Terms & Use

These Terms of Use (the “Agreement”) are a legal agreement between you (“you,” “user,” “Teacher,” “District or School Employee,” “Parent,” or “Student”) and Moonbear Family, LLC. (“Moonbear,” “we,” “our,” or “us”).

BY REGISTERING TO USE THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. If you do not unconditionally agree to all the terms and conditions of this Agreement, you have no right to access or use the Services. Use of the Services is expressly conditioned upon your assent to all the terms and conditions of this Agreement, to the exclusion of all other terms. If the terms of this Agreement are considered an offer, acceptance is expressly limited to such terms.

By using our Services, you represent and warrant to Moonbear that:

1. You are an individual and not a corporation;
2. You are at least 18 years of age or, if you are not at least 18 years of age, your parent or legal guardian has reviewed and agreed to this Agreement on your behalf;
3. You are either a Teacher in a classroom setting, a District or School Employee, a Parent (or legal guardian) who wishes to use the Services, or a Student who wishes to use the Services;
4. All registration information you submit is accurate and truthful;
5. You will maintain the accuracy of such information; and
6. If you are accepting this Agreement on behalf of an institution, company, or other legal entity, you have the authority to bind that institution, company, or legal entity to this Agreement. You also certify that you are legally permitted to use and access the Services and you take full responsibility for the selection, use of, and access to the Services.

1. Definitions

2. Ownership of and Access to the Services

1. The Services are owned and operated by Moonbear.
2. Moonbear hereby grants you a limited, non-exclusive, non-transferable, nonsublicensable, revocable license to use and access the Services for the purposes set forth herein.
3. Moonbear may change, suspend or discontinue all or any part of the Services at any time, may impose limits on certain features and services, or may restrict your access to parts or all of the Services without notice or liability.
4. Moonbear reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Services or sending you a notice via email prior to adopting any modifications, as outlined in the Moonbear Product Privacy Policy. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
5. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, projection equipment, internet access, and telephone service, and shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
6. You acknowledge that you are responsible for the security of your user ID and password and agree to keep these confidential. As well, you agree not to issue Student, Parent, or District or School Employee access in an insecure manner, or to Students or Parents of Students who are not part of your class.

3. Scope and Term

1. Teacher User
• You are authorized under this Agreement to use the Services for Licensed Classes only
• You are licensed to access the Services from a maximum of two devices simultaneously.
• You agree not to allow others to use your Teacher User ID for classes other than the Licensed Classes covered by this agreement.
2. Parent User
• You are authorized under this Agreement to use the Services for the related Student account only and that your use will terminate when the related Student account is terminated.
• There will be no charge to use the basic services offered to Parents. These services may be redefined and may change from time to time without notice at Moonbear’s sole discretion.
3. Student User
• You are authorized under this Agreement to use the Services for Licensed Classes only.
4. District or School Employee User
• You are authorized under this agreement to use the Services for Licensed Classes only

4. Teacher’s Role and Responsibilities

1. Role as Teacher
• You acknowledge that as a Teacher you may be responsible for granting access to the Services to the Students in the Licensed Classes and their Parents. You agree that access to the Services will not be granted outside yourself, the Students in the Licensed Class and their Parents, or District or School Employee users (if applicable).
• You acknowledge and agree to supervise Students’ access to the Services in order to ensure that the Services will be used in accordance with these Terms of Use.
• Moonbear recommends that you print a copy of these Terms of Use and a copy of the Privacy Policy for each minor Student to bring to their Parent(s).
• You are responsible for monitoring and managing all User Submissions related to Students in your Licensed Classes. Moonbear does not monitor or manage User Submissions and is not responsible in any way for User Submissions. You accept sole responsibility to ensure that such User Submissions meet the following guidelines:
• User Submissions must not include any communication or solicitation designed or intended to obtain password, account, or private information from any user of the Services.
• User Submissions must not include any illegal material, including any material that may be considered threatening or obscene.
• User Submissions must not include any software or software code that may be executed from within the Services
• You may be responsible for issuing invitations to participate in the Services to Parents, thereby giving them access to the Student information for their child, children, or any minor for whom they are legally responsible. You agree that you will not issue such invitations to anyone other than the Parents of your Students as defined in this Agreement. You acknowledge that these invitations are designed to grant access to the personal information of the related Student(s), and that failure to comply with this section will be a breach of the Moonbear Privacy Policy and may result in termination of this agreement.
• You acknowledge that you are the manager of all aspects of the Services within your Licensed Class(es), including all customizable features, all awarding of either positive or negative consequences, and all in-class and in-Product dialogue and communication of any sort between yourself and Students and/or Parents.
• You agree that you will execute your responsibilities in the immediately preceding section in a diligent, fair, and equitable manner without misuse or abuse of the power. Moonbear reserves the right to terminate the license of any Teacher who Moonbear determines has misused or abused this power. Moonbear shall have complete and final authority in this matter.
2. Notice to Users in the United States Regarding COPPA and Parental Consent
• Under the United States’ Children’s Online Privacy Protection Act (COPPA), online service providers such as Moonbear must provide parental notification and obtain verifiable parental consent before collecting personal information from children under the age of 13, except in limited situations (for exceptions to this consent requirement, please see 16 CFR § 312.5(c)). Except as expressly set forth in Section 4.2.2 below and in our Privacy Policy, Moonbear does not knowingly collect such personally identifiable information from a child under the age of 13.
• As outlined in our Privacy Policy, Moonbear may collect certain personal information, such as a Student’s first and last name, username, and email address, but only for the benefit of the school in terms of the Student’s participation in using the Services for the Licensed Class and for no other commercial purpose. Moonbear will not collect such personal information from a child under the age of 13 unless that child's Teacher or Teacher’s school or school district have agreed to obtain the required parental consent pursuant to Section 4.2.3 below. If such personal information is collected without parental consent or collected beyond the scope needed for participation in the Services, Moonbear will delete such information as soon as possible. If you believe that information from a student under the age of 13 has been provided in violation of these terms, please contact us at info@Moonbear.com.
• If you are a Teacher and your school or district has not already obtained parental consent as required under COPPA, you agree to obtain parental consent for online collection of personal information from children under 13 prior to their use of the Services. When obtaining Consent, you must provide Parents with a copy of our Privacy Policy, which explains the types of personal information Moonbear may collect.

