Miss Humblebee's Academy

Website Terms of Use

The effective date of this Terms of Use Agreement (the "Terms of Use") is January 15, 2013. 

 A.             Your Acceptance of These Terms of Use

Please take a few minutes to review, understand and accept the Terms of Use before using www.misshumblebee.com (the "Site").  By using the Site, you agree to these Terms of Use.  If you do not agree to these Terms of Use, please do not use the Site.

 B.              Your Acceptance of Our Privacy Policy

By agreeing to these Terms of Use, you agree to the terms of our Privacy Statements before using this Site, please carefully review our Privacy Statements.

 C.              Your Consent to Other Agreements

When you sign up to use a special feature of this Site, you may be asked to expressly consent to special terms, for example, by checking a box or clicking on a button marked, “I agree.”  This separate agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by such separate agreement.

D.               Membership and Billing

Account Types. The Site currently offers "Family Accounts," "Gift Memberships," and "Classroom Accounts" (collectively, "Accounts"):

Family Accounts. A Family Account has a maximum of four members, which includes the Parent, their child(ren) and other extended family members and friends designated by the Parent. Each of these four members has their own login, and their Site progress, messaging, music, and artwork is separately tracked and saved. Only the Parent may add their child to a Family Account, after an Adult other than a Parent purchases a Family Account (e.g., a gift account).

Gift Membership. Gift Memberships are pre-paid accounts with the Site and are non-refundable and non-transferable. In these Terms, the person who purchases a Gift Membership is the “Purchaser” and the person who receives a Gift Membership is a “Recipient.” At the time of purchase the Purchaser must provide a valid email address for the Recipient and the date the Recipient’s Gift Membership is to be activated, provided that the activation date may not be more than 30 days after the date on which the Gift Membership is purchased. Company will send an email notification to Recipient on the day the Gift Membership is activated. Purchaser may elect to receive a copy of the Gift Membership notification. Company is not responsible for errors or delays as a result of the email address(es) provided by Purchaser. The Gift Membership period will begin on the earlier of the date the Recipient first logs in to the Gift Membership account or the date the Gift Membership notification is sent to Recipient. Discounts may be available for the purchase of multiple Gift Memberships and all discounts or promo codes, if any, are applied at the time of payment. Gift Memberships are not redeemable or refundable for cash, subject to applicable law.

Classroom Accounts. Miss Humblebee's Academy, LLC. also offers Classroom Accounts to schools in the US. Just like with a Family Account, each student's progress, music, and artwork is tracked and saved. Free Classroom Accounts is the sole discretion of Miss Humblebee's Academy, LLC. and MHA reserves the right to cancel any or all Classroom Accounts at any time, for any reason. MHA reserves the right to change the terms, fees and/ or conditions of free Classroom Accounts at any time. 

Additionally, following Parental consent Classroom Accounts can be linked to a student's Family Account. A Family Account allows the child to complete their teacher's Site assignments outside the classroom and only parents with a Family Account will have the opportunity to view their own child's progress on the Site (but not the progress of other children).

Classroom Accounts can only be established and managed by a teacher.

E.              Passwords and Account Access

You are responsible for maintaining the confidentiality of your password and Account information. You agree that: (a) you will provide accurate registration information about yourself and any individual you authorize to access your Account and keep your Account information up-to-date; and (b) each Account administrator is solely responsible for all activities that occur under his/her Account. You agree to notify us immediately of any unauthorized Account use. We are in no way responsible for any loss that you may incur as a result of any unauthorized use of your Account and password. You will not sell, transfer, or assign your Account or any Account rights.

F.              Account Fees 

For certain types of Accounts, we may charge a fee, such as a membership fee or subscription fee. We may change any fee or charge at any time in our discretion. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. We may offer promotional trial subscriptions to access the Site for free or at special discounted prices. If you sign up for a trial use, your rights to use the Site are limited by the terms of such trial and will terminate or renew on the terms of your trial arrangement and/or any applicable Additional Terms. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.

