Blooket Terms of Service
Last updated September 6, 2024
THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) APPLY TO YOUR USE OF THE WEBSITE
BLOOKET.COM, (“BLOOKET”, “WE” “US” OR “OUR”), INCLUDING ANY CONTENT,
FUNCTIONALITY, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH SUCH WEBSITE
(COLLECTIVELY, THE “WEBSITE”), WHETHER AS A GUEST OR ACCOUNT HOLDER. THESE
TERMS ALSO APPLY TO YOUR USE OF OTHER BLOOKET SERVICES THAT DISPLAY OR INCLUDE
THESE TERMS (“ADDITIONAL SERVICES”). IN THESE TERMS, THE WEBSITE AND
ADDITIONAL SERVICES ARE COLLECTIVELY REFERRED TO AS THE “SERVICES.”
BY CLICKING/CHECKING THE “I AGREE” BUTTON/BOX, ACCESSING THE BLOOKET WEBSITE
OR BY UTILIZING THE BLOOKET SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF
SERVICE AND ALL EXHIBITS, ORDER FORMS, AND INCORPORATED POLICIES AS WELL AS
ALL FUTURE MODIFICATIONS TO EITHER THE TERMS OF SERVICE OF PRIVACY POLICY OF
BLOOKET.
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY
USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS
OF SERVICE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE, YOU MUST
NOT USE THE SERVICES. BY ACCEPTING THESE TERMS:
-
You are also agreeing to Blooket's Privacy Policy which explains what
information we collect from you and how we protect it.
-
You and BLOOKET agree to resolve disputes pursuant to the process outlined
below.
THESE TERMS CONTAINS A BINDING CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT
THESE TERMS, YOU AND BLOOKET AGREE TO RESOLVE DISPUTES PURSUANT TO THE
DISPUTE RESOLUTON PROVISIONS BELOW AND GIVE UP THE RIGHT TO GO TO COURT
INDIVIDUALLY AS PART OF A CLASS ACTION.
If you are using the Service on behalf of a school, institution, company or
organization that has a separate express written agreement with Blooket and
the school, institution or company, that agreement shall govern your use of
the Service, and all matters not covered by said agreement will be subject to
our Terms of Service and Privacy Policy. Such Agreements with schools,
institutions, companies or organizations shall only apply to accounts created
and paid for expressly by them and not with Starter or free accounts or
accounts paid for by individual educators, employees or teachers of those
entities. Individuals who are employees of organizations, schools,
institutions or companies which use the Starter or Free accounts or pay for
accounts individually are bound by these Terms of Service agreement solely.
Only individuals who have the express authority to bind a School District,
School, or other entity, may enter into these Terms of Service on behalf of
that entity. Without such express authority, the account will be considered an
individual account.
TO ENTER INTO THE CONTRACT CREATED BY THESE TERMS, YOU MUST BE OF THE LEGAL
AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE UNLESS THE ACCOUNT IS CREATED
THROUGH AN EDUCATIONAL SUBSCRIBER'S USE EXCEPTION DESCRIBED MORE FULLY BELOW.
YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING
OUR WEBSITE, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS TO YOUR
ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY,
UNDERSTAND AND ACCEPT THESE TERMS (INCLUDING ITS DISPUTE RESOLUTION TERMS). IF
YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST
CONSENT TO THESE TERMS. IF AN EDUCATIONAL INSTITUTION OR EDUCATOR CONSENTS ON
YOUR BEHALF IN LOCO PARENTIS, THE EDUCATIONAL INSTITUTION OR EDUCATOR AGREES
THAT IT HAS THE LEGAL AUTHORITY TO DO SO BY EXPRESS AGREEMENT WITH PARENTS OR
STATUTORY AUTHORITY.
EDUCATIONAL INSTITUTIONS AND EDUCATIONAL INSTRUCTORS UTILIZING THE SERVICE,
INCLUDING THE USE OF BLOOKET CLASSES FEATURE AND STUDENT ACCOUNTS CREATED BY
THE BLOOKET CLASSES FEATURE, ARE RESPONSIBLE FOR MONITORING THE RIGHTS AND
INTERESTS OF THEIR STUDENTS AND MUST THEREFORE TAKE SPECIAL CARE IN THE REVIEW
OF THIS AGREEMENT. EDUCATIONAL INSTITUTIONS AND EDUCATIONAL INSTRUCTORS SHALL
BE RESPONSIBLE FOR OBTAINING, WHERE APPLICABLE, PERTINENT CONSENT FROM
PARENTS, LEGAL GUARDIANS OR ELIGIBLE STUDENTS PRIOR TO UTILIZING THE SERVICE.
BLOOKET SHALL NOT BE RESPONSIBLE FOR ANY NEGLIGENCE OF THE EDUCATIONAL
INSTITUTION IN THE REVIEW OF THIS AGREEMENT OR THE OBTAINMENT, WHERE
APPLICABLE, OF THE NECESSARY PARENTAL CONSENT.
If you are entering into this Agreement on behalf of a company, educational
institution or other legal entity, you acknowledge that you have the authority
to bind said entity to these terms and conditions, in which case the terms
“you,” “your” or “Member” shall refer to said entity. If you do not have such
authority, or if you do not agree with these terms and conditions, you must
not accept this Agreement and may not use the Service, and BLOOKET shall not
be responsible for any use you make of the Service without the pertinent
authorization.
