Effective Date: February 5, 2013

 

Introduction

This site located at inBloom.org and other hostnames within the same domain (the “Site”) is provided by inBloom, Inc. ("inBloom," "we," "us," etc.) as part of the inBloom web-based software system (the “Service”). The Service is designed to enable personalized learning for students and to improve student achievement by providing curriculum content, assessments and professional development and to facilitate evaluation and compliance of state- and federal-supported education programs. inBloom is a corporation existing under the laws of the State ofDelaware, U.S.A. inBloom is a not-for-profit entity organized and operated to carry out the charitable and educational purposes of its members within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986. As of the Effective Date set forth above, inBloom is seeking recognition from the Internal Revenue Service of tax exempt status.

These Terms of Use for the Site, including the inBloom Online Privacy Statement, found at www.inbloom.org/privacy-policy, which is incorporated herein by reference(“Terms”) are an agreement between inBloom and you, the user, and govern your use of the Site. Your use of the Site and access to its Content (defined below) is conditioned on your acceptance of these Terms. Read these Terms carefully. If you do not agree to BE BOUND BY these Terms, do not use the Site.  By using the Site, you acknowledge your agreement to these Terms.

Review the posted terms every time you visit the Site, as these Terms may be amended from time to time without advance notice. See Sections 13 and 16 for additional information about amendments to these Terms and modifications of the Site.

 

Note to State and District Employees and Their Contractors: In the event that any of the provisions in these Terms conflict with any terms relating to your obligations as an “Authorized User” under the Service Agreement entered into between inBloom (or an affiliate of inBloom) and the School District (defined below) or State Educational Agency (defined below) that employs you or engages you as a contractor, such Service Agreement will control and govern your use of this Site.

 

1. Eligibility.

You must be 18 years of age or older to use this Site. By using the Site you represent that (1) you are at least 18 years old, and (2) you have the full power, capacity and authority to accept these Terms on behalf of yourself, and, if applicable, your employer or other institution that you represent. If you do not agree to be bound by all of these Terms, you are not authorized to access or otherwise use this Site.

You may not access the Production Environment (defined below) unless you (1) are an employee or contractor of a School District or State Educational Agency, (2) have been authorized by that School District or State Educational Agency to use the Production Environment, and (3) comply with your obligations as specified under the Service Agreement and under the Privacy and Information Security Policy made available by inBloom or its affiliates (“Authorized User”).

 

2. Definitions.

Customer means a School District or State Educational Agency authorized to access the Production Environment under a Service Agreement.

Customer Data means all information, records, files, and data transmitted to the Service by or on behalf of a Customer, including by an Authorized User. Customer Data may include Personally Identifiable Information.

Personally Identifiable Information or PII means any information defined as personally identifiable information under the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g, and the regulations promulgated thereunder (“FERPA”).

Production Environment refers to portions of the Site which are designed to enable Customers to upload and use Customer Data (including PII) in connection with certain software applications. The Production Environment may include the following portions of the Site: Production Portal, Production Dashboard, Data Browser and Manager.

Sandbox is a portion of the Site, which is made available at portal.sandbox.inbloom.org and designed to enable Customers and Third Party Application Providers to develop, test and make available software applications that advance the purposes of the Service.

School District means a local educational agency or independent special purpose school system, school network, or a dependent school system under the control of a state or local government.

Service Agreement means a written agreement entered by (a) a School District or State Educational Agency and (b) inBloom or an affiliate of inBloom, which authorizes the School District or State Educational Agency to access certain software programs or features of the Service that may be enabled to process data, including PII, that is provided by the School District or State Educational Agency.

State Educational Agency or SEA means the state educational agency primarily responsible for the supervision of public elementary and secondary schools in any of the 50 United States, the Commonwealth of Puerto Rico, or the District of Columbia.

Third Party Application means a software application, provided by a Third Party Application Provider, that is designed to be used through the Service.

Third Party Application Provider means (1) a third party program application provider who, under a separate agreement with a Customer, has been granted access to Customer Data made available through the Service in order to make that application provider’s software applications available to the Customer and (2) authorized representatives of State Educational Agencies that assist the State Educational Agency in evaluation or compliance-related activities regarding state- or federal-supported education programs.

