Effective Date: [09/01/2021]
 

    1. Agreement. The following Terms of Service (the "Terms") constitute a binding agreement between you and BNSBC Media Ventures, LLC ("BNSBC," “we,” “our,” and “us”), the operator of the SpecGraphixEDU online educational platform (the “SpecGraphixEDU Platform”). These Terms set forth conditions regarding your access to and use of the SpecGraphixEDU Platform. 

 

By accessing or using the SpecGraphixEDU Platform in any manner, including but not limited to visiting or browsing the website or contributing content or other materials to the SpecGraphixEDU Platform, you agree to be bound by these Terms. 

 

IF YOU ARE A PARENT OR GUARDIAN (EACH, A “GUARDIAN”) OF A MINOR WHO WILL BE USING THE SPECGRAPHIXEDU PLATFORM, PLEASE SEE SECTION 3 OF THESE TERMS AND OUR PRIVACY POLICY FOR MORE INFORMATION ABOUT HOW WE HANDLE INFORMATION THAT WE COLLECT ABOUT OUR STUDENTS.

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    2. Modification. BNSBC reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the SpecGraphixEDU Platform, you are indicating that you agree to be bound by any modified Terms.

 

    3. Privacy. These Terms include the provisions in this document, as well as those in the Privacy Policy.

 

The Children’s Online Privacy Protection Act (“COPPA”) requires us to obtain Guardian consent before we knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from a child under 13 without obtaining verifiable consent from that child’s Guardian (“Guardian Consent”), except for the limited amount of personally identifiable information we need to collect in order to obtain Guardian Consent (“Required Information”). Until we have received Guardian Consent, we will only use Required Information for the purpose of obtaining Guardian Consent. If you are a child under 13, please do not attempt to send any personal information about yourself to us before we obtain Guardian Consent, except for the Required Information in the context of the Guardian Consent process. If you believe that a child under 13 has provided us with personal information (beyond the Required Information) without our obtaining Guardian Consent, please contact us at info@bnsbc.tv. For more information about how we comply with COPPA, please read our Privacy Policy. 

 

    4. Services Provided on SpecGraphixEDU Platform. BNSBC offers online classes in subjects such as video production, Minecraft, graphic design, and game coding. You can sign up for a set number of meetings based on the subject matter (each set of meetings, a “Class”). Each meeting is taught by a trained instructor. The meetings will include lecture style learning, as well as interactive activities with the other users in the Class (each, a “Student”). 

 

    5. Eligibility. In order to be eligible to register for Classes on the SpecGraphixEDU Platform, you must be between five (5) and thirteen (13) years old. If you are a Student, you may use the SpecGraphixEDU Platform only under the supervision of a Guardian who agrees to be bound by these Terms. If you are a Guardian agreeing to these Terms for the benefit of a child who is under the age of 18, you are fully responsible for your child’s use of the SpecGraphixEDU Platform. If you are not yet of legal age to form a binding contract, then you must get your Guardian to read these Terms and agree to them for you before you use the SpecGraphixEDU Platform. If you are a Guardian and you provide your consent to your child's use of the SpecGraphixEDU Platform, then you agree to be bound by these Terms with respect to your child’s use of the SpecGraphixEDU Platform. 

 

    6. Acceptable Use. BNSBC hereby grants you permission to use the SpecGraphixEDU Platform and, if you are a registered user, permission to access and use those aspects of the SpecGraphixEDU Platform that are offered to registered users, provided such use is in compliance with these Terms, and you further specifically agree that you use will adhere to the following restrictions and obligations:

 

• You may only use the SpecGraphixEDU Platform for personal use. You may not transfer your access to others or allow others to access the SpecGraphixEDU Platform through your own access. 

• You may only use the SpecGraphixEDU Platform for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations. 

• You may not use the SpecGraphixEDU Platform in any manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.

• You may not copy, rip, or capture any content encountered on the SpecGraphixEDU Platform. This includes bulk copying or "scraping" any portion of the website content using a bot or other tool.