Please review our Privacy Policy found at https://www.blooket.com/privacy
which also governs your use of the Services, to understand our practices.
We may update these Terms from time to time; you should check this page
regularly to take notice of any changes. Your continued use of the Services
following the posting of revised Terms means that you accept and agree to the
changes as well any changes to the Privacy Policy.
We may withdraw or amend the Services, and any related service or content, or
restrict access (including by means of cancellation, termination, or
modification, or suspension of a user account) to all or certain users
(including you) without notice and without liability to you in our reasonable
discretion. Additionally, due to your geographic location, the Services or
some of their features, services, or content may be unavailable to you.
Notwithstanding anything to the contrary herein, we may terminate or suspend
access to the Services based on your breach of these Terms.
To access certain Services, you may be asked to create an account or provide
registration details or other information, and in order to use such resources,
all the information you provide must be correct, current, and complete. From
time to time, in order to access the Services or certain games, services, or
functionality, BLOOKET may require some or all users to download updated or
additional software. The terms of use of such software may be subject to
separate agreement between you and BLOOKET. By agreeing to this service, you
agree not to block any access to the various website directories which are
required for functionality of the service including all cloud storage and
hosting services. The services which are required to be enabled are located on
the Blooket website at https://debug.blooket.com/.
If you choose, or are provided with, a user name, password, or any other piece
of information as part of our security procedures, you must treat such
information as confidential (other than user name), and you must not disclose
it to others. You must immediately notify BLOOKET (via
[email protected]) of any unauthorized use of your user name or password or any other breach
of security. You should use particular caution when accessing your account
from a public or shared computer so that others are not able to view or record
your password or other personal information. You may only access the Services
through your own account. Users do not own their accounts, and gifting or
otherwise transferring of accounts or access keys is prohibited.
We reserve the right to change your display name if we deem it offensive,
misleading, potentially infringing the rights of third parties or if you have
been inactive for more than a year.
Use of the Services requires one or more compatible devices, Internet access
(fees may apply), and certain software (fees may apply), and may require
obtaining updates or upgrades from time to time. Because use of the Services
involves hardware, software, and Internet access, your ability to access and
use the Services may be affected by the performance of these factors. High
speed Internet access is recommended. You acknowledge and agree that such
system requirements, which may be changed from time to time, are Your
responsibility.
The Services, including all content, features, and functionality thereof, are
owned by BLOOKET, its licensors, or other providers of such material and are
protected by United States and international copyright, trademark, patent, and
other intellectual property or proprietary rights laws.
You are permitted to use the Services for your personal, non-commercial use
only or legitimate business purposes related to your role as a current or
prospective customer of BLOOKET. Except as provided below, you must not copy,
modify, create derivative works of, publicly display, publicly perform,
republish, or transmit any of the material obtained through the Services, or
delete, or alter any copyright, trademark, or other proprietary rights notices
from copies of materials from the Services. However, if you are otherwise in
compliance with these Terms, you are permitted to use, elsewhere and on other
websites, an unaltered copy of portions of the content that is publicly
available on the Website for the limited, non-commercial purpose of discussing
such content.
The Service and the BLOOKET Technology are intended solely for the personal,
non-commercial use of our users and may only be used in accordance with this
Agreement. “BLOOKET Technology” means all past, present and future content of
the Service, including, all the software, hardware and technology used to
provide the Service (including BLOOKET proprietary code and third-party
software), user interfaces, materials displayed or performed on the Service,
such as text, graphics, articles, photographs, images, illustrations and the
design, structure, sequence and “look and feel” of the Services, and all other
intellectual property, including all BLOOKET Marks. “BLOOKET Marks” are the
trademarks, service marks, logos, or any other trade name, trademarks, service
marks and other distinctive or proprietary brand features of BLOOKET. BLOOKET
Technology is protected by copyright and other intellectual property laws. You
are not allowed to use, store, copy, reproduce, modify, translate, publish,
broadcast, transmit, distribute, perform, upload, create derivative works
from, display, license, sell or otherwise exploit the BLOOKET Technology for
any purposes other than as expressly permitted under this Agreement.
You agree that You will not use, and will not permit any End User to use, the
Services to: (i) modify, disassemble, decompile, prepare derivative works of,
reverse engineer or otherwise attempt to gain access to the source code of the
Services; (ii) knowingly or negligently use the Services in a way that abuses,
interferes with, or disrupts BLOOKET's networks, Your accounts, or the
Services; (iii) engage in activity that is illegal, fraudulent, false, or
misleading, (iv) transmit through the Services any material that may infringe
the intellectual property or other rights of third parties; (v) build or
benchmark a competitive product or service, or copy any features, functions or
graphics of the Services; or (vi) use the Services to communicate any message
or material that is harassing, libelous, threatening, obscene, indecent, would
violate the intellectual property rights of any party or is otherwise
unlawful, that would give rise to civil liability, or that constitutes or
encourages conduct that could constitute a criminal offense, under any
applicable law or regulation; (vii) upload or transmit any software, Content
or code that does or is intended to harm, disable, destroy or adversely affect
performance of the Services in any way or which does or is intended to harm or
extract information or data from other hardware, software or networks of
BLOOKET or other users of Services; (viii) engage in any activity or use the
Services in any manner that could damage, disable, overburden, impair or
otherwise interfere with or disrupt the Services, or any servers or networks
connected to the Services or BLOOKET’s security systems. (ix) use the Services
in violation of any BLOOKET policy or in a manner that violates applicable
law, including but not limited to anti-spam, export control, privacy, and
anti-terrorism laws and regulations and laws requiring the consent of subjects
of audio and video recordings, and You agree that You are solely responsible
for compliance with all such laws and regulations.