You must keep signed consents on file and provide them to Moonbear upon our request. For more information on COPPA, please see: https://www.ftc.gov/tips-advice/business-center/privacy-andsecurity/children%27s-privacy

• You acknowledge that Moonbear is not required to obtain consent directly from Parents under COPPA, and that Moonbear can presume that your authorization for the collection of Students’ personal information is based upon you having obtained the Parents’ consent.

5. Privacy and Security

1. You and Moonbear agree to comply with the requirements of all applicable privacy and security laws, including, but not limited to, COPPA, Family Educational Rights and Privacy Act (FERPA), and applicable State laws in the United States.
2. You acknowledge and agree that, to the extent necessary to provide the Services and fulfill its duties as outlined in this agreement, Moonbear may receive, collect, and process student Education Records and/or Personally Identifiable Information as a School Official with a legitimate educational interest under FERPA. Moonbear acknowledges and agrees that ownership of such records and/or information will remain with the school, Parent, and/or Student, as applicable.
3. For information regarding Moonbear’s treatment of Personal Information / Personally Identifiable Information and other user data, please review our Product Policy, which are hereby incorporated into this Agreement by reference.

6. Content and User Submissions on Services

7. Your Warranties

1. You shall be solely responsible for your User Submissions and the consequences of posting, publishing, or distributing your User Submissions on or through the Services. In connection with each User Submission by you, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms. In furtherance of the foregoing, you agree that you will not: (i) submit User Submissions that are copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy (e.g. COPPA, FERPA, etc.) and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post and distribute the material and to grant us all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) use the Services, including any Content thereon, to harm minors or anyone in any way; (iv) impersonate any person or entity, including, but not limited to, any of our officials, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) submit material that is unlawful, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any local, state, provincial, national, or international law, or is otherwise inappropriate; (vi) post advertisements or solicitations of business; or (vii) collect or store personal data about users without their express consent or in connection with the prohibited conduct and activities set forth above.
2. You acknowledge that Moonbear does not screen User Submissions submitted to the Services, but Moonbear reserves the right to screen, review, flag, filter, modify, refuse, or remove any or all User Submissions or not publish or otherwise distribute User Submissions. Moonbear reserves the right to remove any User Submissions from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submissions or if Moonbear is concerned that you may have breached the immediately preceding paragraph), or for no reason at all. You, not Moonbear, remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such User Submissions to Moonbear and to grant Moonbear the rights to use such information in connection with the Services and as otherwise provided herein.
3. You shall defend, indemnify, and hold Moonbear, its parents, subsidiaries, affiliates, officers, and employees harmless against any and all damages, losses, fines, costs, expenses (including attorneys’ fees), claims, and liabilities, asserted at any time, arising out of User Submissions, your access to the Services, use of the Services, violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

8. Restrictions

1. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services.
2. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any User.
3. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited.
4. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Services, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Services is strictly prohibited.
5. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services.
6. You may not transfer your account to anyone without express prior written consent of Moonbear.

