Last Updated: November 3, 2021
These terms are a contract between you and Wonder Bunch. You must read and agree to these terms before using the Services. If you do not agree, you may not use the Services. These terms describe the limited basis on which the Services are available and supersede prior agreements or arrangements.
Supplemental terms and conditions may apply to some Services and will be disclosed to you in connection with such Services. Any supplemental terms and conditions are in addition to these terms, and, in the event of conflict, prevail over these terms.
Wonder Bunch may amend these terms. Any such amendment will be effective thirty (30) days following either Wonder Bunch’s dispatch of a notice to you or Wonder Bunch’s posting of the amendment on the Services. If you do not agree to any change to these terms, you must discontinue using the Services.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
By accessing or using the Services, you represent and warrant to Wonder Bunch that (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent’s permission to access or use the Services, and your parent has read and agrees to these terms on your behalf; (ii) all information you provide is accurate, current, and complete; (iii) you will maintain the accuracy and completeness of such information; and (iv) if you are accepting these terms on behalf of an institution, school, company, or legal entity, you have the authority to bind that institution, school, company, or legal entity to these terms. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. These terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
Accessing the Services and Account Security.
We reserve the right to withdraw or amend the Services, and any service or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or all parts of the Services, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Services.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
Intellectual Property Rights
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Wonder Bunch, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as Wonder Bunch specifically agrees in writing, no element of the Services may be used or exploited in any way other than as part of the Services offered to you. You may own the physical media on which elements of the Services are delivered to you, but Wonder Bunch retains full and complete ownership of the Services. Wonder Bunch does not transfer title to any portion of the Services to you.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Services.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
If you wish to make any use of material on the Services other than that set out in this section, please address your request to: firstname.lastname@example.org.
The Wonder Bunch name, Wonder Bunch logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Wonder Bunch or its affiliates or licensors. You must not use such marks without the prior written permission of Wonder Bunch. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Wonder Bunch, a Wonder Bunch employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Wonder Bunch or users of the Services, or expose them to liability.
Additionally, you agree not to:
- Use the Services in a way that is commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations).
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
Reliance on Information Posted
The Services are intended for informational and entertainment purposes only. They do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Wonder Bunch, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Wonder Bunch. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Linking to the Services
You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any links at any time without notice in our discretion.
Links from the Services
If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Wonder Bunch offers a subscription to the Services that provides you with unlimited access to the Services during the term of your subscription. This includes access to all modules and games within the Services.
The subscription begins on the date of your first payment and renews automatically at the end of each period until you cancel (the “Subscription Term”). Wonder Bunch offers two subscription levels:
A month to month subscription is offered at a fixed monthly price and provides you with access to the Services on a monthly basis. Your subscription will automatically renew each month, unless canceled by you. If you cancel your month to month subscription prior to the end of the current month, your subscription will be terminated and you will not be charged any additional subscription fees.
A yearly subscription is offered at a fixed yearly price and provides you with twelve (12) months of access to the Services, beginning on the date you enroll in the subscription program. Your subscription will automatically renew each year, unless canceled by you. If you cancel your yearly subscription prior to the end of the current year, your subscription will not be renewed for an additional year and you will not be charged any additional subscription fees.
Payment will be charged to the payment method you submitted at the time of purchase at confirmation of purchase. You authorize us to charge the applicable subscription fees to the payment method that you submit.
Subscription prices may change at any time, and Wonder Bunch does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any subscription that you order. Wonder Bunch will charge your credit card or other form of payment for the price listed on the relevant subscription offer, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations. You agree that Wonder Bunch will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next billing period, Wonder Bunch reserves the right to immediately revoke your access to any subscription service you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, Wonder Bunch may cancel your subscription.
If you purchased a subscription or free trial on the Apple App Store and wish to request a refund, you must request the refund directly from Apple. To request a refund, follow the instructions from the Apple support page. Wonder Bunch is not responsible for the Apple App Store’s processing of refund requests.
If you purchased a subscription or free trial on Google Play and wish to request a refund, you must request the refund directly from Google. To request a refund, follow the instructions from the Google’s support page. Wonder Bunch is not responsible for Google Play’s processing of refund requests.
You may cancel your subscription at any time before the end of the current Subscription Term by following the instructions given in the Apple App Store or Google Play, as appropriate. The cancellation will take effect on the next Subscription Term. Wonder Bunch is not responsible for the App Store or Google Play’s processing of cancellation requests.
You will retain access to the subscription services from the time you cancel until the start of the next Subscription Term, and will not receive a refund or credit for any remaining days in your current Subscription Term. Note that deleting the app does not cancel your subscriptions.
We may offer a free trial of the Services. The free trial will provide you with three (3) days of access to the Services. Unless you cancel at least twenty-four (24) hours before the end of the free trial, your authorized payment card will be automatically charged at the price indicated on the payment screen for your chosen subscription period.
We may offer the ability to pre-order certain items of content available within the Services. When you place a pre-order for an item of content, unless otherwise noted at the time of purchase, your transaction will be completed and your payment card will be charged on the date when the relevant item of content is made available to you. You can cancel your pre-order at any time up to the point at which the relevant item of content becomes available. In some cases, we may need to cancel a pre-order you have placed, in which case we will notify you.