You may not reproduce, resell, or distribute the Services or any reports or
data generated by the Services for any purpose unless You have been
specifically permitted to do so under a separate agreement with BLOOKET. You
may not offer or enable any third parties to use the Services purchased by
You, display on any website or otherwise publish the Services or any Content
obtained from a Service (other than Content created by You) or otherwise
generate income from the Services or use the Services for the development,
production or marketing of a service or product substantially similar to the
Services.
You are responsible for the activities of all End Users who access or use the
Services through your account and you agree to ensure that any such End User
will comply with the terms of this Agreement and any BLOOKET policies. BLOOKET
assumes no responsibility or liability for violations. If You become aware of
any violation of this Agreement in connection with use of the Services by any
person, please contact BLOOKET at
[email protected]. BLOOKET may
investigate any complaints and violations that come to its attention and may
take any (or no) action that it believes is appropriate, including, but not
limited to issuing warnings, removing the content or terminating accounts
and/or User profiles. Under no circumstances will BLOOKET be liable in any way
for any data or other content viewed while using the Services, including, but
not limited to, any errors or omissions in any such data or content, or any
loss or damage of any kind incurred as a result of the use of, access to, or
denial of access to any data or content.
For clarity, the foregoing permissions are limited to the Services, and no
rights are granted with respect to any servers, computers, or databases
associated with the Services.
The above license (i) will terminate when you delete any User Submissions with
intellectual property rights (“IP content”), like photos, you or your
institution deletes an Education Record, you delete any personal information,
or you delete your account, unless your content has been shared with others
and they have not deleted it, you have made Question Sets public or your
content is part of an Education Record still under the control of your
institution (e.g., co-teaching). If you would like to delete your account,
please see the Settings on your BLOOKET Dashboard which allows you to delete
your account in the Edit Info section.
Blooket will not heed any deletion requests of "teacher accounts" or "teacher
content" made by the educational institution, company or organization, as this
should be handled by the educational institution, company or organization
itself in accordance with its internal regulations or teacher employment
agreements.
Additionally, when you delete IP content, Education Records, or personal
information, it is deleted in a manner similar to emptying the recycle or
trash bin on a computer. However, you understand that any removed User
Submission may persist in backup copies for a reasonable period of time. Note
that the information contained in Blooket's security backups or copies will
not be available or accessible to others.
Your account belongs to you, regardless of the email address you used when
signing up for the Services. However, please keep in mind that if your
educational institution, organization or company disables your email address
and you're not able to log in, we won't be able to recover your account.
Additionally, if you utilize the Service through a Plus license acquired by
another party for you to use (e.g., bought by your school for teaching
purposes), the party paying for such feature has the right to control access
to and get reports on your use of such paid feature; however, they do not have
rights to your personal account.
If you are a student accessing the Service at the invitation of a teacher or
other school official, the following terms apply to you:
Only students who have been invited by their teacher, school, or district may
use the Service unless they are of an age in their country which allows the
student to create an account. The age is detailed in our Privacy Policy for
many of the countries whose citizens utilize the website. You may not access
or use the Service unless you are invited by a teacher, school, or district
who is authorized to give you access to the Service.
We request minimal personal information to be provided from students to enable
use of the Service: first name, last name, username, email and password. If
you are a student, please do not provide any personal information about
yourself to us, other than what we request from you when you sign up for the
Service.
Without prejudice to the aforementioned, when using the Game Code created by
Blooket and initiated by an Account Holder, students can access and use the
BLOOKET service without the need to create an account. In this modality,
students may have to provide a username and only responses will be collected
and processed by the service.
In the United States, The Children's Online Privacy Protection Act (“COPPA”)
prohibits online service providers from knowingly collecting personally
identifiable information from children under 13 years of age without
verifiable parental consent or notice as applicable (“Consent”). BLOOKET only
collects, uses, shares, and retains personal student information for purposes
for which we were authorized by the educational institution/agency and
teacher.
If you are a teacher, aide, trainer or other similar personnel accessing the
Service on behalf of an educational institution, company or organization (the
"Institution"), the following terms apply to you:
You understand and acknowledge that COPPA prohibits online service providers
from knowingly collecting personally identifiable information from children
under 13 years of age without Consent, and you understand that we only
collect, use, share and retain student personal information for purposes for
which we were authorized by the educational institution/agency or teacher.
You acknowledge and agree that you have School Consent to allow children under
13 to use the Service and that you and/or the Institution will be solely
responsible (and hereby agree that BLOOKET is not responsible) for compliance
with COPPA or any other applicable laws. This includes limiting access to the
Service to those student users from whom School Personnel has received valid
Consent forms and complying with all parental requests regarding the
collection, use and disclosure of such child's information. School Personnel
or the educational institution are responsible for providing parental consent
forms to the parents of potential student users, for confirming receipt of
valid consent forms for each child before granting the student access to the
Service, and for retaining such consent forms on file. If a user's parent does
not consent or rescind such School Consent, School Personnel or the
educational institution shall immediately notify BLOOKET to discontinue that
student's access to the Service and ensure that such student's information is
no longer accessible through the Services.