9. Warranty Disclaimer

1. Moonbear has no special relationship with or fiduciary duty to you. You acknowledge that Moonbear has no control over, and no duty to take any action regarding: which Users gain access to the Services; what Content you access via the Services; what effect the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
2. You release Moonbear from all liability for you having acquired or not acquired Content through the Services.
3. Moonbear makes no representations or warranties regarding suggestions or recommendations of services or products (including Content provided by publishers) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) are provided "AS IS'' without any warranty of any kind from Moonbear or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product.
4. The Services are provided on an "AS IS" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the Services will be uninterrupted or error-free.

10. Registration

1. As a condition to using Services, you will be required to register with Moonbear and select or use a User ID. Further to your representation and warranty in the preamble to the Agreement, you shall provide Moonbear with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account.
2. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization.
3. Moonbear reserves the right to refuse registration of or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.

11. Fees for Individual Teacher Licenses

1. Teachers may subscribe to the paid version of Moonbear and in doing so will agree to the fees then in force for access to this version.
2. Moonbear reserves the right to change its price list for certain Services and to institute new charges at any time, upon notice to you. If you continue to use those Services following such notification, that use constitutes your acceptance of any new or increased charges.
3. Moonbear will automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. Moonbear reserves the right to change the timing of this billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, Moonbear may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your license on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your billing date may change due to changes in your license.
4. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the services through the end of your prepayment period as identified in your Payment Plan. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
5. You may edit your Payment Method information by logging into the account and clicking on the "My Profile" link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
6. You may cancel your license at any time, and you will continue to have access to the service through the end of your prepayment period as identified in your Payment Plan.
7. Moonbear reserves the right to terminate this agreement, or to change your services from a premium subscription to a free Subscription at any time that the payment is for any reason overdue by 15 days or more. You are responsible for and agree to reimburse Moonbear for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.

12. Term and Termination

1. This Agreement shall remain in full force and effect for as long as you continue to use Moonbear with the User ID used to create your account.
2. As Parent or Student, you may terminate your use of the Services or account at any time by contacting your teacher or school or by contacting us at info@Moonbear.com.
3. As Teacher or District or School Employee, in no event will the Agreement terminate before the end of the prepayment period or before the agreement with your school or district is terminated. The Agreement shall be considered terminated should it be cancelled by Moonbear under the terms of this agreement.
4. It is understood that the management of the Licensed Class is the responsibility of the Teacher, and that termination of the Agreement by the Teacher or school administration may automatically trigger the termination of the Student License Agreements for those Students in the Licensed Class, as well as that of the Parents of Students in the Licensed Class.
5. Moonbear may suspend or terminate your access to the Services or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture and destruction of all information associated with your account. Upon termination of your account, your right to access and use the Services will immediately cease. Moonbear is not under any obligation to provide access to User Submissions after the termination of this agreement.
6. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
7. In the event of termination of this agreement by Moonbear, Moonbear shall not be held liable for any damages in excess of the fee(s) paid to use the Services.
8. The early termination or expiration of this Agreement shall not operate to limit any rights or remedies available to Moonbear that accrued prior to termination or expiration hereof.
9. Moonbear will delete all User information, including User Submissions according to its Privacy Policy.

13. Governing Law

1. This Agreement shall be construed in accordance with and governed by the laws of New York applicable herein, without regard to conflict of law rules which would cause the laws of any other jurisdiction to apply. Any and all disputes, claims, and questions regarding the interpretation, performance, and enforceability of this Agreement, and the rights and remedies of the parties hereunder, and any action or judicial proceeding related thereto shall be initiated and prosecuted exclusively in the state of New York. The parties agree to submit and hereby irrevocably attorn to the exclusive jurisdiction of such court.

14. General Provisions

1. Note that, by using the Services, you may receive email or text messages on your phone or mobile device, which may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Furthermore, should you access the Product from a mobile device or via the internet you may be subject to data usage charges. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless and/or internet carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.
2. Moonbear shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Moonbear's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including "line-noise" interference).
3. If a provision of this Agreement is held invalid or unenforceable, any other provision contained herein shall be separately valid and enforceable to the fullest extent permitted by law.
4. No negligence or waiver by either party to exercise a right shall be deemed to be or construed as a waiver by either party of its rights.
5. You shall not assign, transfer, or sublicense this Agreement except with Moonbear’s prior written consent.
6. Moonbear may assign, transfer, or delegate this Agreement and Moonbear’s rights and obligations without your consent.
7. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that, subject to Section 2.4, all modifications must be in a writing signed by both parties, except as otherwise provided herein.
8. This Agreement and any subsequent versions of this Agreement posted to the Product and/or Website will be deemed a writing signed by both parties.
9. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Moonbear in any respect whatsoever.
10. The effective date of this version of this Agreement is December 27, 2022.