School Club Terms & Conditions

BANANAGRAMS SCHOOL CLUB Terms & Conditions

BANANAGRAMS SCHOOL CLUB

Congratulations to your school for organizing a Bananagrams

School Club Terms & Conditions of Use We want to make sure that your experience is as enjoyable as possible. By signing up to participate in the BANANAGRAMS School Club you are agreeing to the following terms and conditions and the general Terms and Conditions of use applicable to the Bananagrams site at www.bananagrams.com.

About BANANAGRAMS Bananagrams®, Inc., is the family-owned company behind a range of innovative table-top games, including the international phenomenon BANANAGRAMS -the fast, fun anagram game that will “drive you bananas!” Created by three generations of the Nathanson family, the game has sold over six million copies in more than 30 countries globally and is available in multiple languages. All the games in the range feature attractive cloth pouches and need no board, pencil or paper- ideal for children and adults who enjoy witty word play, at home or on the go!

About the BANANAGRAMS School Club The BANANAGRAMS School Club is managed by Bananagrams®, Inc. It is open to teachers and students. Only one registration per school is permitted. By registering, each school agrees to abide by the terms and conditions of the BANANAGRAMS School Club and will be notified via email if they qualify to receive a free school club kit. Full details of the monthly hashtag challenges will be sent out via email to all registered schools and will also be disclosed on our private Facebook Teachers Group and Google Classroom. Participation in the Facebook Teachers Group and the Google Classroom is voluntary at your own discretion. Teachers may interact with Bananagrams and Bananagrams School Club via the Facebook Teacher Group and the Google Classroom Group. It is not suggested or recommended that Students participate in either the Facebook or the Google platform. Teachers participating voluntarily with Facebook or Google do so at their own risk subject to the terms and conditions of the platforms and subject to the user agreements applicable to the platforms. Bananagrams disclaims any responsibility, authority or control over either platform.

There is no charge to register your school to organize a Bananagrams School Club.

All registered schools agree to assume responsibility for obtaining all required parental consent authorizations from students according to school policy or according to applicable law for students participating in the Bananagrams School Club or the monthly hashtag challenge for any students or school locations featured in any photographs shared by the school on the school’s social media pages, and/or photographs submitted to BANANAGRAMS by the school or teachers. Bananagrams reserves the right to use photographs submitted to Bananagrams by schools or teachers on the Bananagrams website “Wall of Fame” and share them across social media.

Once registered, each school effectively assigns the consent it receives from parents of children for use of images posted on social media or emailed to Bananagrams by the school. Bananagrams may in its discretion use any photo posted or shared by the school on the Bananagrams website or social media including twitter, Instagram and facebook for promotional purposes.

Any school organizing a Bananagrams School Club in which 16 or more students are involved is eligible to receive one free school club kit, on a first come, first served basis. Priority will be given to larger club sizes. Bananagrams provides 1500 free kits to schools in the USA and UK per year. Once our annual quota is capped, your school will be placed on a waiting list to receive a kit the next year. The quantity of kits dispersed and the recipients of the kits are determined in the sole discretion of BANANAGRAMS.

Bananagrams®, Inc., reserves the right to exclude any School from the Club if it believes, in its sole discretion that the school is not complying with the regulations or is not using the School Club Kit for the purpose for which it was intended.

About the BANANAGRAMS School Club website The BANANAGRAMS website is not a shared site, so schools cannot interact with other schools or students within the site. This means that no one can see you and you can be assured that no one can interact with you.

Ownership of Materials Bananagrams®, Inc owns all materials that appear on this website and in the School Club Kit, including any trademarks, trade names, slogans, logos, designs, graphics, pictures, images, text, content, images or other materials, including all copyright, trademark, patent, moral rights, and other intellectual property rights thereto. All such rights of Bananagrams®, Inc are hereby asserted and reserved, and you may not make any unauthorized use of the materials, including claiming ownership of the materials, using the materials in a way that is likely to cause confusion among consumers, using the materials in a commercial manner, or otherwise infringing on the rights of Bananagrams®, Inc. When you register to take part in the BANANAGRAMS School Club you understand and agree that the materials are created from content provided to you by Bananagrams®, Inc and that Bananagrams®, Inc continues to own that material.