3. Account Credentials and Information; Attribution of Electronic Acts to You

To access certain areas of the Site, including the Sandbox and Production Environment, you may be required to have a user account, including a user name and password that identifies you (“Credentials”).If you are an Authorized User, the Credentials that enable you to access the Production Environment may be assigned to you by the Customer that employs you or engages you as a contractor. You may be required to have separate Credentials to access the Production Environment and other portions of the Site, such as the Sandbox.

You agree to guard your Credentials as confidential information. If you are careless with them, others may be able to access your and/or such Customer’s information. Access to portions and functionality of the Production Environment may be limited based on role-based permissions linked to the Credentials that are granted by a School District and/or State Educational Agency to its Authorized Users. If you are using an account assigned to you by an administrator, additional terms may apply, and your administrator may be able to access or disable your account.

You agree that all uses of your Credentials will be attributed to and legally bind you and may be relied upon by inBloom and our agents, affiliates, and other third parties with whom we work in order to provide the Service (including but not limited to our and their respective affiliates, officers, employees and agents) (collectively “inBloom Third Parties”), as being a use made by you, even if someone else used your Credentials.

You agree to provide accurate, current and complete information at all times. You also agree that you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, when appropriate, by contacting us.

Our use of your account information will be governed by the inBloom Online Privacy Statement. We may use your account information (including any email addresses you provide) to send you service announcements, administrative messages and other information.

 

4. Use of the Service

By accessing and using the Site, you agree that you will not:

  • do anything that could disable, overburden or impair the proper working of the Service;
  • use any robot, spider, scraper or other automated means to access the Site;
  • do anything that is illegal, infringing, fraudulent, or malicious, or could expose inBloom or users of the Service to harm or liability; or
  • attempt, encourage or facilitate any of the above.

You further agree not to upload, post or otherwise transmit through the Site any Content (defined below) that is or could appear to:

  • be defamatory, obscene, invasive to another person's privacy or protected data, or tortious;
  • be infringing upon anyone's intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity;
  • contain any software viruses or any other harmful computer code, files, or programs, including any designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and
  • be in violation of any applicable license, law or contractual or fiduciary duty or provision.

 

5. Use of Data, Software Applications, and other Content

A variety of content, including (without limitation) information, data, Customer Data, text, software applications, graphics, video, messages and other materials (“Content”) is available for access and use via the Site. You may review and use such Content solely to advance the purposes of the Service and subject to these Terms (your “License to Site Content”). In addition, you may review and use Content available through the Production Environment solely for educational or service purposes authorized in the applicable Service Agreement between inBloom and the Customer that authorized your access to the Production Environment. YOU MAY NOT SELL THE SITE CONTENT OR OTHERWISE DISTRIBUTE IT FOR A FEE. YOU WILL NOT USE OR PROVIDE ACCESS TO THE SITE OR ITS CONTENT TO ANY THIRD PARTIES EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS. Your License to Site Content is non-exclusive and non-transferable.

Be aware that Content may be outdated or contain typographical errors, inaccuracies, omissions, or problematic or defective functionality and may not be backed up or preserved. YOU AGREE NOT TO RELY ON CONTENT AND TO DETERMINE ALL RELEVANT FACTORS ON YOUR OWN, INCLUDING (WITHOUT LIMITATION) ACCURACY, FUNCTIONALITY, QUALITY, RELIABILITY AND OTHER RELEVANT FACTORS.

You acknowledge that inBloom may not monitor, approve or have any control over any Content provided by third parties. Any opinions or information expressed or made available by third parties, including users, are those of the respective author(s) or distributor(s) and not of inBloom. inBloom does not guarantee the accuracy, completeness, or legality of any Content provided by third parties. You use such Content at your own risk.

 

A. Use of Personally Identifiable Information

Your use of Customer Data consisting of Personally Identifiable Information is limited to the purposes described in the Service Agreement or your agreement with your respective Customer, and you agree that the use of any Customer Data you have access to will be in accordance with such agreements, as well as applicable federal and state law, including FERPA. Third Party Application Providers are also subject to the additional terms set forth in Section 6. Do not post, upload, or otherwise transmit any actual student data or PII to any portion of the Site other than the Production Environment.

 

B. Open Source Licenses

You acknowledge that software applications used in the Service may be offered under an open source license that may be identified in connection with the software application. In particular, portions of the Site, including certain Content of the Sandbox, may be made available under the Apache License, version 2.0, for software http://opensource.org/licenses/apache2.0.php, or the Creative Commons Attribution-Share-Alike 3.0 License for other types of materials, http://creativecommons.org/licenses/by-sa/3.0/legalcode. There may be some provisions in the applicable license that expressly override these Terms. Except where permitted under an applicable open source license or separate agreement between a Customer and Third Party Application Provider, you may not copy, modify, distribute sell or lease any part of the Service, including the software applications, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable law prohibits these restrictions.