• You may not use the SpecGraphixEDU Platform to upload, transmit, or promote any material that constitutes junk mail, spam, or commercial offers.

• You may not use the SpecGraphixEDU Platform to upload, transmit, or promote any material that infringes or violates the intellectual property rights or any other rights of anyone else (including BNSBC).

• You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the SpecGraphixEDU Platform.

 

    7. User Accounts. You must sign up for an account, and select a password and user name (“User ID”) on this site in order to use certain of the site functions, such as register and participate in a Class on the SpecGraphixEDU Platform. If you just want to browse the site, registration is optional. You promise to provide us with accurate, complete, and updated registration information about yourself. You can select any username you like for your account, except that your username cannot be an impersonation of another person, or a term that is offensive in any way. You may, but are not obligated to, use your own name. The name provided in the user account must match the name that is provided when attending class. 

 

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify BNSBC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the SpecGraphixEDU Platform. BNSBC will not be liable for any loss or damage arising from your failure to comply with this Section.

 

If you would like us to terminate your account, please contact us at info@bnsbc.tv. Upon receipt of your request, and except as set forth below, we will remove your account and your associated information from the SpecGraphixEDU Platform within a reasonable time period. Please note that any information you have submitted to publicly accessible areas of the SpecGraphixEDU Platform (such as a blog or message board) may not be removeable. If we intend to remove your account, we will try to provide advance notice to you prior to our removal of your account so that you are able to retrieve any important User Content you may have stored in your account (to the extent allowed by law and these Terms of Service), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of BNSBC. Additionally, we will terminate all relevant accounts in compliance will all COPPA regulations, as set forth in our Privacy Policy.

 

You may not transfer your account to anyone else without our prior written     

permission.

 

    8. Content. The materials displayed or performed or available on or through the SpecGraphixEDU Platform, including, but not limited to, text, graphics, data, articles, photos, images, videos, and illustrations (all of the foregoing except User Content, the “SpecGraphixEDU Content”), are protected by copyright and/or other intellectual property laws. 

 

You acknowledge that as between you and BNSBC, the SpecGraphixEDU Platform and SpecGraphixEDU Content, including all associated intellectual property rights, are the exclusive property of BNSBC.

 

BNSBC’S License to You. Conditioned upon your compliance with these Terms, BNSBC grants you a limited, non-exclusive, non-transferable license, to (i) access, view, and use the SpecGraphixEDU Platform solely for your personal use and (ii) access and view any SpecGraphixEDU Content to which you are permitted access. You have no right to sublicense the licensed rights granted in this section. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast, or otherwise exploit the SpecGraphixEDU Platform, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by BNSBC or its licensors, except for the licenses and rights expressly granted in these Terms. 

 

Your License to BNSBC and Other Students. We may, at our sole discretion, permit you to post, upload, publish, submit, or transmit content, including but not limited to class projects and assignments (“User Content”). By submitting any User Content on or through the SpecGraphixEDU Platform, you grant: 

 

    (1) to BNSBC a worldwide, irrevocable, perpetual, non-  exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, publicly display, transmit, stream, broadcast, access, and otherwise exploit such User Content, in any media, in order to operate, promote, improve, or market the SpecGraphixEDU Platform, all of the foregoing subject to BNSBC’s compliance with the Privacy Policy; and 

    (2) to Students in your Class a worldwide, irrevocable, non-exclusive, royalty-free license to view the User Content that you submit for the Class during and up to one month after the end of the Class. 

 

You acknowledge and agree that you are solely responsible for all User Content. Accordingly, you represent and warrant that you have all rights, licenses, consents and releases that are necessary to grant to BNSBC the license above. 