Bananagrams®, Inc reserves the rights to change the Site and its content at any time and restrict access to the Site, if we believe it is not being used in the correct and appropriate way. Bananagrams reserves the right to discontinue the Bananagrams Club at any time, in its sole discretion without recourse to the Schools and the contestants. While we encourage you to use the Site and enjoy playing it in a healthy way, Bananagrams®, Inc does not encourage playing on the computer for hours on end. Please be sensible about how long you play within online games- maybe go outside and ride your bike for a bit to get some fresh air and then come back for more later!

Privacy By registering, you have agreed to be bound by the Privacy Policy and the Kids Privacy Policy both of which are attached hereto and made a part hereof.

Be Responsible You agree to indemnify and hold harmless Bananagrams®, Inc against all liability arising out of your use of the bananagrams.com/schoolclub website.

Liability Bananagrams®, Inc., provides and maintains The BANANAGRAMS School Club website, on an “as is” and “as available” basis. Bananagrams®, Inc gives no warranty in connection with bananagrams.com and cannot promise that the Site will always be available, or that it will work perfectly. To the maximum extent permitted by law, you indemnify Bananagrams®, Inc., for any liability for loss or damage of any kind arising out of your use of bananagrams.com/schoolclub, or any information, materials or other items you obtain from us, including without limitation any direct, indirect, punitive or consequential damages whether or not such damages arise out of any problem about which you may have notified Bananagrams®, Inc. Bananagrams®, Inc., shall have no liability to pay any money by way of compensation.

Acceptance of Terms THESE TERMS AND CONDITIONS OF USE (the “Terms”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND BANANAGRAMS governing your use of this Site, (www.bananagrams.com), which includes but is not limited to products, software and Sites offered by way of the website such as any “Video Player,” “Uploader,” and other applications that link to these Terms (the “Site”). Please review the Terms fully before you continue to use the Site. By using the Site, you agree to be bound by the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Site. Please review our Privacy Policy, which also governs your use of the Site, to understand our practices. If you do not agree, please discontinue using the Site. Bananagrams reserves the right to change the Terms at any time without prior notice. Your continued access or use of the Site after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly. Your use and browsing of the Site is at your own risk. If you are dissatisfied with any of the materials contained in the Site, with the quality of Site, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.

Registration To participate, you must complete the registration process. As a registered user of the Site, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Site registration form (“Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Upon completing the registration process, you shall receive confirmation via email. By registering, you consent to the collection of your data, including, without limitation, Registration Data, by Bananagrams and processing of such data by Bananagrams in connection with your use of the Site. You consent to the technical processing and transmission involved in your use of the Site, including, without limitation, Registration Data, and you acknowledge that such process may involve (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices. Registration is limited to strictly one free club kit per school. The organizers reserve the right to remove any duplicate school registrations or any non-school registrations. Once registered, each school effectively assigns the consent it receives from parents of children for use of images posted on social media or emailed to Bananagrams by the school. Bananagrams may in its discretion use any photo posted or shared by the school on the Bananagrams website or social media including twitter, Instagram and facebook for promotional purposes.

Intellectual Property Issues The Site is owned by Bananagrams. All of the content featured or displayed on the Site, including, but not limited to still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“Content”) is owned or licensed by Bananagrams.

Advertisements for third-party entities are not considered Content for the purposes of this Section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms.

Pursuant to the copyright and trademark laws of the United States, you agree:

  1. That you may only download Content that Bananagrams designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.
  2. To not reproduce, distribute, modify, re-post on another Site (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from Bananagrams.
  3. To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
  4. To refrain from framing, inline linking, or mirroring any portion of the Site.
  5. You retain all of your ownership rights in material you upload, comments you post, or other content you provide to the Site (“Your Content”).
  6. Bananagrams will make no sale of Your Content to a third party unless and until you have expressly consented.
  7. By uploading Your Content, however, you grant Bananagrams (which includes its subsidiaries, affiliates, joint venturers, and licensees) the following rights: a worldwide, perpetual license to display, distribute, reproduce, and create derivatives of Your Content, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in editorial, commercial, promotional, and trade uses in connection with Bananagrams Products. Bananagrams may license or sublicense, in whole or in part, to third parties rights in Your Content as appropriate to distribute, market, or promote such Bananagrams Products. You also grant Bananagrams permission to use and authorize others to use your name and any profile picture you provide in association with Your Content for identification, editorially, publicity related to Your Content or the Site, and for similar institutional promotional purposes. You also agree that Bananagrams may make Your Content available to users of the Site who may display and redistribute it in the same way that Bananagrams makes all other Content available.
  8. Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on the Site should be sent to our corporate headquarters. If you believe that your work has been used in a way that may constitute copyright infringement, please provide Bananagrams with the following information:
  9. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  10. A description of the copyrighted work that you claim has been infringed;
  11. A description of where the material that you claim is infringing is located on the Site (such as the URL);
  12. Your address, telephone number, and e-mail address;
  13. 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
  14. 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 authorized to act on the copyright owner’s behalf.

