Last Modified: October 01, 2017
1. THE APPLICATION, APPLICATION FEATURES AND THE SCHOOL'S RESPONSIBILITIES
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.
The Application is designed to provide other additional features (collectively, "Application Features"), such as:
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:
"Anonymous" Incident Reporting
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.
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.
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
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.
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.
8. PERSONAL INFORMATION, PRIVACY AND SECURITY
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.