 

Ownership of Student Projects. To the extent that you collaborate with other Students in your Class on a project, you acknowledge and agree that the project is a joint work among the collaborators, and each collaborator is a joint-owner of all rights in that project. IF ANY COLLABORATIVE PROJECTS CONTAIN VIDEO, AUDIO, IMAGE, OR LIKENESS OF OTHER STUDENTS, YOU SHALL NOT DISTRIBUTE OR DISPLAY THE PROJECT TO ANY THIRD PARTY OR FORUM OTHER THAN THE SPECGRAPHIXEDU PLATFORM WITHOUT THE WRITTEN CONSENT OF THE OTHER STUDENTS.

 

Data in User Content. Since your User Content will be viewable by other Students in the Class, be careful about including personally identifiable information in the User Content. In addition, to the extent that BNSBC de-identifies and aggregates any information within User Content, you agree that such derived data is no longer User Content, and is thus owned by BNSBC. 

 

Deletion of Projects. BNSBC will delete your projects from the SpecGraphixEDU Platform if you send a request to info@bnsbc.tv. 

 

    9. Payment. By providing a credit card or other payment method for the purchase of a Class on the SpecGraphixEDU Platform, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we (or our third-party payment processor) encounter in order to proceed with your Order. You acknowledge that the amount billed may vary due to promotional offers, changes in the SpecGraphixEDU Platform, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.

 

All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Prices may be adjusted at any time and for any reason (or no reason) and without providing you prior notice. Products or services are subject to availability, and we reserve the right to cancel all or part of the Services and to discontinue making certain Services available without prior notice. 

 

    10. Refunds. You are entitled to a full refund for a Class if you submit your request for a refund prior to 6:00 PM Eastern Time of the first Sunday after the Class begins. Refund requests must be sent via email to info@bnsbc.tv. If you submit a refund request after 6:00 PM Eastern Time of the first Sunday after the Class begins, or if you submit a refund request after your access to the Class is terminated by BNSBC in accordance with Section 14, BNSBC will determine, at its own discretion, the amount, if any, of the refund, which in this case, shall only be refunded as store credit. 

 

If a meeting is cancelled for any reason, the meeting will be made up at a later date for no additional cost. Refunds will not be issued for a meeting that has been rescheduled.

 

If you are having technical difficulties, caused by either hardware or software issues, which causes you to miss more than 3 hours of meeting time, you can ask for a refund in the form of a store credit or request to be moved to another Class.

 

Store credit that is received in the form of a refund may only be used to purchase another Class. 

 

    11. Meeting Recordings. Meetings may be recorded by BNSBC (each, a “Meeting Recording”). 

 

The use of Meeting Recordings is limited. BNSBC will only make Meeting Recordings available on the SpecGraphixEDU Platform to (i) Students in the Class who missed the meeting and have requested to view the Meeting Recording, and (ii) Students in the Class who need additional time to view the meeting for learning purposes and have requested to view the Meeting Recording. 

 

Meeting Recordings are handled, shared, and removed in accordance with the procedures set forth in the Privacy Policy.

 

You hereby release SpecGraphixEDU, its licensees, successors and assigns, (collectively, the “Released Parties”) from and against any and all claims or any other causes of action of any kind arising out of Meeting Recordings or the production, distribution, broadcast, or exhibition of any Meeting Recording and reproductions thereof in any medium. You understand that BNSBC shall be the exclusive owner of all rights, including copyright, in the Meeting Recordings. You hereby irrevocably transfer, assign, and otherwise convey to BNSBC your entire right, title, and interest, if any, in and to the Meeting Recordings.

 

    12. Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the SpecGraphixEDU Platform (“Feedback”). You agree that BNSBC has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the SpecGraphixEDU Platform.

 

    13. Notice of Copyright Infringement. BNSBC respects copyright law and expects our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, BNSBC will respond to claims of copyright infringement committed using the SpecGraphixEDU Platform that are reported to us, provided they meet the criteria below. 

