Terms and Conditions of Service
The Spelling Bee Ninja website (“Website”) and related services the “Service”), including the Mai Spelling Bee Search Engine, The Spelling Bee Ninja Web Application are provided by the SpecialOne Studio (SpecialOne,” “us,” or “we”). Access and use of the Services is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. SpecialOne may amend, update or change these Terms and Conditions.
2. Description of Website and Service
The Service allows users to (i) create spelling bee study lists, to be used to improve English language spelling capabilities and to prepare for Spelling Bee competitions. (ii) train for spelling bee using our Spelling Bee Ninja web application and mobile phone app (iii) keep track of errors and progresses while using Spelling Bee Ninja, (iv) create and co ordinate classroom activities in order to prepare students for spelling bee competitions. Statisical data related to mispelled words is collected in order to feed the Mai Spelling Bee Search Engine in order to provide more and more precise insights for each words as more users will use ths services. Data is collected and aggregated in anonymous way and no connection with the phisical person is made, generic parameters such as students language, country and grade are be gathered to feed the database.
In connection with registering for and using the Service, you agree (i) to provide, current and complete information about you, especially regarding students grade, nationality and language and ; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to be fully responsible for all use of your account and for any actions that take place through your account.
4. Use of the service
By using our services you allow us to store and use spelling bee statistics related to your spelling tests, your language, your country, your grade and your school of origin if indicated (no personal information will be retained). If you are a teacher willing to create a classroom you agre to provide current and complete information about your students, especially regarfing grade and nationality, as wrong value would compromise the statistical system reliability.
5. Your Representations and Warranties
You represent and warrant to SpecialOne that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below. If you register with the Spelling Bee Ninja, you further represent and warrant that the identification materials you submit to Spelling Bee Ninja are true and accurate representations of legal identification documents, issued to you by a government entity in accordance with local laws, and that you are registering for the Spelling Bee Ninja for the express purpose of taking Spelling Tests and create Spelling lists. You further represent and warrant that you will carefully safeguard your password, user name, and account information, will not share your password or user name with any third party, and will not allow any third party to access your Spelling Bee Ninja account for any purpose.
6. Inappropriate Use
You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in SpecialOne’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose SpecialOne or its users to any harm or liability of any kind. You will not use the Spelling Bee Ninja to collect information about our technology or to develop strategy, guides or other spelling bee preparation material or a similar spelling bee test service.
7. Indemnification of SpecialOne
You agree to defend, indemnify and hold harmless SpecialOne and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions,or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
8. Refund Policy
In the event of a Technical Issue, SpecialOne will, at its option, either (a) provide the user with a refund for the affected period, or (b) use reasonable efforts to resolve the Technical Issue. For purposes of this Section, “Technical Issue” means: (i) the inability to use the system due to a failure in the Website or the App. Whether an issue constitutes a Technical Issue will be determined by SpecialOne in its reasonable discretion. The amount of any refund will depend on the nature of the Technical Issue and will not exceed the total amount actually paid by the user for account subscription. To submit a valid claim for a refund, a user must (a) submit the Technical Issue in writing to SpecialOne within 24 hours after the Technical Issue occurs, and respond to SpecialOne’s requests for information or cooperation, (b) not have directly or indirectly caused the Technical Issue.
9. No representations or warranties by specialone
the service, including all images, audio files and other content therein, and any other information, property and rights granted or provided to you by specialone are provided to you on an “as is” basis. specialone and its suppliers make no representations or warranties of any kind with respect to the service, either express or implied, and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. without limiting the generality of the foregoing, specialone does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. access and use of the service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
10. Limitation on types of damages/limitation of liability
in no event will specialone be liable to you or any third party claiming through you (whether based in contract, tort, strict liability or other theory) for indirect, incidental, special, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the service or any portion thereof, including but not limited to the loss of use of the service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if specialone has been advised of the possibility of such damages. specialone’s liability to you or any third party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to specialone for the service in the 12 months prior to the initial action giving rise to liability. this is an aggregate limit. the existence of more than one claim hereunder will not increase this limit.
SpecialOne may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your SpecialOne account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of SpecialOne’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
12. Proprietary Rights in Service Content and Activity Materials
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of SpecialOne or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and SpecialOne, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (collectively, the “Activity Materials”), shall be exclusively owned by SpecialOne, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. Activity Materials will not include Translation Materials. By using the Service, you hereby assign to SpecialOne any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of SpecialOne or its licensors that are not expressly granted in these Terms and Conditions are reserved to SpecialOne and its licensors.
“SpecialOne” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of SpecialOne or their respective owners, and certain of them are registered with the United States Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the SpecialOne name or any SpecialOne or third-party trademarks, service marks, graphics or logos.
15. Notice for Claims of Copyright Violations and Agent for Notice
If you are a copyright owner and have a good faith belief that any material available through the service infringes upon your copyrights, you may submit a copyright infringement notification to SpecialOne pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing: an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. By email:email@example.com
This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
These Terms and Conditions constitute the entire agreement between SpecialOne and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by SpecialOne or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. SpecialOne may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of SpecialOne and you, and SpecialOne’s and your respective successors and permitted assigns.