You agree that you are acting on behalf of (or have permission from) your
Institution to enter into this Agreement and to use the Service as part of
your curriculum.
You agree that you are responsible for maintaining and monitoring the accuracy
of the list of students for each of your classes. By way of example, you will
only retain students in your classroom as long as it is reasonably needed for
their educational development, which shall not exceed more than one school
year.
You acknowledge and agree that, in order to guarantee the privacy and security
of your students' data and provide them with the best possible experience
through the BLOOKET website, only personnel who are current employees of the
institution may use the service on the institution's behalf. Upon termination
of a teacher, aide, trainer, or other staff member's employment with the
institution, such individual must return and cease using all login details and
student access he or she has in his or her possession. Blooket shall not be
responsible for the misuse of the service by institution personnel and shall
not be held accountable for teachers, aides, trainers, or other staff members
of the institution not returning student education records, and/or not
returning and ceasing to use all login details and student access they have in
their possession, upon termination of their employment agreement with the
institution.
Any disputes arising between the teachers participating in the co-teaching
class shall be resolved either among themselves, or with the intervention of
the educational institution, company or organization. Blooket will not
intervene in such conflicts and shall not be held liable for any misconduct of
the teachers participating in the co-teaching class.
When setting up a co-teaching class within the service, you and the other
participating co-teacher(s) agree to be equally and exclusively responsible
and accountable for the class and its management.
Certain information that may be provided to BLOOKET by School Personnel that
is directly related to a student and maintained by an educational institution,
may be considered an education record (“Education Record”) under the Family
Educational Rights and Privacy Act (“FERPA”). Additionally, certain
information, provided to BLOOKET by School Personnel about a student, such as
student name and grade level, may be considered directory information under
FERPA (“Directory Information”) and thus not an Education Record. A school may
not generally disclose personally identifiable information from an eligible
student's education records to a third party without written consent of the
parent and/or eligible student or without meeting one of the exemptions set
forth in FERPA (“FERPA Exemption(s)”), including the exemption for Directory
Information (“Directory Information Exemption”) or disclosure to school
officials with a legitimate educational interest (“School Official
Exemption”).
As School Personnel or the Institution providing Directory Information or any
Education Record to BLOOKET, you acknowledge, affirm and pledge to BLOOKET, as
applicable, that your Institution has:
-
Complied with the Directory Information Exemption, including, without
limitation, informing parents and eligible students what information the
Institution deems to be directory information and allow parents and eligible
students a reasonable amount of time to request that schools do not disclose
directory information about them; and/or,
-
Complied with the School Official Exemption, including, without limitation,
informing parents in their annual notification of FERPA rights that the
Institution defines “school official” to include service providers and
defines “legitimate educational interest” to include services such as the
type provided by BLOOKET; or,
-
Obtained all necessary parental or eligible student written consent to share
the Directory Information and Education Records with the BLOOKET, in each
case, solely to enable the BLOOKET's operation of the Service.
BLOOKET will never share Education Records with third parties except (i) as
directed by an BLOOKET user (i.e., teacher sharing with another teacher or
parent); or (ii) to our service providers that are necessary for us to provide
the Service, as stated in our Privacy Policy. Education Records are never used
or disclosed for third-party advertising or any kind of first- or third-party
behaviorally-targeted advertising to students or parents. Additionally,
information collected directly from a student using BLOOKET is never used or
disclosed for third-party advertising, or any kind of first- or third-party
behaviorally-targeted advertising, and personal information collected from a
student is never sold or rented to anyone. This section shall not be construed
(i) to prohibit BLOOKET from marketing or advertising directly to parents so
long as the marketing or advertising did not result from the use of Education
Records to provide behaviorally-targeted advertising or (ii) to limit the
ability of BLOOKET to use student information or Education Records for
adaptive learning or customized student learning purposes.
BLOOKET may use Education Records that have been de-identified for product
development, research or other purposes (“De-Identified Data”). De-Identified
Data will have all direct and indirect personal identifiers removed. BLOOKET
agrees not to attempt to re-identify the De-Identified Data and not to
transfer the De-Identified Data to a third party unless that party agrees not
to attempt re-identification.
The EU General Data Protection Regulation (GDPR) and UK GDPR determines that
the processing of personal data of a child residing in the European Union and
United Kingdom shall be lawful where the child is at least sixteen (16) years
old, unless Member States have provided, by law, a lower age that is not below
thirteen (13) years.
As a teacher, you acknowledge, affirm and pledge to BLOOKET that you or your
Institution has obtained all necessary parental or eligible student written
consent to share the personal data of your students with BLOOKET, in each
case, solely to enable BLOOKET's operation of the Service.
If you have any issues with BLOOKET's principles set out in these terms, we
will respond to your complaints within thirty (30) days.
If your complaint cannot be resolved through our internal processes, we will
direct you to the state or national data protection authority in the
jurisdiction where you reside.