  • Authorization to Charge for Services. You must have a credit card to activate and maintain a paid Account. You authorize us to charge you through the payment mechanism that you use when registering for an Account. You will also be responsible for charges for any products or services that you order that are offered for sale through the Site. If we do not receive payment from your credit card issuer, or other payment mechanism that you use, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider. Should the credit card or other payment mechanism provided initially be declined for insufficient funds or for any other reason, we reserve the right to charge the credit card or other payment mechanism in installments, at the non-promotional/non-discounted rate in effect at that time, for the duration of the Account subscription you have selected. You will be solely responsible for all overdraft fees and/or penalties that may be assessed by your payment provider.
  • Subscription Renewal. For paid Accounts we will renew your Account automatically unless you cancel your Account through the My Account area prior to its renewal date. We will charge your credit card each year, month or other applicable period (depending on the term that you selected) for the then-current applicable price.
  • Subscription Cancellation. To avoid future billing you may cancel your Account to misshumblebee.com prior to 5pm EST on the renewal/charge date through the My Account area. You will continue to have access to your Account for the period of time that has already been prepaid, calculated based on the non-promotional/non-discounted rate in effect at the time of cancellation. An email confirming your cancellation will be sent to your email address. There will be no additional billing or charges from the date of cancellation. Please note, we do not provide full or partial refunds for prepaid sums. Feel free to continue to use the Site throughout the remainder of the subscription period for which you have already paid.

G.             Shipping and Delivery

This category does not apply to Miss Humblebee's Academy for the following reasons: There are no shipping rates for Miss Humblebee's Academy as it is an online Early Learning Academy only which can be accessed around the world. Nothing is shipped out from this site as everything is done on your computer screen or on your mobile app.

H.             Ownership of This Site and Its Content/Copyright Notice

This Site and its content (including, without limitation, any music, characters, curricula, software and code) are protected under applicable intellectual property and other laws.  All such content and related intellectual property rights are the property of Miss Humblebee's Academy, LLC ("MHA") or its licensor.  Except as otherwise provided herein, no such content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means without our express prior written permission.

 I.              Trademark Notice

The names and logos of MHA products and services; all graphics; all button icons; and all trademarks, service marks, character names, depictions and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of MHA (the “Marks”).  All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site (the "Third Party Marks") are the property of their respective owners.  You are not authorized to display or use the Marks or the Third Party Marks in any manner without prior written permission.

J.              Links to This Site

You may link to individual pages within this Site, but you must do so in a way that presents the page in its entirety.  You may not cause a page from this Site to appear within the frame of another site nor may you link to individual page elements such as a graphic or photograph.  You may not link directly to an audio file or to an audio stream; you must link to the page from which the file is accessed.  Links to pages within this Site may be presented in text format only.  You may not use the Marks or the Third Party Marks in links without prior written permission.

K.             Responsibility for User-Generated Content Posted on or Through this Site

You are responsible for any user-generated content.  This means that you, not MHA, can be held personally liable for content that is defamatory, obscene, or libelous, or that violates these Terms of Use, an obligation of confidentiality, or the rights of others.  If any part of the user-generated content you post is not your original work, it is your responsibility to obtain any necessary permissions.

Because we do not control user-generated content posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that user-generated content.  We have no responsibility for any user-generated content, including without limitation any errors or omissions therein.  We are not liable for any loss or damage of any kind as a result of user-generated content.  The user-generated content posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of MHA or any person or entity associated with MHA.

You own the copyright in any of your user-generated content, but we may use it subject to our Privacy Policies.  By using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize User-generated content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same.  For this reason, do not post any user-generated content that you do not wish to license to us.

We may disclose and/or remove user-generated content.  We have the right (but do not assume the obligation) to:

  • monitor user-generated content;
  • require that you avoid certain subjects;
  • remove or block any user-generated content at any time without notice;
  • disclose any user-generated content and the identity of the user who posted it; and
  • terminate your access to and use of this Site.

 Restrictions on user-generated content.  You may not:

  • upload, post, transmit or otherwise make available:
  • any user-generated content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
  • any user-generated content that constitutes or encourages activity illegal under criminal or civil law;
  • any user-generated content that is false, misleading, or fraudulent;
  • any user-generated content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • any user-generated content that violates or infringes upon the rights of others, including user-generated content which violates intellectual property laws;
  • any user-generated content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under  eighteen years old but older than twelve years old and you are his/her parent or legal guardian;
  • any request for or solicitation of any personal or private information from any individual;
  • any request for or solicitation of money, goods, or services for private gain;  
  • any material 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;
  • any user-generated content that violates our Privacy Policies; or
  • any user-generated content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
  • violate any local, state, national or international law, rule or regulation.

