that you submit through or in association with the Site and/or App including, without limitation, the Registration Data and Feedback, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here.
  12. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles).  The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the MUZZY® OFFERINGS and/or the Agreement.  Without limiting the foregoing, should a dispute arise between the parties/any Covered Parties including, without limitation, any matter concerning the MUZZY® OFFERINGS, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration before JAMS in New York, NY, in accordance with the then current General Arbitration Rules & Procedures of JAMS; provided, however, that Growing Minds reserves the right to require that any and all user claims be combined and conducted under the JAMS Mass Arbitration Procedures and Guidelines where there are seventy-five (75) or more arbitration demands pending against Growing Minds that are similar to the demand for arbitration submitted by you; and (b) each user agrees to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here.  The Covered Party(ies) named in a user’s Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide that user with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”).  If the applicable Named Party(ies) provide(s) a user with a Final Settlement Offer and that user does not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve that user’s dispute and that user wishes to proceed, that user must submit her/his dispute for resolution by arbitration before JAMS, in New York, NY, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, users can choose whether the arbitration proceeds in person, by telephone or based only on submissions.  If the arbitrator awards a user relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if that user retained an attorney to represent that user in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys' fees that the user’s attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction.  Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from any user unless the arbitrator determines that such user’s claim was frivolous.  

To the extent permitted by law, each user agrees that she/he will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that she/he may have against any of the Covered Parties.  Each user agrees to the entry of injunctive relief to stop such a lawsuit or to remove her/him as a participant in the suit.  Each user agrees to pay the attorney’s fees and court costs that any Covered Party incurs in seeking such relief.  This provision preventing users from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any user’s rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement.  Any user may opt-out of these dispute resolution provisions by providing written notice of her/his decision within thirty (30) days of the earlier of the date that she/he first accesses the Site and/or downloads the App

  1. Miscellaneous. To the extent that anything in or associated with the MUZZY® Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Growing Minds may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
  2. Notice to U.S. Government Users.  The App is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government Users acquire the App with only those rights set forth therein.
  3. California End-User Consumer Rights. In accordance with Cal. Civ. Code Sec. 1789.3, California State resident end-users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.
  4. Contact Us. If you have any questions about the Agreement, MUZZY® Offerings or the practices of Growing Minds, please feel free to contact us as set forth in this Section 24. For general inquiries, please e-mail us at: customerservice@growingmindsmedia.com; call us at: 1-888-339-2366; or send mail to: Growing Minds, 218 James St., Barrington, IL 60010. If you are a school, please feel free to e-mail us at: schools@muzzybbc.com; or call us at: 224-228-6511. If you are a library, please feel free to e-mail us at: libraries@muzzybbc.com; or call us at: 224-228-6505.