 

C. Use of Third Party Applications

You may also be able to access and use Third Party Applications developed by Third Party Application Providers in connection with the Service and approved for use by a Customer for its Authorized Users. Each Third Party Application Provider is solely responsible for all of the content of its Third Party Applications.

Each respective Customer’s agreement with that Third Party Application Provider will control how such Third Party Applications can use, store, and transfer Customer Data, including Personally Identifiable Information. Third Party Application Providers will be required to adhere to certain privacy practices with respect to any Customer Data that may be shared with their Third Party Applications (see Section 6 below).

Some of the Third Party Applications provided by Third Party Application Providers may be covered by separate terms for such Third Party Applications (such as an end user license agreement, an open source license and/or terms of use). You can find the terms under which each such Third Party Application is being distributed on the information page of that Third Party Application.

 

D. Submission of Content, including Feedback

When you submit Content to the Service, as between the parties, you retain any ownership of any intellectual property rights that you have in that Content. You give inBloom a worldwide, perpetual, irrevocable, sublicensable and transferable license to use, host, store, reproduce, modify, create derivative works, publish, publicly perform, publicly display and distribute such Content (“License to inBloom”). The rights you grant are for the limited purpose of operating and improving the Service. We will not use Content that is Personally Identifiable Information except as permitted under our inBloom Privacy Statement. The License to inBloom applies to any Content that you provide as remarks, data, suggestions, methods, surveys, reports, processes, ideas (including patentable ideas), or other feedback about the Service, or any aspect of our operations, whether provided to us or persons working with us, and whether provided through the Site or through another forum or media, which may include a chat room, survey, report, software tool, bulletin board or otherwise.When you provide Content through the Site, you represent and warrant that the Content is wholly your original work, or that you have all necessary right, title, interest and licenses to upload it and make it available to inBloom and other users for download, distribution and use under these Terms without any violation (by you, us, Third Party Application Providers, Customers, users, or anyone else) of any applicable license, restriction or law.

We reserve the right to monitor and exercise all other rights of ours, and also to disable, modify or remove any Content or assistance at any time, but do not undertake any duty to do so.

 

6. Special Provisions for Third Party Application Providers

As a Third Party Application Provider, you are responsible for your Third Party Application, its Content and all uses you make of the Service. This includes ensuring your Third Party Application or use of Service and any Customer Data (including Personally Identifiable Information) meets the requirements described in your agreements with Customers. Your access to and use of data you receive from the Service, will be limited as follows:

  • You will only request access to Customer Data you need to operate your Third Party Application.
  • You will have a privacy policy posted in a clear and conspicuous manner that tells users what Customer Data you are going to use and how you will use, display, share, or transfer that data and you will include your privacy policy URL in your Third Party Application.
  • You will not use, display, share, or transfer Customer Data in a manner inconsistent with your privacy policy.
  • You will delete all Customer Data you receive from a Customer concerning a user of the Third Party Application if the Customer asks you to do so, and will provide a mechanism for users of the Third Party Application to make such a request.
  • You will not directly or indirectly transfer any Customer Data or information you receive from the Service, without permission of Customer. If you are acquired by or merge with a third party, you can continue to use user data within your Third Party Application, but you cannot transfer user data outside of your Third Party Application.
  • You acknowledge that we can limit your access to Customer Data if you use it in a way that we determine is inconsistent with the Privacy and Information Security Policy provided by inBloom or its affiliates and/or our Terms. You will not give us information that you independently collect from a user or a user's account without that user's consent.

Further, with respect to any Third Party Application:

  • You will make it easy for users to remove or disconnect from your Third Party Application.
  • You will make it easy for users to contact you. We can also share your email address with users and others claiming that you have infringed or otherwise violated their rights.
  • You will provide Customer and user support for your Third Party Application.
  • You will not show any advertisements or web search boxes through your Third Party Application.
  • You will comply with all applicable laws with respect to the handling of Customer Data and your interaction with this Site, including FERPA.
  • You will give inBloom all rights necessary to enable your Third Party Application to work with the Service.
  • To ensure your Third Party Application is safe for users, you agree we may audit it.
  • We can create applications that offer similar features and services to, or otherwise compete with, your Third Party Application.
  • You will notify inBloom of any known or suspected unauthorized access to Personally Identifiable Information or confirmed breach of such Third Party Application Provider's security measures.