If you are in the European Union, you may address privacy-related inquiries to
our EU representative pursuant to Article 27 GDPR:
EU: EU-REP.Global GmbH, Attn: Blooket LLC, Hopfenstr. 1d, 24114 Kiel, Germany:
[email protected]
If you are in the United Kingdom, you may address privacy-related inquiries to
our UK representative pursuant to Article 27 GDPR:
UK: DP Data Protection Services UK Ltd., Attn: Blooket LLC, 16 Great Queen
Street, Covent Garden, London, WC2B 5AH, United Kingdom:
[email protected]
ALL CHARGES INCURRED IN CONNECTION WITH THE SERVICES AND ALL FUNDS FOR BLOOKET
SUBSCRIPTIONS ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN
PART, REGARDLESS OF THE PAYMENT METHOD, EXCEPT AS EXPRESSLY SET FORTH IN THESE
TERMS OR AS REQUIRED BY APPLICABLE LAW. AT BLOOKET'S SOLE DISCRETION, BLOOKET
MAY REFUND THE PORTION OF A YEARLY SUBSCRIPTION TO AN INDIVIDUAL IF THEIR
EDUCATIONAL INSTITUTION PURCHASES A PLAN FOR THEIR USE. THE AMOUNT OF THE
REFUND SHALL BE CALCULATED BY MULTIPLYING THE AMOUNT OF MONTHS THE TEACHERS
USED THE PLAN BY THE MONTHLY FEE FOR USE CALCULATED AT THE MONTHLY AND NOT
YEARLY RATE. THAT AMOUNT SHALL BE DEDUCTED FROM THE YEARLY FEE PAID BY THE
TEACHER.
BLOOKET offers both free and paid subscription plans for services offered as
Blooket Plus accounts. Blooket Plus Subscription Plans also include Group
Plans. Those plans are available in accordance with the following:
BLOOKET Services that may be accessed subject to payment are currently
referred to as “Blooket Plus Subscriptions”. You agree to abide by the terms
and restrictions applicable to the Service Plan that you have signed up for.
We reserve the right to change or withdraw features, specifications, services
and content of a Service Plan at any time, without notice to you. Please note
that the content and features of a Service Plan may vary based on when you
signed up and whether you have signed up through our website. We reserve the
right to terminate your account for any reason acceptable to BLOOKET.
We will not store or collect your payment card details. That information is
provided directly to our third-party payment processors whose use of your
personal information is governed by their Privacy Policy. These payment
processors adhere to the standards set by PCI-DSS as managed by the PCI
Security Standards Council, which is a joint effort of brands like Visa,
MasterCard, American Express and Discover. PCI-DSS requirements help ensure
the secure handling of payment information.
The payment processors we work with are:
Their Privacy Policy can be viewed at
https://stripe.com/us/privacy
BLOOKET Starter Services is provided to you free-of-charge, for as long as you
use the Services for non-commercial purposes only, in accordance with the
limitations of use set out in these Terms. The Service Plan that does not
require payment is currently referred to as the “BLOOKET Starter”. YOU MAY NOT
USE BLOOKET STARTER FOR COMMERCIAL PURPOSES. HENCE, IF YOU INTEND TO USE
BLOOKET SERVICES FOR PROFESSIONAL PURPOSES, INCLUDING BUT NOT LIMITED TO IN
CONJUNCTION WITH OR AS PART OF A PAID SERVICE OR PRODUCT, FOR THE PURPOSE OF
MARKETING YOUR OWN OR SOMEONE ELSE'S PRODUCTS OR SERVICES OR OTHERWISE IN
CONJUNCTION WITH A COMMERCIAL EVENT SUCH AS A CONCERT, GAME SHOW OR
BROADCASTED EVENT, YOU MUST SIGN UP FOR A PAID SUBSCRIPTION OR ENTER INTO A
SEPARATE AGREEMENT WITH BLOOKET.
BLOOKET PLUS is a paid version of our services. BLOOKET may offer additional
subscription offers which are subject to these same terms and conditions.
BLOOKET offers various Service Plans for use of the BLOOKET Services at home,
in schools, businesses and non-profit organizations. Some Service Plans
require payment before you can access them and certain areas of use are only
permitted if you have signed up for a Paid Subscription or entered into a
separate agreement with BLOOKET. If you have signed up for Paid Subscriptions,
you may get access to features that are not available through BLOOKET Starter
and you may use the Services for commercial purposes, only if and to the
extent such commercial use is permitted under the selected Service Plan.
If you have received a code or other offer provided or sold by or on behalf of
BLOOKET for access to a Paid Subscription (“Code”), separate terms and
conditions presented to you along with the Code may also apply to your access
to the Service and you agree to comply with any such terms and conditions.
We may, at our own sole discretion, offer trials of Paid Subscriptions for a
specified period without payment or at a discounted rate (a “Trial”). We
reserve the right to revoke the Trial and put your account on hold in the
event that we determine that you are not eligible.
For some Trials, we'll require you to provide your payment details to start
the Trial. We will charge you on a recurring basis for the selected
subscription fee at the end of the Trial using the payment details you have
provided us, unless you cancel your subscription prior to the end of the
Trial.
