These terms of service (“Terms”) are the contract between you and Bloom Software, Inc., doing business as Thrively (“Thrively”). These Terms apply when you use our website, www.thrively.com and any of our other services (collectively, the “Services”).
When you create an account or use the Services in any way, you agree to the Terms. If you do not agree with the Terms, you may not use the Services. Please review these terms carefully, including the provision requiring disputes to be resolved exclusively through means of arbitration, as set forth in Section 15, below. If you are an educator using our platform, please also carefully review Section 2, regarding the permissions you agree to obtain, or that you have obtained.
We can change the Terms at any time by posting the new version(s) to our website(s), effective upon reasonable notice. We may also notify you via email or a notice on our website, and we may require you to consent to the updated Terms before you can use the Services further. In all cases your use of the Services is always subject to the most current version of the Terms.
If you are under age 18, you may not use the Services in the context of creating or operating a parent account or teacher account. However, if you are under age 18 and have the authorization of a parent, you may use the Services with a child or student account.
If you create a user account, all the information you supply must be accurate and complete. You must immediately inform Thrively if you suspect unauthorized activity in your account. We will hold you responsible for all activity in or arising from your account so we recommend keeping your login information secret. You may terminate your account at any time. Terminating your account will not relieve you of any obligation to pay any accrued fees or charges.
You may not use anyone else’s account without their express permission.
If you are an educator, you may input or otherwise provide to us certain student identifiers, such as a student’s first name/last initial, and obtain log-in credentials on behalf of your student(s). When you do so, you or your school or other institution must obtain any necessary permissions from each student’s parents. If you have not done so, or if you are uncertain whether you have the rights to provide us information, or to provide your students with access to the platform, please confirm these rights and permissions before proceeding. You agree that we may rely on you to ensure that all such permissions have been obtained, and that such permissions are a material aspect of this Agreement. If we learn of a violation of this Section 2, we may terminate your and/or your students’ access to the Services.
Click here to download a sample permission slip.
We reserve the rights to change or discontinue the Services at any time and in any way and to start charging for Services that were formerly free.
Thrively provides a service that helps you locate activities that may be useful to you and your child. We are not affiliated with the third party providers that offer these activities (“Providers”) and we are not acting as their agent or representative. We may provide links to third party websites and apps as a convenience to our users but these websites and apps are not under our control. We make no representations as to any Provider, other third parties, activities, websites and/or apps to which we may provide links, including representations as to their quality, functionality or legality. You hereby irrevocably waive any claim you might have (on your behalf, or on behalf of your child) against Thrively with respect to all such Providers, other third parties, activities, websites and/or apps.
If you chose to register for and/or participate in an activity, you are dealing directly with the Provider responsible for the activity, not with Thrively. Everything related to the Provider and the activity is solely between you and that Provider. Thrively is not a party to such interactions, even if Thrively has received compensation related to such interactions. Thrively will not be directly or indirectly liable for any costs or damages arising out of such interactions.
In addition, we disclaim all responsibility for any information or other content provided by any third party, including Providers and other users. We do not guarantee that such content is accurate. We do not verify such content and it may contain inaccuracies or false information. We are not responsible for any loss or damage arising from such content, including any ratings or comments about specific activities or Providers. If you have concerns or questions about any content, activity or Provider, please email us at firstname.lastname@example.org.
As between you and Thrively, any content you post to our website or otherwise through the Services (“Content”) belongs solely to you. You represent or warrant that (a) you own the intellectual property rights or have obtained the necessary permissions and licenses to do everything you are doing with the Content, including uploading it to the Services and sharing it with others, (b) you have all necessary rights to grant us the license below, (c) if the Content depicts real people, you have received any necessary consents, and (d) the Content does not violate any third party rights, including intellectual property rights and rights of publicity and privacy.
You grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, transferable right to use your Content for any purpose, including displaying your Posts on our website and elsewhere and creating derivative works, and you irrevocably waive all claims and assertions of moral rights or attribution associated with your Posts. Thrively has no obligation to monitor Content but we reserve the right to delete or modify Content at any time, for any or no reason.