 

7. Intellectual Property Rights

This Site is protected by intellectual property laws and you agree to observe them. Unless otherwise specified, inBloom and its licensors retain full copyright ownership, rights and protection in all Content it provides on the Site. Except as otherwise expressly provided in these Terms, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer or sell any Content contained on the Site without the prior consent of inBloom or the copyright owner. inBloom does not condone the infringement of intellectual property rights on our Site.

 

8. Links

The Site may contain links to Web sites of third parties. We provide these links as a convenience, but do not endorse the linked site or anything on it. inBloom is not responsible for the content or accuracy of any off-Site pages or any other websites linked to the Site, nor does inBloom recommend or endorse any specific tests, products, services or procedures that may be mentioned on or represented on the Site. You agree that any visits to linked sites are at your own risk and governed by their data collection practices, terms of use and privacy policies (if any).

 

9. Indemnification

You agree to defend, indemnify and hold harmless inBloom, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all third party claims and expenses, including attorneys' fees, arising out of your use of the Site or Content, including but not limited to out of your violation of any representation, warranty, obligation or agreement contained in these Terms.

 

10. NO WARRANTIES, CONDITIONS OR OTHER DUTIES

The Site and all Content (regardless of who generates it), Site functionality, assistance and services provided by the Site, inBloom or any inBloom Third Parties (collectively, “Complete Site”) are subject to change and are provided by us or any inBloom Third Parties “AS IS” and “AS AVAILABLE, without any assurance, warranty and conditions, and without the undertaking of any duty, of any kind either express or implied, including but not limited to, any (if any) warranties or conditions of merchantability and fitness for a particular purpose, any duty (if any) of workmanlike effort or lack of negligence and any representation that this technology will fit your needs.

The Complete Site is provided: (1) WITH ALL FAULTS and the entire risk as to satisfactory quality, performance, accuracy and effort is with you; and (2) without any assurance, or warranty, condition or duty of or regarding: functionality; privacy; security; accuracy; availability; back-up or preservation of Content you provide; lack of: negligence, interruption, viruses or other harmful code, components or transmissions; or the nature or consequences of content, such as whether software or other content is subject to any particular license or restrictions that may be triggered by any exercise of a right granted under these Terms.

Also, there is no warranty by us or third parties of title or against infringement or interference with enjoyment of any aspect of the Complete Site. You agree that you will obtain any Content entirely at your own risk, and that you will be solely responsible for any resulting infringement, breach of contract, consequence or damage, including to your computer system or loss of data.

 

11. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES

TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER INBLOOM, ANY INBLOOM THIRD PARTY NOR ANY OTHER THIRD PARTY MENTIONED ON THE WEBSITE, WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS, FOR LOSS OF PRIVACY OR SECURITY, FOR LOSS OF REPUTATION, FOR FAILURE TO MEET ANY DUTY, OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY ASPECT OF THE COMPLETE SITE OR TO ANY BREACH OF THESE TERMS, EVEN IF WE OR A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

12. EXCLUSIVE REMEDY; DAMAGE LIMITATION

YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE INBLOOM PRIVACY STATEMENT) AND FOR ANY AGGREGATE DAMAGES DUE YOU (OR OTHERS RELATED TO YOU) BY INBLOOM OR ANY OF THE INBLOOM THIRD PARTIES FOR ANY REASON RELATING TO ANY PART OF THE SITE, WILL BE AT OUR OPTION: (A) SUBSTITUTION, CORRECTION OR REPLACEMENT OF ALL OR PART OF THE CONTENT OR SERVICE CAUSING YOUR DAMAGE (IF ANY); OR (B) THE AMOUNT OF YOUR DAMAGES THAT ARE NOT EXCLUDED IN THE PRECEDING SECTION AND WHICH YOU ACTUALLY INCUR IN REASONABLE RELIANCE, WHICH AMOUNT WILL BE THE LESSER OF THE AMOUNT YOU ACTUALLY PAID US FOR THE ITEM CAUSING THE DAMAGE (IF ANY) OR ONE HUNDRED U.S. DOLLARS ($100). The damage exclusions and limitations in these Terms are independent and will apply even if any remedy fails of its essential purpose.