You have provided your payment details in conjunction with the Trial and you
accept that we charge you using such payment details. If you do not want this
charge, you must cancel your Paid Subscriptions through your BLOOKET account's
settings or terminate your BLOOKET account before the end of the Trial. If you
do not want to continue to be charged on a recurring monthly or annual basis
(as the case may be, depending on your Service Plan), you must cancel the
applicable paid subscription through your BLOOKET account's subscription page
or terminate your BLOOKET account before the end of the recurring monthly
period. Paid Subscriptions cannot be terminated before the end of the period
for which you have already paid, and except as expressly provided in these
terms, BLOOKET will not refund any fees that you have already paid.
If you have signed up for BLOOKET Starter or if you cancel your Paid
Subscription during a Trial Subscription period, BLOOKET will never charge you
any fees for your use of the BLOOKET Service.
If you have signed up for a Paid Subscription for a monthly subscription fee,
you will be charged for one month's subscription fee. The Paid Subscription
and the payment to BLOOKET will automatically renew at the end of the monthly
subscription period, unless you cancel your Paid Subscription through your
subscription page before the end of the current monthly subscription period.
The monthly subscription period commences on the day of the month that you
purchase the subscription and renews on the same day of the month the
following month.
If you have signed up for a Paid Subscription which gives you access to the
BLOOKET Service for a specific time period (“Pre-Paid Period”), you will be
charged for the Pre-Paid Period in advance upon expiration of any Trial. The
Paid Subscription and the payment to BLOOKET will automatically renew at the
end of the Pre-paid Period unless you cancel your Paid Subscription through
your subscription page before the end of the Pre-paid Period.
If you cancel your Paid Subscription, the cancellation will take effect on the
day after the last day of the current subscription period, after which you
will be downgraded to BLOOKET Starter. We will not refund any subscription
fees already paid to us.
BLOOKET may change the price for the Paid Subscriptions from time to time, and
will communicate any price changes to you in advance and, if applicable, how
to accept those changes. Price changes for Paid Subscriptions will take effect
at the start of the next subscription period following the date of the price
change. As permitted by local law, you accept the new price by continuing to
use the BLOOKET Service after the price change takes effect. If you do not
agree with the price changes, you have the right to reject the change by
unsubscribing from the Paid Subscription prior to the price change going into
effect, in which case you will be downgraded to BLOOKET Starter.
We do not provide any refunds if the price for a Paid Subscription drops, or
if we offer subsequent promotional pricing or change the content or features
of a Service Plan. Paid Subscriptions purchased through other platforms are
subject to the refund policies of those platforms. BLOOKET cannot be held
responsible for these platforms' policies.
You may at any time upgrade or downgrade your Paid Subscription to a different
Service Plan:
-
If you have downgraded your monthly Paid Subscription to a lower Service
Plan, such downgrade will take effect on the day after the last day of the
current subscription period.
-
If you have upgraded your monthly Paid Subscription to a higher Service
Plan, such upgrade will take effect immediately subject to payment of the
upgrade fee.
-
If you have downgraded your Paid Subscription to a lower Service Plan during
the Pre-paid Period, such downgrade will take effect on the date of renewal
(i.e. the day after the last day of the Pre-paid Period).
-
If you have upgraded your Paid Subscription to a higher Service Plan during
the Pre-paid Period, such upgrade will take effect immediately subject to
payment of the upgrade fee and you will automatically enter into a new
Pre-paid Period with the same duration as the preceding Pre-paid Period.
Prices listed may not include sales or value added tax and applicable tax may
be calculated and added at the time you complete a transaction and, depending
on where you have purchased your Paid Subscription, such tax may not be
visible to you until you receive a receipt for your purchase. In certain
jurisdictions, local laws require that prices include all applicable taxes, in
which case this will be indicated at the time of the transaction. In the event
that you are claiming an exemption from sales tax, you must supply BLOOKET
with exemption certificates in order to benefit from any exemption. Failure to
supply an exemption certificate will result in the possibility of the charge
for sales or value added taxes.
You may use the Services only for lawful purposes and in accordance with these
Terms of Service. You agree not to access or use the Services for any purpose
that is illegal or beyond the scope of the Services' intended use (in
BLOOKET's sole judgment).
You agree that you will not, in whole or in part or under any circumstances,
do the following:
-
Derivative Works: Copy or reproduce, translate, reverse engineer, derive
source code from, modify, disassemble, decompile, or create derivative works
based on or related to the Platform.
-
Cheating: Create, use, offer, promote, advertise, make available and/or
distribute the following or assist therein:
-
cheats; i.e. methods not expressly authorized by Blooket (whether
accomplished using hardware, software, a combination thereof, or
otherwise), influencing and/or facilitating gameplay, including exploits
of any in-game bugs, and thereby granting you and/or any other user an
advantage over other players not using such methods;
-
bots; i.e. any code and/or software, not expressly authorized by
Blooket, that allows the automated control of a Game, or any other
feature of the Platform, e.g. the automated control of a character in a
Game;
-
hacks; i.e. accessing or modifying the software of the Platform in any
manner not expressly authorized by Blooket;
-
and/or any code and/or software, not expressly authorized by Blooket,
that can be used in connection with the Platform and/or any component or
feature thereof which changes and/or facilitates the gameplay or other
functionality;
The Services contain various forums, networks, and other interactive features
that allow you to post, submit, publish, display, or transmit to BLOOKET and
other users (“Post”) content or materials (“User Contributions”) on or through
the Services.
