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. Supplemental terms and conditions 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.
Wonder Bunch may immediately terminate these terms with respect to you, including your access to the Services, if you fail to comply with any provision of these terms.
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.
The Services are for your personal, noncommercial use and 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.
The Services are Wonder Bunch’s copyrighted property or the copyrighted property of Wonder Bunch’s licensors and all trademarks, service marks, trade names, trade dress, and other intellectual property rights in the Services are owned by Wonder Bunch or its licensors or licensees. 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.
Content and Software License
If a Service is configured to enable the use of software, mobile applications, content, virtual items, or other materials owned or licensed by Wonder Bunch, Wonder Bunch grants you a limited, non-exclusive, non-sublicensable, non-transferrable license to access and use such software, mobile applications, content, virtual item, or other material 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.
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.
Additional Restrictions on Use of the Services
Wonder Bunch does not allow uses of the Services that are 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). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Services or connected network, or interfere with any person or entity’s use or enjoyment of the Services. Additionally, you agree not to access, monitor, or copy, or permit another person or entity to access, monitor, or copy, any element of the Services using a robot, spider, scraper, or other automated means or manual process without Wonder Bunch’s express written permission.
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 and to post any User Content (as defined below) 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.
The Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, or other content (“User Content”), which may be accessible and viewable by the public. You may not submit or upload User Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
Wonder Bunch does not claim ownership to your User Content; however, you grant Wonder Bunch a non-exclusive, sublicensable, irrevocable, and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available, and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Services and on third-party websites and platforms such as Facebook, YouTube, Instagram, and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize Wonder Bunch to use and exploit, your User Content in all manners contemplated by these terms. You agree to indemnify and hold Wonder Bunch, its affiliates, and their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Wonder Bunch by any third party arising out of or in connection with Wonder Bunch’s use and exploitation of your User Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Content against Wonder Bunch or its licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that Wonder Bunch authorizes you to create, post, upload, distribute, publicly display or publicly perform User Content that requires the use of Wonder Bunch’s copyrighted works, Wonder Bunch grants you a non-exclusive license to create a derivative work using Wonder Bunch’s copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to Wonder Bunch of all rights in the work you create. If such rights are not assigned to Wonder Bunch, your license to create derivative works using Wonder Bunch’s copyrighted works shall be null and void.
Wonder Bunch has the right but not the obligation to monitor, screen, post, remove, modify, store and review User Content or communications sent through the Services, at any time and for any reason, including to ensure that the User Content or communication conforms to these terms, without prior notice to you. Wonder Bunch is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.]
- 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.
- [Paid Transactions]
- Third Party Websites and Content. The Services may display, include, or make available third party content (including data, information, applications, and other products, services, and/or materials) or provide links to third party websites or services, including through third party advertising (“Third Party Materials”). You acknowledge and agree that Wonder Bunch is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Wonder Bunch does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
- 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:
1310 South 78th
Avenue Wonder Bunch, LLC
Omaha, Nebraska 68124