Terms and Conditions


Bambinotes, Inc. (referred to in these Terms of Use as “Bambinotes”, “we”, “us” or “our”), is the operator of the website mena.bambinotes.com (the “Site”) and the provider of the services made available through the Site (our services and the Site will be referred to together as the “Service”). These Terms of Use apply when you access, visit or use the Service. If you do not agree to these Terms of Use you should not access, visit or use the Service. 1. Description of the Service; Eligibility. The Service is an online portal that enables schools to distribute information to, and communicate with, parents and guardians of students who attend the school. Therefore, schools that register to use the Service, and that obtain the necessary consents and authorizations from parents or guardians of students, may submit information to the Service about children who are under the age of eighteen (18). In addition, if parents and guardians of students register to use the Service they may submit information to the Service about children under the age of eighteen (18). However, the Service is not intended for use by children under the age of eighteen (18) and you may not register to use the Service if you are under the age of eighteen (18). If you are not at least eighteen (18) years old, please do not register to use the Service.
2. Acceptance of these Terms of Use. By clicking “accept” when you register to use the Service, you agree to be bound by these Terms of Use.
3. Additional Terms Applicable to Schools. If you are a school administrator and you purchase a subscription for your school to use the Service, you will be required to accept the terms of the Bambinotes Subscription Agreement located at http://mena.bambinotes.com/en/subscription-agreement/. The terms of the Bambinotes Subscription Agreement and these Terms of Use are applicable to your school’s use of the Service. You will be required to accept and agree to the Subscription Agreement in order for your school to use the Service.
4. Privacy Policy. In connection with your use of the Service, please review our Privacy Policy located at http://mena.bambinotes.com/en/privacy-policy/ in order to understand how we use information we collect from you when you access, visit or use the Service. The Privacy Policy is part of and is governed by these Terms of Use and by accepting the Terms of Use, you agree to be bound by the terms of the Privacy Policy, and agree that we may use information collected from you in accordance with the Privacy Policy.
5. Registration. As a condition of using the Service, you will be required to register through the Service and select a password. You shall be responsible for maintaining the confidentiality of your password.
6. Prohibited Activities. You may not access or use the Service for any purpose other than the purpose for which we make it available to you. We may prohibit certain activities in connection with the Service in our discretion. These prohibited activities include, without limitation, the following: – Criminal or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets.
– Using any information obtained from the Service in order to contact, advertise to, solicit or sell any products or services to any user without their prior explicit consent.
– Interfering with, disrupting or creating an undue burden on the Service or the networks or services connected to the Service.
– Attempting to impersonate another user or person.
– Using the user I.D. or account of another user.
– Using any information obtained from the Service in order to harass, abuse or harm another person.
– Using the Service in a manner inconsistent with any and all applicable laws and regulations.
7. Management of the Service. You acknowledge that we reserve the right, but have no obligation, to (a) take appropriate legal action against anyone who, in our sole determination, violates these Terms of Use, including, without limitation, reporting you to law enforcement authorities, (b) in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable all or a portion of the Service, and (c) otherwise manage the Service in a manner designed to protect the rights and property of Bambinotes and users of the Service and to facilitate the proper functioning of the Service.
8. Use of the Service. The Service and its contents and the trademarks, service marks and logos contained on the Service, are the intellectual property of Bambinotes or its licensors and constitute copyrights and other intellectual property rights of Bambinotes or its licensors under U.S. and foreign laws and international conventions. The Service, its contents and any data generated or produced using the Service may only be used for your informational, personal, non-commercial use and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the express written consent of Bambinotes. You agree not to engage in the use, copying or distribution of the Service, any of its contents or any data generated or produced using the Service for any commercial purpose. You agree not to circumvent, disable or otherwise interfere with security related features of the Service. We may, but are not obligated to, periodically provide updates to the Service to resolve bugs or add features and functionality. You do not acquire any ownership rights to the Service or to any contents contained on the Service. All rights not expressly granted in these Terms of Use are reserved by Bambinotes. You are solely responsible for your interactions with other users of the Service.
9. Termination by Bambinotes. We may suspend or terminate your use of the Service if you violate these Terms of Use or in our discretion. We may also impose limits on or restrict your access to parts or all of the Service without notice or liability. If you are a school administrator with a paid subscription to the Service, and we terminate your use of the Service, or access to features of the Service, then within thirty (30) days of the date of the applicable termination we will provide you with a pro rata refund of your subscription fee based on the portion of your subscription period that remained at the time of termination. All refunds will be made to the account you used to pay for your subscription.
10. Cancellation by You. You may cancel your account with us at any time by contacting us using the contact information in Section 30 below. Following cancellation you will no longer have access to the Service. If you are a school administrator with a paid subscription to the Service and you cancel your subscription, then within thirty (30) days of the date of cancellation we will provide you with a pro rata refund of your subscription fees based on the portion of your subscription period that remained at the time of termination.
11. User Content. You shall be solely responsible for any data, text, photographs, graphics, video, messages, tags, images, illustrations, software, audio clips or other materials you upload or submit to the Service (“User Content”). You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Bambinotes assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (a) monitor User Content; and (b) alter, remove, or refuse to post or allow to be posted any User Content. For any User Content you submit, you grant to Bambinotes a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, and distribute such User Content solely as necessary to provide the Service, all without compensation to you. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. Content is also provided by other users of the Service. Please note that other users of the Service may post content that is inaccurate, misleading, or deceptive. Bambinotes neither endorses nor is responsible for any opinion, advice, information, or statements made by these other users. Bambinotes will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and do not reflect the opinions of Bambinotes.