 

13. Amendments to these Terms and changes to the Site

You agree that at any time without advance notice we may amend these Terms (including adding or eliminating all or parts of provisions). Amended versions of these Terms will take effect on the date specified in the amended version, which will be no earlier than the date on which the amended version isposted to the Site or made available to you otherwise ("Amendment Effective Date").Amended terms will apply to all Site activity (including information collected) after the Amendment Effective Date until later amendments take effect. No other amendments will be valid unless they are in a paper writing signed by us and by you.If you have any questions about these Terms or the Site, please contact us.

Each time you return to the Site, you are responsible for checking the effective date of the then posted version of these Terms. If it is later than the date of the version last reviewed, the Terms have been changed and the new version should be reviewed before using the Site. YOUR USE OF THE SITE AFTER THE AMENDMENT EFFECTIVE DATE WILL CONSTITUTE YOUR CONSENT TO THE AMENDMENTS, SO IF YOU DO NOT WANT TO BE BOUND BY CERTAIN AMENDMENTS, CEASE ALL USE THE SITE AND ITS CONTENT.

 

14. GOVERNING LAW AND EXCLUSIVE JURISDICTION

These Terms and your use of the Site are governed by the laws of the State of Washington, U.S.A., without regard to its choice of law provisions, except where you are required by published governmental law, ordinance, regulation, directive, order, or other governmental requirement (collectively, "Mandate") to contract for application of the law of your local jurisdiction. You expressly consent to exclusive jurisdiction for any dispute with inBloom in a state or federal court of general jurisdiction sitting in King County, Washington, U.S.A. except to the extent you are prohibited from doing so by a Mandate. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of King County in the State of Washington in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the Western District of Washington.

This Site is controlled by us from our offices within the United States of America. If you choose to access this Site from locations outside the U.S. you do so at your own risk and you are responsible for compliance with any local laws. You may not use or export anything (including information) from the Site in violation of U.S. export laws, regulations or the Terms.

 

15. Legal and Other Notices or Disclosures

Notice to You: You agree that we may give all notices we are required to give you by posting notice on the Site or, if we have your email address, by sending notice by email at our discretion, including (without limitation), disclosures that we are required to give you, legal notices, notice of subpoenas or other legal process (if any), and all other communications. When we communicate by email, we may use any email address you provide when communicating with us or that we otherwise have in our records, so only supply to us an email address at which you are willing to receive all communications. You agree to check for notices posted on the Site.

Notice to Us (Our Legal Notices Address): We receive many emails and not all employees are trained to deal with every kind of communication. Accordingly, you agree to send us notice by mailing it to the following ("Our Legal Notice Address"):

inBloom, Inc.

3525 Piedmont Road
7 Piedmont Center, 3rd Floor
Atlanta GA 30305
Attn: Legal

 

16. Changes to Site; Termination or Cancellation; No Continuing Rights

You have no continuing right to use the Site or store any Content on the Site.We encourage you to back-up securely any Content you transmit to the Site. We may alter, deny, suspend, or terminate access to the Site or any feature of the Site with or without cause and at any time and without prior notice. We may give notice of termination or cancellation in the same way that we may provide other notices. Unless otherwise indicated, any new Content or services added to this Site will be subject to these Terms effective upon the date of any such addition.

We may terminate these Terms at any time and with or without cause and without prior notice. Termination or cancellation of these Terms will not eliminate the surviving provisions of these Terms (see "Entire Agreement; Miscellaneous") and you will still be liable for obligations incurred before these Terms or access ended.

 

17. Incorporation of Online Privacy Policy; Consent to International Data Transfers and Disclosures

Our inBloom Online Privacy Statement is part of these Terms and is incorporated into them by this reference and  www.inbloom.org/privacy-policy.  Do not provide, or allow others to provide, personal information about anyone unless you, on your own behalf and on behalf of anyone whose information you provide: (a) have reviewed and agree with the inBloom Online Privacy Statement, and (b) are authorized to, and do, consent to have all data used and transferred internationally.

 

18. Entire Agreement; Miscellaneous

These Terms, including the inBloom Online Privacy Statement (including any of the supplemental privacy policies), Amendments and any: (a) notices, terms and items incorporated into any of them; (b) additional terms and conditions contained on the Site for particular activities or Content; and (c) our disclosures and your consents provided on or in connection with the Site or any Content, service or other activity; constitute the entire agreement between you and inBloom regarding the Site or the subject matter of the foregoing (collectively, "Entire Agreement"). If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. The foregoing does not impair the enforceability of additional agreements you enter into with inBloom or its affiliates including, without limitation, the Service Agreement and Data and Information Security Policy.

Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. The terms of Sections 2, 3, 4, 5, 7-12, 14-19, and subsections A-D of Section 5 and our rights under the inBloom Online Privacy Statement will survive termination or cancellation of this Agreement. You may print or make an electronic copy of the Entire Agreement for your official records; to the extent required by law, we hereby instruct you to do so. You may not assign these Terms or any of your rights or obligations under these Terms without our prior written consent.

inBloom retains the right to assign its rights, privileges, responsibilities, and obligations, as identified in these Terms or in other documents, to a third party, in whole or in part, for administration, technical support, marketing, or any other purpose at any time without providing notice to you or other users through the Site or by any other means.

 

19. Electronic Transactions

We, our employees, agents, affiliates, assigns and each of inBloom third parties may deal with you electronically now and in the future in their respective discretion during the entire course of activities pursued with you (e.g., applying for, obtaining, implementing, terminating and enforcing a grant or anything else), including but not limited to having you electronically sign documents and receive electronic notices. We and each of inBloom third parties also reserve the right to deal non-electronically and to require you to do so.

 

20. Additional or Required Notices

Various laws require or allow us to give users certain notices and any such required notice is incorporated into these Terms. Users may review the notices by clicking on their link:

  • Notice: No Harvesting or Dictionary Attacks Allowed (this provides information about conduct that is unlawful under the U.S. CAN SPAM Act of 2003).
  • Notice Re Trademarks (this provides notice regarding who owns the trademarks used on our Site and cautions against infringement).
  • Notice Re Copyright Ownership (this provides notice regarding who owns the copyrights in the Site and its contents and cautions against infringement).
  • Notice of Copyright Agent (this provides contact and other information regarding the Site's copyright agent who may be notified of claimed infringement).
  • Notice of Availability of Filtering Software (this provides a notice under the U.S. Communications Decency Act).

Notice: No Harvesting or Dictionary Attacks Allowed.

inBloom will not give, sell, or otherwise transfer addresses maintained by it to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized by law or appropriate inBloom personnel or policies. Except for parties authorized to have such addresses, persons may violate federal law if they: (1) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. "CAN-SPAM Act of 2003") that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision or selection of addresses to which the messages will be transmitted.

Notice Regarding Trademarks. All trademarks, service marks, and trade names used in the Site (including without limitation: inBloom, inBloom and the associated designs and logos) (collectively “Marks”) are owned by (1) inBloom or (2) their respective trademark owners, and are either trademarks or registered trademarks of inBloom, its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without inBloom’s prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.

Notice Regarding Copyright ownership: © 2012 inBloom, Inc. and its affiliates. All rights reserved.

Notice Regarding Copyright Agent

inBloom respects the intellectual property rights of others and requests that Site users do the same. Anyone who believes that their work has been infringed under copyright law may provide a notice to the designated Copyright Agent for the Site containing the following:

  • An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit inBloom to locate the material;
  • The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
  • A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright infringement claims and notices should be sent to:

inBloom, Inc.
7 Piedmont Center, 3rd Floor
Atlanta GA 30305
Attn: Legal

Notice of Availability of Filtering Software

We do not believe that the Site contains materials that would typically be the subject of filtering software and minors are not authorized to visit our Site. Nevertheless, all users are hereby informed that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies.

 

21. Supplemental Terms of Use for Access to Production Environment for Super Administrators

Introduction: These Terms of Use apply to individuals who have been designated as Super Administrators by their School District or State Education Agency. The Super Administrator portion of the Site is for use only by Authorized Users who have been authorized by a School District or State Educational Agency to function as administrators for such institution for the Service (“Super Administrators”) in accordance with the Service Agreement entered into between your School District or State Educational Agency and inBloom or its affiliate.

By using the Super Administrator portion of the Site, you represent and warrant that you have the authority to function as a Super Administrator and perform the responsibilities and obligations described in the Service Agreement by and on behalf of a School District or State Education Agency participating in the pilot.

Security: You agree to adhere to commercially reasonable security practices relevant to your interaction with the Service. You agree to use commercially reasonable efforts to notify inBloom in writing no more than twenty-four (24) hours after your detection of a security breach or privacy violations related to data provided through the Service.