Terms & Conditions

Bully Beware Application Terms of Use

Last Modified: October 01, 2017

You have been authorized by the Hauppauge Union Free School District ("the School") to download, access (including via a web browser) and use the Bully Beware mobile application (the "application").  All users of the application are subject to the following terms and conditions of use ("terms of use").  Please read these terms of use carefully because they will apply to your access to and use of the application, and constitute a legally binding agreement between you and NEXGEN Solutions LLC, dba Bully Beware Zone ("Bully Beware Zone"). If you do not accept these terms of use, you do not have the right and will not be able to use the application. Bully Beware Zone may revise and update these terms of use pursuant to written agreement with the School and Bully Beware Zone will notify you when the terms have been amended. Your continued use of the application means that you accept and agree to any revised terms of use. If you disagree with the terms of use or are dissatisfied with the application, your sole and exclusive remedy is to discontinue using the application.

The most current version of these terms of use, which supersedes all previous versions, can be reviewed by clicking on the "Terms of Use" hyperlink located within the application.

1. THE APPLICATION, APPLICATION FEATURES AND THE SCHOOL'S RESPONSIBILITIES

The Application

Bully Beware mobile application is a digital platform that enables individuals to create an “incident report” that includes optional picture, video, and audio evidence for submission to a central authority with whom the application has been registered to submit reports.  It allows the central authority (such as a school) to collect incident reports, track investigative activities, identify trends, and generate a variety of reports.  In these terms of use, Students, Teachers, and other parties accessing the Services – whether registered or not – are together referred to as “Users.”

Bully Beware Zone does not monitor or access incidents that are reported.  Incidents are securely and confidentially delivered to the School identified by the User and is maintained as part of the user’s Bully Beware Zone mobile app profile which they can edit at any time.  

Application Features

The Application is designed to provide other additional features (collectively, "Application Features"), such as:

  • Safe Places
  • School Resources
  • Follow Me

The School’s Responsibilities

The application features available to you may be determined by the School. Because the School may elect not to provide certain features or may have the ability to activate or deactivate certain features, Bully Beware Zone cannot guarantee all Application features will be available to you or that they will operate, or even look, the same as they do for a user at/from a different School. You acknowledge and agree that Bully Beware Zone has no responsibility, and will bear no liability, for the School's decision to select, activate or deactivate any particular feature that is subject to selection, activation or deactivation by the School.

You further acknowledge and agree that:

  • Bully Beware Zone will not review or access any of the incident reports submitted by Users, nor will it review any of the back office reports generated by the School or monitor use of the Bully Beware Zone administrative control panel.  Bully Beware Zone has no responsibility, and will bear no liability for services provided by the School including the School’s verification of the accuracy and reliability of reports and the School actions in response to reports.
  • Neither Bully Beware Zone nor the School will be responsible, or bear any liability, for any acts or omissions of any Third Party Services or Service Providers. The Application serves only as a tool to facilitate access to such services.
  • The ability to effectively use certain Application Features will depend on various technical factors that are not within Bully Beware Zone's control and for which Bully Beware Zone has no responsibility and will bear no liability. Such factors include, without limitation, the availability and quality of third party network services, Internet connectivity and reception and the quality and features of any equipment, such as mobile phones or tablets, which you employ to access and use the Application and Application Features.

 

"Anonymous" Incident Reporting

Unless you elect to include your name or other identifying information, all Bullying Incident Reports that you submit will be anonymous, and Bully Beware Zone will not have the ability to disclose your identity to the School.   All “Self Harm” Reports that you submit will always automatically include your name or other identifying information as part of the data reported and Bully Beware Zone will have no ability to remove your identity so the School will know that you submitted the report.  BULLY BEWARE ZONE will not be responsible for any disclosure of your identity that results from information you voluntarily provide or from other circumstances beyond BULLY BEWARE ZONE's control.  Further, BULLY BEWARE ZONE reserves the right to cooperate fully with any law enforcement authorities or court orders requesting or directing BULLY BEWARE ZONE to disclose the identity of anyone using the Application in an inappropriate manner, or to enforce these Terms of Use.