 By posting user-generated content, you represent and warrant that (i) you own or otherwise control all necessary rights to the user-generated content and have the right to grant the license set forth in these Terms of Use; (ii) the user-generated content is accurate, and (iii) you are at least eighteen years old and you have read and understood — and your user-generated content fully complies with — these Terms of Use and applicable laws and will not cause injury to any person or entity.

L.             Removal of Content/DMCA Notice

In general.  On certain pages of this Site, we may provide to you a tool to report objectionable user-generated content.  If that tool is not available, you can report objectionable user-generated content and other objectionable content by contacting us. While we do not have any obligation to remove content from this Site merely because of a removal request, we will review all such requests and will remove content that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law.  Please be aware, however, that if the content has already been distributed to other websites or published in other media, we will not be able to recapture and delete it.  Also, a back-up or residual copy of the content we remove from this Site may remain on back-up servers.

Violation of copyrights.  MHA does not knowingly violate or permit others to violate the copyrights of others.  We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately.  Your notice must be in writing and must include:

  • an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
  • your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
  • a written 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
  • 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.

Your statement must be addressed as follows:

____________________________

____________________________

____________________________

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

M.               Your Feedback

Although we do not claim ownership of user-generated content, your feedback will remain our exclusive property.  Your submission of feedback will constitute an assignment to us of all worldwide rights, title and interests, including all copyrights and other intellectual property rights.  We will be entitled to use your feedback for any purpose whatsoever, without restriction and without compensating you in any way.  For this reason, do not send us any feedback that you do not wish to assign to us.

N.               Your Obligations

To the extent that you provide personal information to MHA, for example, any registration data, you agree that it will be true, accurate, current, and complete and that you will update all personal information as necessary.

To the extent that you create an account through this Site, you understand and agree that any account you create, including your username and password, is personal to you (for your child) and may not be used by anyone else.  You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you.  You agree to change your password immediately if you believe that your password may have been compromised or used without authorization.  You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us.

You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.

O.              Disclaimers

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE.  THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MHA  AND ITS SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MHA AND ITS SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

MHA DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED MHA SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF MHA. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE. 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

P.              Limitation of Liability

WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER-GENERATED CONTENT.  ALTHOUGH WE INCLUDE STRICT PROVISIONS REGARDING USER-GENERATED CONTENT IN THESE TERMS OF USE, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST USING THIS SITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER-GENERATED CONTENT YOU MAY ENCOUNTER IN CONNECTION WITH YOUR USE OF THIS SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.  THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

This Site gives you specific legal rights and you may also have other rights which vary from country to country.  Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you.  Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.  Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Q.            Links to Third-Party Websites

This Site contains links to other websites operated by nonaffiliated organizations. Because we have no control over such third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or any damage or loss caused or alleged to be caused thereby.  These Terms of Use do not apply to your use of third-party websites.

R.             Modification and Discontinuation

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party in such event.

S.             Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right.  All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by MHA of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right herein.

T.              Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

U.             Governing Law, Jurisdiction and Venue

These Terms of Use will be governed under the laws of the State of Indiana without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in the State of Indiana. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction.

V.              Indemnity

You agree to defend, indemnify and hold MHA, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another.  We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

W.              These Terms of Use May Change

We reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version to this Site.  The changes will be effective as of the date we post the revised version on this Site.  Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.

X.              Entire Agreement

These Terms of Use (together with our Privacy Statements/Notices and any click-through agreements applicable to you) contain the entire understanding and agreement between you and MHA with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and MHA with respect to your use of this Site.

Y.             Termination

You agree that we may suspend or terminate your account and/or terminate your access to the Site (or a part of the Site) for failure to comply with theseTerms of Use or  for any other reason.

Z.             Contact Us

 If you have questions about these Terms of Use, please contact MHA at support@misshumblebee.com.