 

If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through the SpecGraphixEDU Platform by providing us the following information (the “Notice”): 

 

    i.   the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a comprehensive list of the copyrighted works that you claim have been infringed; 

    ii.   the material that you claim is infringing, and information reasonably sufficient to permit us to locate the material, including at a minimum, the URL of the link shown on the SpecGraphixEDU Platform where such material may be found; 

    iii.   your mailing address, telephone number, and, if available, email address; 

    iv.   a statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; 

    v.   a statement that the information in this Notice is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and 

    vi.   your full legal name and your electronic or physical signature. 

 

You may deliver this notice, with all items completed, to us, as follows: 

 

             BNSBC, Attn: Linda Cody, 319 Lincoln Street # 408, Hingham MA 02043.

 

Upon receipt of the Notice as described above, BNSBC will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the SpecGraphixEDU Platform. 

 

    14. Termination. BNSBC may immediately and without notice terminate these Terms and disable your access to the SpecGraphixEDU Platform if BNSBC determines, in its sole discretion, that (a) you have materially breached these Terms; (b) you have violated applicable laws, regulations or third party rights; (c) you are disruptive or inappropriate during a class and are hindering the other users ability to learn; (d) you are choosing not to follow your Class instructor’s directions; or (e) BNSBC believes, in good faith, that such action is needed to protect the safety or property of other users, BNSBC, or third parties.

 

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us. 

 

All terminations of accounts will be done so in compliance will all COPPA regulations, as set forth in our Privacy Policy.

 

    15. Third Party Content. By using the SpecGraphixEDU Platform, BNSBC may provide you with access to third-party websites, information, and services, including but not limited to third-party networks, servers, software, systems, applications, or products. Examples include (i) our third-party payment processor and (ii) third-party platforms for class attendance and participation, such as Zoom. The list of third parties that may be used in association with the SpecGraphixEDU Platform, along with their contact information, can be found in our Privacy Policy. You hereby acknowledge that BNSBC does not control such third-party websites and services, and cannot be held responsible for their content, operation, or use. Your use of those services is subject to their respective terms of service. BNSBC does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such third-party websites and services. BNSBC disclaims any and all responsibility or liability for any harm resulting from your use of such third-party websites and services, and you hereby irrevocably waive any claim against BNSBC with respect to the content or operation of any such third-party websites and services. 

 

    16. Disclaimer of Warranties.

 

YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SPECGRAPHIXEDU PLATFORM AT YOUR OWN RISK. THE SPECGRAPHIXEDU PLATFORM AND SPECGRAPHIXEDU CONTENT ARE PROVIDED "AS IS," AND BNSBC, ITS AFFILIATES AND ITS THIRD-PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. BNSBC, ITS AFFILIATES, AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SPECGRAPHIXEDU PLATFORM WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SPECGRAPHIXEDU PLATFORM. 

 

Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws. 

 

    17. Limitation of Liability.

 

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL BNSBC (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $20 OR (II) THE AMOUNTS PAID BY YOU TO BNSBC IN CONNECTION WITH THE SPECGRAPHIXEDU PLATFORM IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. BNSBC HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE BNSBC FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM OR DAMAGES ARISING FROM OR RELATED TO DISPUTES, DEALINGS, OR INTERACTIONS BETWEEN YOU AND ANY OTHER USERS OR THIRD PARTIES.

 

    18. Notices. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by BNSBC (a) via email (in each case to the address that you provide) or (b) by posting to the website.

 

    19. No Waiver. The failure of BNSBC to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

 

    20. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without BNSBC’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. BNSBC may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Unless a person or entity is explicitly identified as a third party beneficiary to these Terms, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties.

 

    21. Severability. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

    22. Governing Law; Arbitration. These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Plymouth County, Massachusetts, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Plymouth County, Massachusetts. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND BNSBC ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY.

 

    23. Entire Agreement. These Terms constitute the entire agreement between you and BNSBC regarding your use of the SpecGraphixEDU Platform, and supersede all prior written or oral agreements. 

 

    24. Contact Us. If you have any questions about the SpecGraphixEDU Platform, please do not hesitate to contact us at info@bnsbc.tv.