2. LIMITED LICENSE; RESTRICTIONS ON USE

BULLY BEWARE ZONE hereby grants you a personal, limited, non-exclusive, non-transferable license to access and use the Application and the Content (as defined below) provided by BULLY BEWARE ZONE. You agree that you will not, and will not allow any third party to:

    1) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application, unless otherwise expressly permitted by BULLY BEWARE ZONE in writing;

    2) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality contained in the Application;

    3) remove, obscure, or alter BULLY BEWARE ZONE's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.

    4) use the Application to access, copy, transfer, transcode or re-transmit any content in violation of any law or third party rights, or other than as expressly permitted under these Terms of Use;

    5) use the Application to create false reports about a person, disseminate false information, make defamatory statements or otherwise harass or violate the rights of any person;

    6) use the Application to transmit any sexually explicit images, except as necessary to record inappropriate conduct in an Incident Report; or

    7) use the Application for any purpose other than its intended, legitimate purpose.

    8) Violate or circumvent (a) any statute, ordinance, regulation, or policy ‒ including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising; (b) these Terms of Use; or (c) Bully Beware Zone’s or the School’s other applicable policies;

    9) Violate or interfere with our determinations regarding your account status;

    10)  Manipulate or interfere with any other User’s account or posted material;

    11)  Post, list, or otherwise upload content that is false, inaccurate, incomplete, misleading, defamatory, libelous, obscene, offensive, harmful to or exploitative of  minors, or unlawfully harassing or threatening;

    12)  Imply or state that any statements you make are endorsed by Bully Beware Zone, without the prior written consent of Bully Beware Zone;

    13)  Take any action that might undermine Bully Beware Zone’s feedback and/or ratings systems;

    14)  Transfer or allow any third party to access to your Bully Beware Zone account and/or password without the prior written consent of Bully Beware Zone;

    15)  Use the Services to distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

    16)  Engage in the use of viruses, Trojan Horses, worms, time bombs, cancelbots or other functionalities that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; or any other technologies that might harm Bully Beware Zone or the interests or property of any User;

You are solely responsible for the content of any reports you create using the Application. There may be limitations on the number or kinds of devices on which you may use the Application. Such limitations will be determined by the School.

3. TERMINATION OR RESTRICTION OF ACCESS

BULLY BEWARE ZONE reserves the right, in its sole discretion, to terminate your access and/or license to the Application. Your right to access and use the Application is effective until terminated by you or by BULLY BEWARE ZONE, which may be done at any time. Upon termination, you shall cease to use the Application in its entirety and you shall remove it from any devices in your possession. BULLY BEWARE ZONE may terminate your rights to access or use the Application without any refund obligation or other liability, if you fail to comply with these Terms of Use. Further, the School may have the right to terminate or restrict your use of the Application or certain Application Features, and BULLY BEWARE ZONE shall have no responsibility, or bear any liability, for the School's decision to do so.

4. INTELLECTUAL PROPERTY RIGHTS

The Application is protected by copyright and other intellectual property laws, and all intellectual property rights in and to the Application, including, without limitation, BULLY BEWARE ZONE logo, and all related trademarks, service marks or other designations of origin used in or in connection with the Application (collectively, "Trademarks"), are the property of BULLY BEWARE ZONE or of BULLY BEWARE ZONE's licensors. Further, all intellectual property rights, including, without limitation, all copyrights, in and to the materials and content provided by BULLY BEWARE ZONE in or through the Application (collectively, the "Content") are the property of BULLY BEWARE ZONE or of BULLY BEWARE ZONE's licensors. BULLY BEWARE ZONE or its licensors retain all right, title and interest in and to the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of BULLY BEWARE ZONE.

5. DISCLAIMER

YOUR USE OF THE CONTENT AND APPLICATION IS AT YOUR OWN RISK. THE CONTENT AND APPLICATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BULLY BEWARE ZONE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. BULLY BEWARE ZONE DOES NOT WARRANT THAT: (I) YOUR USE OF THE APPLICATION WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; OR (III) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE APPLICATION WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL.