All User Contributions must comply with the following content standards: User
Contributions must not be illegal, fraudulent, deceptive, obscene,
threatening, defamatory, invasive of privacy, infringing of intellectual
property rights, or otherwise injurious to third parties or objectionable, and
must not consist of or contain software viruses, commercial solicitation,
chain letters, mass mailings, or any form of “spam.”
Any User Contribution that you Post will be considered non-confidential and
non-proprietary, and you grant BLOOKET a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
and display such User Contribution throughout the world in any media; however,
BLOOKET will only share personal information that you provide in accordance
with BLOOKET's Privacy Policy.
BLOOKET allows users to create or import Question Sets. If the user selects
the public option, BLOOKET will obtain a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
and display such Question Sets.
You represent and warrant that you own or otherwise control all of the rights
to the User Contributions that you Post at the time of Posting; that the User
Contributions are accurate and not fraudulent or deceptive; and that the User
Contributions do not violate these Terms or the rights (intellectual property
rights or otherwise) of any third party, and will not cause injury to any
person or entity. You understand that your User Contributions may be copied by
other Services users and discussed on and outside of the Services, and if you
do not have the right to submit User Contributions for such use, it may
subject you to liability. BLOOKET takes no responsibility and assumes no
liability for any content posted by you or any third party.
BLOOKET has the right but not the obligation to monitor and edit or remove any
User Contributions. BLOOKET also has the right to terminate your access to all
or part of the Services for any or no reason, including without limitation,
any violation of these Terms. BLOOKET may exercise these rights at any time,
without notice or liability to you or any third party.
You may link to publicly available portions of the Services if you do so in a
way that is fair and does not damage or take advantage of our reputation, but
you must not establish a link in such a way as to suggest any form of
association, approval, or endorsement on our part. The Services must not be
framed on any other website or service. We reserve the right to withdraw
linking permission without notice.
If the Services contain links to other sites and resources provided by third
parties, these links are provided for your convenience only. We have no
control over the contents of those sites or resources, and accept no
responsibility for them or for any loss or damage that may arise from your use
of them.
Nothing in these Terms will prejudice the statutory rights that you may have
as a consumer of the Services. Some countries, states, provinces or other
jurisdictions do not allow the exclusion of certain warranties or the
limitation of liability as stated in this section, so the below terms may not
fully apply to you. Instead, in such jurisdictions, the exclusions and
limitations below shall apply only to the extent permitted by the laws of such
jurisdictions.
The Services and all information, content, materials, products (including
software), and other services included on or otherwise made available to you
through the Services are provided by BLOOKET on an “as is” and “as available”
basis. BLOOKET makes no representations or warranties of any kind, express or
implied, as to the operation of the Services, or the information, content,
materials, products (including software), or other services included on or
otherwise made available to you through the Services. You expressly agree that
your use of the Services is at your sole risk. To the full extent permissible
by law, BLOOKET disclaims all warranties, express or implied, including, but
not limited to, implied warranties of merchantability and fitness for a
particular purpose. BLOOKET does not warrant that the Services, information,
content, materials, products (including software) or other services included
on or otherwise made available to you through the Services, BLOOKET's servers,
or electronic communications sent from BLOOKET are free of viruses or other
harmful components.
To the full extent permissible by law, BLOOKET will not be liable for any loss
of profits or any indirect, incidental, punitive, special or consequential
damages arising out of or in connection with this these Terms. Further, to the
full extent permissible by law, BLOOKET's aggregate liability arising out of
or in connection with these Terms will not exceed the total amounts you have
paid (if any) to BLOOKET under this Agreement during the twelve (12) months
immediately preceding the events giving rise to such liability. These
limitations and exclusions regarding damages apply even if any remedy fails to
provide adequate compensation.
This section only applies to the extent permitted by applicable law. If you
are prohibited by law from entering into the indemnification obligation below,
then you assume, to the extent permitted by law, all liability for all claims,
demands, actions, losses, liabilities, and expenses (including attorneys'
fees, costs and expert witnesses' fees) that are the stated subject matter of
the indemnification obligation below.
You agree to defend, indemnify, and hold harmless BLOOKET, its affiliates, and
licensors, and their respective officers, directors, employees, contractors,
agents, licensors, and suppliers from and against any claims, liabilities,
damages, judgments, awards, losses, costs, expenses, or fees (including
reasonable attorneys' fees) resulting from your User Contributions or
violation of these Terms.
Any dispute or claim by you arising out of or related to these Terms shall be
governed by Delaware law, exclusive of its choice of law rules. You and
BLOOKET agree to submit to the exclusive jurisdiction of the Superior Court of
Delaware, in and for New Castle County, Delaware, or, if federal court
jurisdiction exists, the United States District Court for the District of
Delaware. You and BLOOKET agree to waive any jurisdictional, venue, or
inconvenient forum objections to such courts (without affecting either party's
rights to remove a case to federal court if permissible), as well as any right
to a jury trial. The Convention on Contracts for the International Sale of
Goods will not apply. Any law or regulation which provides that the language
of a contract shall be construed against the drafter will not apply to these
Terms. This paragraph will be interpreted as broadly as applicable law
permits.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR
RIGHT TO FILE A LAWSUIT IN COURT.