You may not (yourself or through a third party):
Bloom Software, Inc., doing business as Thrively (“Thrively”) is committed to respecting the rights of copyright and trademark owners. We respond to notices of copyright infringement in accord with the Digital Millennium Copyright Act (“DMCA”) and we use a similar process for trademark infringement claims, as outlined below.
To notify us of copyright infringement, please send a written notice by mail or fax (not just email) that includes all of the following:
Thrively will treat notices that meet these requirements in accordance with the DMCA. If we have taken down any content that you believe should not have been removed, you can send us a written counter-notice by mail or fax. Please be sure your counter-notice meets the DMCA requirements and we will follow the process set out in the DMCA. To find out more about the DMCA, see http://copyright.gov.
To notify us of trademark infringement, please send us a notice that includes (a) the specific trademark you believe is being infringed, (b) detailed information about the trademark you believe is infringing your trademark and where you saw that infringing trademark on our site, (c) your name, address and email address, (d) statements that are the equivalent to #4 and #5 above but as to the trademark instead of a copyright, (e) a physical or electronic signature meeting the requirements of #6 above, and (f) the serial or registration number of your trademark if it has been registered.
We will respond to all infringement notices and comply with applicable law. We reserve the right to remove any content without prior notice and at our sole discretion. We also reserve the right to terminate a user’s account if the user is determined to be a repeat infringer.
Please send copyright and trademark notices to:
Bloom Software LLC
Attn: Copyright/Trademark Agent
600 N. Brand Blvd Ste 620
Glendale, CA 91203
Thrively retains all right, title and interest in the Services, trademarks, service marks and logos, including all underlying software, technology and processes and any enhancements or modifications. Except for rights expressly granted in the Terms, we do not grant you any other right, title or license.
We may use your feedback and suggestions for any purpose without attribution, accounting or compensation to you.
We may contact you about the Services, send messages and things like newsletters, and about other products, services and offers. You may opt-out of receiving promotional messages by following the opt-out instructions in the emails. In addition, Thrively may display ads on the Services (including adjacent to the Content) without passing on any compensation to you. HOWEVER, within Thrively for Classrooms, we do not advertise or market to students. Ads will only display when a parent is logged in using a parent account or a teacher is logged in using a teacher’s account.
You will indemnify, defend, and hold harmless Thrively, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to your violation of the Terms, your use of the Services or your Content, including any information you provide to us. Thrively reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
To the maximum extent permitted by applicable law, the Services are provided “AS IS” and “AS AVAILABLE”, with all faults and without warranty of any kind. The Covered Entities disclaim all warranties and representations whether express, implied or statutory, including implied warranties of fitness for a particular purpose, accuracy and non-infringement. The Covered Entities do not promise that the Services will meet your requirements or be uninterrupted or error free.
The Covered Entities do not control, endorse or accept responsibility for any third party materials, products, services or offers accessible through the Services (including via links to third party websites). We make no representations or warranties about such third parties and you engage with them at your own risk.
Some jurisdictions do not allow exclusion of implied warranties or limitations on your statutory rights, so our disclaimer may not apply to you.
To the extent not prohibited by law, the Covered Entities shall not be liable (and you agree not to hold us liable) for any incidental, special, indirect, consequential or similar damages, including lost profits, damages arising from loss of information, business interruption, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages. In no event shall the Covered Entities’ total aggregate liability for all damages arising under or related to the Services or any other Thrively products or services exceed the greater of $1000 or the amount you paid for the Services in the six months preceding the event giving rise to the liability. These limits apply even if a stated remedy fails of its essential purpose. Some jurisdictions do not allow limits on certain liabilities so these limitations may not apply to you.
Except for the optional arbitration described next, the parties will resolve any disputes exclusively in the federal or state courts located in Los Angeles County, California. Excluding claims for equitable relief, if the total amount in dispute is less than $10,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction.
Whether in court or in arbitration, the initiating party must bring all claims in its individual capacity and not as a plaintiff or class member in a class action or other similar proceeding.
The Service is provided from the United States. By using and accessing the Service, you understand and consent to the storage and processing of all information you have provided to us (including personal information) in the United States. We reserve the right to store and process personal information outside of the United States.