12. Submission of Questions and Feedback. If you submit opinions, suggestions, feedback and/or proposals to Bambinotes through the Service, or through any other communication with us, you acknowledge and agree that: (a) the submissions you provide will not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the submissions you provide; (c) we shall be entitled to use or disclose (or choose not to use or disclose) the submissions you provide for any purpose, in any way, in any media worldwide; (d) the submissions you provide will automatically become the property of Bambinotes without any obligation of Bambinotes to you; and (e) you are not entitled to any compensation or reimbursement of any kind from Bambinotes in connection with your submissions under any circumstances.
13. Links to Other Websites. The Service may contain links to third-party websites, resources or data. You acknowledge and agree that Bambinotes is not responsible or liable for: (a) the availability or accuracy of these third-party websites, resources or data; or (b) the content, products, or services on or available from these websites, resources or data. You also acknowledge that you are solely responsibility for and assume all risk arising from the use of any these websites, resources and data. Links to third party websites on the Service are not intended as endorsements or referrals by Bambinotes of any products, services or information contained on the applicable websites. These Terms of Use do not apply to third party websites, including the content of and your activity on those websites. You should review third-party websites’ terms of service, privacy policies and all other website documents, and inform yourself of the regulations, policies and practices of third-party websites.
14. Disclaimer of Warranties. THE INFORMATION CONTAINED IN and provided through the Service, INCLUDING TEXT, GRAPHICS, LINKS, OR OTHER ITEMS, is PROVIDED “AS IS”. NEITHER Bambinotes NOR ITS SUPPLIERS WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ACCESSED ON OR THROUGH THE Service AND Bambinotes EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR MATERIALS ACCESSED ON OR THROUGH THE Service. NO WARRANTY OF ANY KIND, WHETHER IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH any INFORMATION, MATERIALS, OR SERVICES provided through the Service.
SOME STATES RESTRICT DISCLAIMERS OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT FULLY APPLY TO YOU.
15. Limitation of Liability. IN NO EVENT SHALL Bambinotes OR its THIRD PARTY SUPPLIERS BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES OR EXPENSES, including any lost profits, lost data, or lost savings, whether based on breach of contract, breach of warranty, tort or any other legal theory, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF the Service OR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS OR SERVICES provided through the Service, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF Bambinotes OR ITS THIRD PARTY Suppliers ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN NO EVENT WILL Bambinotes AGGREGATE LIABILITY FOR ANY CLAIM EXCEED $100.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
16. Unauthorized Transactions. If you are a school administrator and you use a credit card to pay for a subscription to the Service, you are representing to Bambinotes that you are authorized to use that credit card. Any violation of this requirement will be reported to the appropriate authorities.
17. Indemnification. You agree to defend, indemnify and hold Bambinotes harmless from and against any and all claims, damages, and costs including attorneys’ fees, arising from or related to your use of the Service.
18. Governing Law and Jurisdiction. You agree that your use of the Service shall be governed by and construed in accordance with the laws of Delaware, without regard to conflict of law rules.
19. Arbitration Agreement and Waiver of Class
a. Arbitration. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms of Use (including its formation, performance and breach) and the Service shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit; we will pay the additional cost.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
b. Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
c. Exception – Litigation of Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
d. Thirty Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this Section by sending written notice of your decision to opt-out to the following address: 1900 University Ave | 5th Floor, East Palo Alto, CA 94303. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Service. If we terminate your use of the Service, and you are a paid subscriber to the Service we will provide you with a pro rata refund of your subscription fees based on the portion of your subscription period that remained at the time of termination within thirty (30) days of the date of the applicable termination.
20. Amendments. These Terms of Use may be amended by Bambinotes from time to time. We will post any material changes to these Terms of Use on the Service with a notice advising of the changes at least thirty (30) days before the effective date of the changes. If you have provided us with your email address we will also notify you of material changes to these Terms of Use by sending an e-mail at least thirty (30) days before the effective date of the changes to the e-mail address you most recently provided to us. You may cancel your account prior to the end of the applicable thirty (30) day period by contacting us using the contact information in Section 30 below. If you choose to cancel your account within this thirty (30) day period, you will not be bound by the terms of the revised Terms of Use but will remain bound by these Terms of Use. If you are a school administrator and you have a paid subscription to use the Service, within thirty (30) days of the date of cancellation, we will provide you with a pro rata refund of your subscription fee based on the portion of your subscription period that remained at the time of cancellation. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes, so that you may receive any notices we send to you regarding material changes to these Terms of Use. 21. No Oral Modifications. Employees of Bambinotes are not authorized to modify these Terms of Use, either verbally or in writing. If any employee of Bambinotes offers to modify these Terms of Use, he or she is not acting as an agent for Bambinotes or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of Bambinotes or anyone else purporting to act on our behalf.
22. No Third Party Beneficiaries. These Terms of Use are between you and Bambinotes. There are no third party beneficiaries.
23. Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind Bambinotes in any respect whatsoever.
24. Non-Waiver. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
25. Force Majeure. Bambinotes shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Bambinotes reasonable control, including, without limitation, any mechanical, electronic or communications failure or degradation. 26. Severability. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.
27. Assignment. These Terms of Use are not assignable, transferable or sub-licensable by you except with our prior written consent. We may transfer, assign or delegate these Terms of Use and our related rights and obligations without obtaining your consent.
28. Entire Agreement. These Terms of Use supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Service or its contents. Modifications to the Terms of Use that are not posted on the Service are not valid unless made in writing and signed by an authorized representative of Bambinotes.
29. Notices. You consent to receive notices and other communications regarding these terms and conditions and/or other aspects of the Service through posting of notices on the Service. You agree that all agreements, notices, disclosures, and other communications that Bambinotes provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.
30. Contact Us. If you have any questions about these Terms of Use or your account, you may contact us by email at mena@bambinotes.com.