Most issues can be resolved quickly and amicably by contacting BLOOKET
customer support at
[email protected]. But we understand that sometimes
disputes can't be easily resolved by customer support. This Section explains
how you and BLOOKET agree to resolve those disputes.
If you have an issue related to these Terms, BLOOKET's dispute-resolution
terms below apply.
If you have an issue that our customer support can't resolve, prior to
starting arbitration you and BLOOKET agree to attempt to resolve the dispute
informally to help get us to a resolution and control costs for both parties.
You and BLOOKET agree to make a good-faith effort to negotiate any dispute
between us for at least 30 days (“Informal Resolution”). Those informal
negotiations will start on the day you or BLOOKET receive a written Notice of
a Dispute in accordance with these Terms.
You will send your Notice of Dispute to The Law Office of Gregory D. Stewart,
P.A., Attn: Gregory D. Stewart, Esq., 409 South Ridge Avenue, Middletown, DE
19709. Include your name, any relevant account name you use, address, how to
contact you, what the problem is, and what you want BLOOKET to do. If BLOOKET
has a dispute with you, BLOOKET will send our Notice of Dispute to your
registered email address and any billing address you have provided us.
If you reside in the European Union (“EU”), you may also be entitled to submit
your complaint to the European Commission’s
Online Dispute Resolution (ODR) Platform.
ODR allows EU consumers to resolve disputes related to the online purchases of
goods and services without going to court.
If the dispute isn't resolved within by Informal Resolution or small-claims
court (below), you or BLOOKET may start an arbitration in accordance with
these Terms.
To the maximum extent permitted by applicable law, you and BLOOKET agree to
only bring Disputes in an individual capacity and shall not: seek to bring,
join, or participate in any class or representative action, collective or
class-wide arbitration, or any other action where another individual or entity
acts in a representative capacity (e.g., private attorney general actions); or
consolidate or combine individual proceedings or permit an arbitrator to do so
without the express consent of all parties to these Terms and all other
actions or arbitrations.
If all or any provision of these Terms of Service is found invalid,
unenforceable, or illegal, then you and BLOOKET agree that the provision will
be severed and the rest of these Terms shall remain in effect and be construed
as if any severed provision had not been included. The sole exception is that
if the Class Action Waiver is found invalid, unenforceable, or illegal, you
and BLOOKET agree that it will not be severable; any dispute will be resolved
in court subject to the venue and choice of clauses specified in these Terms.
To the fullest extent permitted by law, the controlling language for these
Terms is English. It is the express wish of the parties that these Terms and
all related documents have been drawn up in English. Les parties déclarent
qu'elles ont demandé et par les présentes confirment leur desir exprés que
cette convention soit rédigee en anglais. Any translation has been provided
for your convenience.
No waiver of these Terms by BLOOKET shall be deemed a further or continuing
waiver of such term or condition or any other term or condition, and any
failure of BLOOKET to assert a right or provision under these Terms shall not
constitute a waiver of such right or provision.
If any provision of these Terms is held by a court of competent jurisdiction
to be invalid, illegal, or unenforceable for any reason, such provision shall
be eliminated or limited to the minimum extent such that the remaining
provisions of these Terms will continue in full force and effect.
If the class action waiver is found to be illegal or unenforceable as to all
or some parts of a dispute, then those parts will not be arbitrated but will
be resolved in court, with the balance resolved through arbitration.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other
applicable law, BLOOKET has adopted a policy of terminating, in appropriate
circumstances as determined by BLOOKET, users or account holders who are
deemed to be repeat infringers of the copyrights of others. BLOOKET may also
at its sole discretion limit access to the Services and/or update, transfer,
suspend, or terminate the accounts of any users who infringe the intellectual
property rights of others, whether or not there is any repeat infringement.
If you believe that your work has been used on the Website or in any other
Services in a way that constitutes copyright infringement, please submit a
Notice of Alleged Infringement (“DMCA Notice”) to our Designated Copyright
Agent as follows:
Law Office of Gregory D. Stewart, P.A.
Attn: Gregory D. Stewart, Esq.
409 South Ridge Avenue
Middletown, DE 19709
Email:
[email protected]
Please include all of the following in your DMCA Notice:
-
Identify the copyrighted work that you claim has been infringed. If your
DMCA Notice covers multiple works, you may provide a representative list of
such works.
-
Identify the material that you claim is infringing, including a description
of where the material is located. Your description must be reasonably
sufficient to enable us to locate the material. Where possible, please
include the URL of the webpage where the material is located.
-
Provide your full legal name, mailing address, telephone number, and (if
available) e-mail address.
- Include the following statement in the body of the DMCA Notice:
-
I have a good-faith belief that the use of the material is not authorized by
the copyright owner, its agent, or the law. I represent that the information
in this DMCA Notice is accurate and, under penalty of perjury, that I am the
owner of the copyright or authorized to act on the copyright owner's behalf.
- Provide your electronic or physical signature.
-
Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that
material or activity is infringing, you may be liable for damages, including
costs and attorneys' fees, incurred by us or our users. If you are unsure
whether the material or activity you are reporting is infringing, you may
wish to contact an attorney before filing a notification with us.
For general questions, contact us at
[email protected].