Content and Software License
Wonder Bunch grants you a limited, non-exclusive, non-sublicensable, non-transferrable license to access and use Wonder Bunch software, mobile applications, content, virtual item, or other material available through the Services for your personal, noncommercial use only.
You may not circumvent or disable any content protection system or digital rights management technology used with the Services; decompile, reverse engineer, disassemble or otherwise reduce the Services to a human-readable form; remove identification, copyright or other proprietary notices; or access or use the Services in an unlawful or unauthorized manner or in a manner that suggests an association with Wonder Bunch’s products, services or brands. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted in these terms.
You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under this Agreement, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Wonder Bunch and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Disclaimers and Limitations on Liability
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WONDER BUNCH DISCLAIMS ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WONDER BUNCH PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WONDER BUNCH SHALL NOT BE LIABLE TO YOU FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WONDER BUNCH WAS ADVISED OF SUCH DAMAGES, NOR SHALL WONDER BUNCH BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND WONDER BUNCH’S REASONABLE CONTROL. IN NO EVENT SHALL WONDER BUNCH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE THOUSAND DOLLARS (US $1,000).
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
You agree to defend, indemnify, and hold harmless Wonder Bunch, its affiliates, and their respective officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of these terms, including your representations and warranties herein.
Third Party Services and Content
When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing, or using certain Services may be prohibited or restricted by your network provider and not all Services may work with your network provider or device.
Wonder Bunch may from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Wonder Bunch has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either: (a) the Services will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of these terms.
Collection and Use of Your Information
The Services may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services available outside the US.
Your Account and User Content
While Wonder Bunch’s Services are aimed to be used by children of varying ages, some of Wonder Bunch’s Services (including any Accounts, as defined below) are intended to be used only by parents, legal guardians and/or teachers over the age of 18.
In order to access certain features of the Services on or through the Services, a parent, legal guardian or teacher must register to create an account (“Account”) through the Services. You agree to provide and maintain accurate, current, and complete information, including your contact information for notices and other communications from Wonder Bunch and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that Wonder Bunch may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian. Wonder Bunch reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. It is your responsibility not to disclose your Account credentials to anyone. You will immediately notify Wonder Bunch of any unauthorized use of your Account.
In accordance with Federal Children’s Online Privacy Protection Act of 1998 (COPPA), Wonder Bunch will never knowingly solicit, nor will Wonder Bunch accept, personally identifiable information from users known to be under 13 years of age.
Each Educational Institution shall also indemnify, defend, and hold Wonder Bunch harmless from any and all claims that arise from (i) failure to use the Services as intended or (ii) failure to comply with the Child Online Privacy Protection Act of 1998 (COPPA), the Family Educational Rights and Privacy Act (FERPA) or any applicable law.
You are not permitted to share your account with any other party. Only you are entitled to access your account and you should not share or disclose your login credentials. In the event that you are found to have shared your login credentials with another party, Wonder Bunch may immediately terminate your account without notice or liability to you, as provided in the “Misuse of Wonder Bunch Products and Services” section below.
Misuse Of Wonder Bunch Products and Services
Wonder Bunch reserves the right in its sole discretion to suspend or terminate your access to Wonder Bunch’s Products and Services or delete your account if it believes your actions (a) violate any provision of these Terms and Conditions; (b) constitute misuse or abuse of any Wonder Bunch websites, apps, products, services, or content; (c) provide inappropriate content; (d) violate any rights of others; (e) violate the law; or (f) are harmful to the interests of Wonder Bunch or its affiliates.
Wonder Bunch may take any of the actions listed above without notice or liability to you. Should Wonder Bunch terminate your account for any reason, you will remain liable for all amounts due under your account up to and including the date of termination. Wonder Bunch will not issue a refund for any Wonder Bunch Subscription fees paid prior to termination.
Term and Termination
These terms (as updated) will remain in full force and effect for so long as you access or use the Services. Wonder Bunch may terminate these terms at any time without notice if it ceases to support the Services, which Wonder Bunch may do in its sole discretion. In addition, these terms will terminate immediately and automatically without any notice if you violate any of these terms. Upon termination, all rights granted to you under these terms will also terminate. Termination of these terms will not limit any of Wonder Bunch’s rights or remedies at law or in equity.
In addition to our subscription Services, we may offer the ability to purchase applications through a onetime payment. Where applicable, this provides you with lifetime access to all modules within the selected application.
Access Outside the United States. Wonder Bunch makes no claims that the Services may be lawfully viewed, downloaded, used or accessed outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Governing Law. These terms are governed by and construed in accordance with the laws of the State of Nebraska without regard to its conflict of laws provisions. Any legal suit, action, or proceeding arising out of or related to these terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nebraska in each case located in Omaha and Douglas County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Severability. If any provision of these terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these terms will continue in full force and effect.
Waiver. No waiver of any provision of these terms by Wonder Bunch shall be deemed a further or continuing waiver of such provision or any other provision, and Wonder Bunch’s failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
Survival. The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination, including but not limited to the sections entitled Disclaimers and Limitations on Liability and Indemnity.
If there are any questions regarding Wonder Bunch or these terms, please contact Wonder Bunch at:
Wonder Bunch Media, LLC
1310 South 78th Ave.
Omaha, Nebraska 68124