FURTHER, BULLY BEWARE ZONE DOES NOT WARRANT THAT YOUR USE OF THE APPLICATION WILL PREVENT OR END ANY INAPPROPRIATE CONDUCT OR ANY PARTICULAR INCIDENT OF INAPPROPRIATE CONDUCT. THE APPLICATION ONLY PROVIDES A TECHNICAL TOOL FOR REPORTING INCIDENTS.

6. LIMITATION OF LIABILITY OF BULLY BEWARE ZONE AND ITS LICENSORS

BULLY BEWARE ZONE MAKES THE APPLICATION AND ITS CONTENT AVAILABLE ON AN “AS IS” BASIS.  IN NO EVENT WILL BULLY BEWARE ZONE OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR THIRD PARTY VENDORS, BE LIABLE FOR ANY DAMAGES UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE APPLICATION OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY SUCH DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DEATH, LOST PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE OF GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE APPLICATION, THE CONTENT OR RELATED SERVICES, SUSTAINED BY ANY PERSON OR ENTITY, WHETHER OR NOT THERE IS NEGLIGENCE BY BULLY BEWARE ZONE AND WHETHER OR NOT BULLY BEWARE ZONE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

7. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Bully Beware Zone, the School and their respective directors, officers, employees, agents, contractors and third party vendors (collectively, "Indemnified Parties"), from any loss, claim, liability, damage, judgment, award, cost or expense (including attorneys' fees) of any kind incurred or sustained by them in any action, suit, claim or proceeding of any kind brought by any person or private, public or governmental entity or agency, related to or arising or resulting from: (i)  any breach  by you of your obligations under these Terms of Use; or (ii) your use of the Application, which shall be at your own risk.

8. PERSONAL INFORMATION, PRIVACY AND SECURITY

Your use of the Application, as well as BULLY BEWARE ZONE's use of any personal information you may decide to submit to BULLY BEWARE ZONE (including any de-identified data based on your personal information and that of other users), shall be subject to, and governed by, BULLY BEWARE ZONE's Privacy Policy. A copy of BULLY BEWARE ZONE's Privacy Policy may be found at www.BullyBewareZone.net/privacy. We encourage you to read BULLY BEWARE ZONE's Privacy Policy carefully.

BULLY BEWARE ZONE reserves the right to cooperate fully with any law enforcement authorities or court orders requesting or directing BULLY BEWARE ZONE to disclose the identity of anyone using the Application in an inappropriate manner, to the extent that BULLY BEWARE ZONE has access to any relevant information.

You acknowledge and agree that as a result of your use of the Application, the School will have the ability to send to you, and may send to you, push notifications, and that such notifications will not be considered unlawful.

9. USER SUBMISSIONS

Any communication which you post, submit or transmit through your use of the Application, including any text messages, screen shots, photos or videos or audio files  (collectively, "Submissions"), are deemed to be the property of the School. By posting, submitting or transmitting any Submissions via the Application you are agreeing that the School shall own all right, title and interest in the Submissions and shall have the right to use the Submissions as it deems appropriate. You further acknowledge and agree that BULLY BEWARE ZONE has no responsibility, and shall bear no liability, regarding the School's use or non-use of any Submissions.

10. LEGAL COMPLIANCE, EXPORT CONTROL AND GOVERNMENT USERS

BULLY BEWARE ZONE is based in the State of Maryland, USA. BULLY BEWARE ZONE.  If you access the Application, you are responsible for complying with all applicable local laws. You shall be responsible for the payment of any sales, use and similar taxes relating to the license of the Application.

The United States controls the export of products and information. You agree to comply with all such restrictions and not to export or re-export the Application to countries or persons prohibited under the export control laws. By downloading the Application, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited.

If the Application is downloaded by or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), it is provided with Restricted Rights. Use, duplication or disclosure of the Application by the U.S. Government is subject to applicable federal laws and regulations.

11. MISCELLANEOUS

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of New York, USA, without regard to its conflicts of law principles, and exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Application shall be in the state or federal courts located in the State of New York, County of Suffolk. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and BULLY BEWARE ZONE with respect to the Application, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect. BULLY BEWARE ZONE's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and BULLY BEWARE ZONE nor any trade practices shall be deemed to modify these Terms of Use.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BULLY BEWARE ZONE as a result of these Terms of Use or use of the Application. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.