Thrively Terms of Service
(Last updated on February 9, 2018)
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 websites, www.thrively.com and/or www.activityrocket.com, as well as 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 16, 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.
Our Services are provided without warranty and with limited liability on our part (see Sections 13 and 14 below).
Eligible Users and Accounts
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 with your school before proceeding. It is typical for schools to obtain this permission at the beginning of the academic year for all educational software they plan to use. 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.
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.
Activities and Other Third Party Information
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 activities in connection with our sites (“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 email@example.com.
If you are a parent registering for and paying for an activity on our sites, you agree to pay for all goods, services and activities (including, without limitation, registration fees) purchased via our site in the amounts stated on our site and authorize Thrively to debit your bank or other account and/or charge your credit card (depending on payment methods we may make available from time to time and, if multiple options are available, your selected payment method) for all such amounts. Thrively hereby reserves the right to correct any errors or inaccuracies in the descriptions of any Provider, activity and/or listed price regardless of whether Thrively discovers the error or inaccuracy before or after you purchase or register for the good, service or activity. All sales and transactions are final and no refunds or credits will be provided by Thrively. You must contact the relevant Provider to determine its refund/cancellation policy and to request/obtain any refund and/or to terminate any activity registration. Providers reserve the right at all times and from time to time to modify, suspend or terminate any activity (including the duration, content and/or schedule therefor) due to lack of enrollment or participation or for any other reason in their sole and absolute discretion. You acknowledge that activity registration requests submitted through our site are not considered accepted by Thrively unless and until you receive confirmation from us or the Provider. In most cases we will inform you as to whether your request has been accepted or rejected within 36 hours. We strongly recommend that you confirm ALL activity registrations directly with the relevant Provider even after receiving confirmation from us as Thrively will not be responsible for any errors, defects or failures on the part of any Provider or on their registration, billing or other systems, including without limitation, with respect to confirming, making or maintaining any registration, and/or with respect to the modification, termination or rescheduling of any activity or series of activities. In addition, if you discover that a registration booked through and confirmed by our site was not actually accepted by the relevant Provider, while Thrively may refund the registration fee paid to us if we are responsible for the error, as more fully set forth below, we will not be responsible for any inconvenience or other costs or damages you may incur as a result. You also acknowledge that by clicking on (1) a registration hyperlink (i.e. a button or other hyperlink leading you to an activity registration page on our site); (2) any type of hyperlink that results in you navigating from our site to a website owned or operated by or on behalf of an Provider; or (3) an online form of any kind requesting your email to be included, your name and email address will be provided to the relevant Provider for your convenience so that the Provider may contact you to further discuss your interest in their activities.
Content You Post
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):
- (a) use the Services to harm, threaten, or harass anyone,
- (b) use the Services and/or the information you gain from using the Services to create similar services,
- (c) modify, alter, tamper with, reverse engineer or create derivative works of any aspect of the Services, except and only to the extent that the applicable law expressly requires us to permit you to do so,
- (d) use any automated process with the Service (e.g., a bot or periodic caching of information stored by Thrively), or extract or “scrape” data through any manual or automated process, except for search engines compiling a free public search index,
- (e) use the Services for any commercial purpose, except with Thrively’s written permission, or charge any person to access or use the Services, circumvent any technical measures we use to restrict access to the Services,
- (f) use the Services for any purpose other than as expressly permitted by the Terms and the information available on our websites,
- (g) sell, lend, rent, lease, sublicense, assign or otherwise transfer any of the rights granted to you with respect to the Services to any third party,
- (h) remove, obscure or alter any proprietary rights notice pertaining to the Services, including notices on any software and documentation,
- (i) access or use the Services in a way intended to avoid incurring fees,
- (j) use the Services in connection with anything misleading or illegal, unsolicited or spam email, bulk mailing or chain letters, contests, sweepstakes, pyramid or ponzi schemes, to advertise or promote a commercial product or service that is not available through Thrively, or post anything that is unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable or that encourages criminal conduct,
- (k) attempt to access Thrively's other accounts, computer systems or networks not covered by the Terms, through password mining or any other means,
- (l) overburden Thrively's system resources or capacity or otherwise attempt to deny service to anyone or disrupt the Services, or
- (m) share passwords or other access information or devices or otherwise authorize any third party to access or use the Services.
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:
- 1. Identification of the work you believe is being infringed.
- 2. Identification of the work that you believe to be infringing, with information that is reasonably sufficient for us to find it.
- 3. Your name, address, phone number and email address.
- 4. A statement that you have 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.
- 5. A statement that the information in your notification is accurate, and under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 6. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
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.
Where to Send Notices
Please send copyright and trademark notices to:
Bloom Software LLC
Attn: Copyright/Trademark Agent
3900 W Alameda Ave, Suite 1200
Burbank, CA 91505
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.
Contacting You, Advertising
We may contact you about the Services, send messages and things like newsletters, and information about other products, services and offers. You may opt-out of receiving promotional messages by following the opt-out instructions in the emails. Thrively does not advertise or send promotional messages to students. Ads will not be displayed on Thrively for any user.
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.
LIMITATION OF LIABILITY
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.
All Disputes Shall Be Resolved by Arbitration
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.
- These Terms incorporate all policies shown on our website.
- You cannot assign your account to any third party without our prior written consent.
- Thrively will be entitled to recover any legal fees and other costs associated with enforcing the Terms.
- We will communicate with you either by emailing the address associated with your account or by posting on the website itself. You can provide any notices to us by sending an email to firstname.lastname@example.org or email@example.com.
- The Agreement is governed by the laws of the State of California, excluding its choice of laws principles.
- You must bring any claims under the Terms within one year unless the law requires a longer timeframe. Claims not filed within those limits are permanently barred.
- These terms constitute the entire agreement, governing your relationship with Thrively, and supersede any other verbal or written representations that we have made, or that you believe we have made, to you.
- If any provision of the Terms is legally unenforceable, that provision shall be limited to the least extent necessary to render it enforceable (or eliminated if it cannot be made enforceable) and the validity and enforceability of the remaining provisions will not be affected. No waiver will be effective unless it is in an explicit writing and signed by the waiving party.
- Thrively and the Thrively logos are trademarks, service marks and/or registered trademarks of Bloom Software, Inc. dba Thrively and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other product and company names may be trade or service marks of their respective owners.