Corporate Headquarters: Bananagrams, Inc. 845 Allens Avenue Providence, RI 02905 By e-mail: info@bananagrams.com

Liability The Site is provided for educational and entertainment purposes only. The Site should not be used for any highrisk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use. Although Bananagrams does not routinely monitor the postings to the Site, Bananagrams reserves the right (but assumes no obligation) to delete, move, or edit any Your Content that comes to its attention that Bananagrams considers in its sole discretion to be unacceptable or inappropriate, whether for legal or other reasons. Conduct by any user that, at the sole discretion of Bananagrams, restricts or inhibits any other user from using or enjoying the Site will not be permitted. Bananagrams reserves the right to refuse access to the Site to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms, any other operating rules or terms currently posted on the Site, or any of the copyright or trademark laws of the United States.

The Site may provide, or third parties may provide, links to other sites or resources. Because Bananagrams has no control over such sites and resources, you acknowledge and agree that Bananagrams is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Bananagrams shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or Sites available on or through any such linked site or resource. Your interactions with companies, organizations and/or individuals found on or through our Site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that Bananagrams will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Site, or between a user and any third party, Bananagrams is under no obligation to become involved, and you agree to release Bananagrams and its affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or the Site. THE INFORMATION, PRODUCTS AND SITES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BANANAGRAMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BANANAGRAMS MAKES NO WARRANTY THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BANANAGRAMS NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD- PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL BANANAGRAMS, OR OUR SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, SITE PROVIDERS, AND/OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SITES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SITES MADE AVAILABLE THROUGH THIS SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF BANANAGRAMS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, SITE PROVIDERS, AND/OR LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BANANAGRAMS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SITES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Your Conduct Bananagrams wants to encourage an open exchange of information and ideas on the Site. You can expect the Site to include information and opinions from a variety of individuals and organizations other than Bananagrams. Bananagrams neither endorses nor guarantees the accuracy of any of Your Content. Bananagrams may review Your Content from time to time and may take steps to remove inappropriate Your Content that comes to its attention; however, Bananagrams engages in no routine monitoring of Your Content on the Site. You agree to assume full and sole responsibility for any Your Content you post to the Site, and you agree to:

  1. Represent that you are the owner of Your Content, or are making your submission with express consent of the owner, that you have obtained all third party releases and permissions necessary for Bananagrams’s use, in accordance with the license of any Your Content , and nothing you post will infringe on the rights of others;
  2. Neither post nor transmit anything unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or anything that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or anything that infringes on the ability of others to enjoy the Site or is otherwise inappropriate;
  3. Refrain from posting any personal information of your own such as your email address, phone number, address, etc., and refrain from soliciting personal information from any user. However, if you do choose to post any personal information it means that you are making that information public and allowing everyone to use and access that information, and to associate it with you (i.e. your user name and if applicable any profile photo);
  4. Neither post nor transmit through the Site anything that constitutes advertising or solicitation with respect to any product or Site;
  5. Not post anonymously or impersonate any other person;
  6. Use no automated means, including spiders, robots, offline readers, crawlers, data mining tools, or the like to download or store data from the Site. Exception is made for publicly available Internet search engines (e.g., Google, Bing) and non-commercial public archives (e.g., archive.org) that comply with our Terms of Service but not for any archive that hosts, promotes, or links primarily to infringing or unauthorized content; and
  7. Not to alter or modify any part of the Site, make no use that would interfere with or disrupt the Site or servers or networks connected to the Site, make none of Your Content available (whether through upload, post, email, transmit, or otherwise) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, and neither circumvent nor disable any security or data- protection measures implemented by Bananagrams.
  8. Not to translate, reverse engineer, decompile, disassemble, or attempt to discover any source code or underlying ideas or algorithms of the object code of any portion of the Site.
  9. Once registered, each school effectively assigns the consent it receives from parents of children for use of images posted on social media or emailed to Bananagrams by the school. Bananagrams may in its discretion use any photo posted or shared by the school on the Bananagrams website or social media including twitter, Instagram and facebook for promotional purposes.

CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, BANANAGRAMS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

Indemnification You agree to indemnify, defend, and hold harmless Bananagrams; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including attorneys’ fees, resulting from any violation of these Terms. Bananagrams reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Bananagrams.

Intellectual Property Rights and License. All content or other material available through the Site, are the property of Bananagrams and/or its affiliates or licensors and are protected by copyright, patent, trademark, and/or other proprietary intellectual rights under United States and foreign law. In consideration for your agreement to these Terms and Conditions of Use, Bananagrams grants you a personal, non-exclusive, non- transferable license to access and use Content for the educational and entertainment purposes expressed herein. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any Content, nor may you modify or create derivatives works of the Content.

Shopping There is no purchase necessary to register your school’s Bananagrams School Club. There is no purchase necessary to participate in the monthly hashtag challenge. Certain sections of the Bananagrams site may allow you to purchase different types of products online that are provided by third parties. Bananagrams has no responsibility for the quality, accuracy, timeliness, reliability or any other aspect of these products. If you make a purchase from a merchant on the Site, or on a third-party website that you have accessed via a link on the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and Bananagrams. A merchant may have privacy and data collection practices that are different from Bananagrams. Bananagrams has no responsibility or liability for these independent policies. In addition, when you purchase products on or through a third party site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or site. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release Bananagrams and its affiliates from any damages that you incur and agree not to assert any claims against Bananagrams or any of its affiliates, arising from your purchase or use of any products or sites made available by third parties through the Site. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site, for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or Site. You agree to only purchase goods for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Miscellaneous Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with the Site or Bananagrams School Club in general, shall be settled by final and binding arbitration in State of Rhode Island, City of Providence, pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered in the highest court of the forum, state or federal, having jurisdiction. These Terms and Conditions of Use, their validity and effect, shall be interpreted under and governed by the laws of the State of Rhode Island, without regard to its conflict of laws provisions, and you agree that the arbitrators shall award all costs of arbitration, including reasonable attorneys’ fees plus a legal rate of interest, to the successful party. Copyright claims shall be brought in the Federal court having jurisdiction. If you are an agent for or an employee of a non-United States company but operate in a place of business in the U.S. or its territories, you expressly agree that any dispute regarding Bananagrams School Club shall be adjudicated within the U.S. in the manner described here. If Bananagrams is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse Bananagrams for its respective legal fees, costs, and disbursements if Bananagrams is successful. These Terms and any other operating rules or terms currently posted on the Site constitute the entire agreement between Bananagrams and the users of the Site and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of Bananagrams may be construed as a waiver of any part of these Terms. Should any of the above paragraphs be unenforceable, the other paragraphs will remain in full force and effect.

Termination Bananagrams®, Inc., shall be entitled to terminate these Terms in its sole discretion and immediately remove, cancel or suspend access to and use of bananagrams.com/schoolclub for any reason, including if you do not adhere to these Terms, our Privacy Policy or any of the Guidelines for the Bananagrams School Club or for any other reason.

Contacting Us If you have any questions, comments or enquiries regarding your dealings with the Site, you can contact us by: Sending an email to: schoolclub@bananagrams.com or By writing to us at: The BANANAGRAMS School Club Bananagrams, Inc. 845 Allens Ave. Providence, RI 02905 Linking to bananagrams.com/schoolclub Anyone linking to bananagrams.com/schoolclub must not imply or suggest affiliations to BANANAGRAMS that do not exist, and the link may not refer to or portray BANANAGRAMS in a false, misleading, derogatory or otherwise offensive manner. Updates Bananagrams®, Inc., may make alterations to these Terms and Conditions of Use from time to time. These changes shall become effective immediately as soon as they are posted on the Site. It is your responsibility to check these Terms and Conditions periodically for updates. These Terms and Conditions were last updated on June 3, 2019.

©Bananagrams, Inc. 2019 ALL RIGHTS RESERVED

"Bananagrams has changed the way my students think about spelling and words. "

- Tatiana D., Teacher, USA

"This is by far one of the best initiatives I have come across in my years of teaching"

- Laura A., Teacher, UK

"After a week of playing, I saw students improving spelling/phonics skills, problem solving improving, teamwork building, and having FUN!"

- Kim R., Teacher, USA

"This [has] not only helped to build children’s confidence with spelling but also enforced important values such as perseverance, teamwork and sportsmanship."

- Jessica S, Teacher, UK

"...even those students who sometimes struggle with reading were able to participate. "

- Kirby B., Teacher, USA