IMPORTANT! If you are not of legal age to form a binding contract (in many places, this is 18 years old), then you must get your parent or guardian to read these terms and agree to them for you before you use Bright Thinker® or provide any information to us. Please review this agreement with your parent or guardian so that you both understand how Bright Thinker® works and what restrictions apply to your use of our websites and services. Remember, always get an adult’s permission before going online.
1. Statement of Rights and Responsibilities
By “Bright Thinker” we mean the features and services we make available, including through (a) our website at brightthinker.com; (b) our platform; and (c) other media, devices, or networks now existing or later developed.
By “us,” “we,” and “our,” we mean Bright Thinker, Inc. and its affiliates. By “you,” we mean the user of Bright Thinker®.
By “platform,” we mean a set of application programming interfaces (“API”s) and services that enable applications, developers, operators, or services to retrieve data from Bright Thinker® and provide data to us relating to Bright Thinker® users.
By “content,” we mean the content and information you post on Bright Thinker®, including information about you and the actions you take. By “post,” we mean post on Bright Thinker® or otherwise make available on the platform.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they collect personally identifiable information online from children who are under 13. As part of Your school’s license agreement with Bright Thinker®, the school has agreed to collect COPPA parental/guardian consent on behalf of Bright Thinker®. If such consent is withheld, you may not access Bright Thinker®.
4. License Grant
We hereby grant you a non-exclusive, non-transferable, non-sublicensable license to access Bright Thinker® solely in accordance with these Terms. Bright Thinker® incorporates various intellectual property rights, that may include, without limitation, copyrights, trademarks, patents, trade secrets, and other proprietary rights (collectively, the “Intellectual Property Rights”). While you have been given access to Bright Thinker®, we retain all rights, title, and interests in and to Bright Thinker® and all Intellectual Property Rights embodied therein, including, without limitation, the right to reproduce, copy, prepare derivative works, distribute, publicly perform, and publicly display Bright Thinker®.
5. Rights and Restrictions
Bright Thinker® is protected by U.S. and foreign copyright laws and international copyright treaties, as well as by other such intellectual property laws and treaties. Bright Thinker® is licensed (and not sold) to you, and any and all rights not expressly granted to you herein are reserved by us, and you shall not remove, alter, or obscure any product identification, trademark, or other notices or legends contained in or on Bright Thinker®.
6. Reverse Engineering
You shall not, nor permit anyone else to, directly or indirectly, adapt or otherwise modify, create any derivative work, or decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code from Bright Thinker® (or any portion thereof).
7. Sharing Your Content and Information
You retain ownership of all your content and information you post on Bright Thinker®. However, for content that is covered by intellectual property rights, like photos, videos, and original works of authorship (“IP Content”), you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to reproduce, copy, prepare derivative works, distribute copies, publicly perform, or publicly display any IP Content that you post on or in connection with Bright Thinker® (“IP License”). This IP License ends when you delete your IP Content or your account (except to the extent your IP Content has been shared with others, and they have not deleted it). Without this IP License, we would not be able to display your IP Content to your students (if you are a teacher) or your teachers (if you are a student). When you delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. But you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
We appreciate feedback or other suggestions to help us improve Bright Thinker®. While you are not required to offer feedback or suggestions, you understand that if you do then we may use your feedback and suggestions without any obligation to compensate you for it (just as you have no obligation to offer it).
We do our best to keep Bright Thinker® safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications to users (such as spam).
- You will not collect users’ information, or otherwise access Bright Thinker®, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
- You will not use Bright Thinker® to do anything unlawful, misleading, malicious, or discriminatory.
- You will not facilitate or encourage any violations of these Terms.
9. Registration and Account Security
Bright Thinker® users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Bright Thinker® or create an account for anyone other than yourself without permission.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone for any reason.
10. Protecting Other People’s Rights
We respect other people’s rights, and we expect you to do the same. Accordingly:
- You will not post content or take any action on Bright Thinker® that infringes someone else’s rights or otherwise violates the law.
- We can remove any content you post on Bright Thinker® if we believe that it violates these Terms.
- If you repeatedly infringe other people’s intellectual property rights, we can disable your account.
- You will not use our copyrights or trademarks without our written permission.
- You will not post anyone’s identification documents or sensitive financial information on Bright Thinker®.
You may have heard of the Digital Millennium Copyright Act (“DMCA”), as it relates to online service providers like Bright Thinker® being asked to remove material that allegedly violates someone’s copyright. You can learn more about the DMCA at http://www.copyright.gov/legislation/dmca.pdf. We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; you can review our complete Copyright Dispute Policy and learn how to report potentially infringing content at www.brightthinker.com/copyrightpolicy or at such URL as Bright Thinker® shall from time to time designate.
11. Domains and Subdomains
Bright Thinker® includes a feature that allows administrators to create subdomains in Brigh Thinker®. Should this feature be available to you, you agree that you will not create, nor permit to be created, any Bright Thinker® subdomains based on the copyrighted or trademarked works of anyone else. We reserve the right to remove any subdomains created by you in Bright Thinker® that infringe on the copyrights, trademarks, or other intellectual property rights of others. You agree that any subdomains you create will include your Brigh tThinker® domain name. For example, if your domain name in Bright Thinker® were abc company (abccompany.BRIGHTTHINKERlearning.com), and you wanted to create a subdomain for training, the subdomain You create would be abc company training (abccompanytraining.BRIGHTTHINKERlearning.com) or training abc company (trainingabccompany.BRIGHTTHINKERlearning.com) or the like, but NOT training (training.BRIGHTTHINKERlearning.com). We reserve the right to remove any subdomains that violate these Terms.
11. Third-Party Products and Services on Bright Thinker®
We can change these Terms at any time. At our discretion, we may provide a notice online at www.BRIGHTTHINKER.com, or by email, or by any other commercially reasonable means whenever we make changes to the Terms.
If you violate the letter or spirit of these Terms, or otherwise create possible legal exposure for us, we can stop providing all or part of Bright Thinker® to you. We will generally try to notify you but have no obligation to do so. You may also delete your account at any time.
14. Governing Law
These Terms shall be governed by the laws of the State of Texas. Venue for any action, suit, or other proceeding relating to these Terms lies exclusively in the state or federal courts of Denton County, Texas, and the parties irrevocably consent to the exclusive jurisdiction of those courts. Attorneys’ fees and court costs in any legal action shall be awarded to the prevailing party.
If anyone brings a claim against us related to your actions or your content on Bright Thinker®, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
16. No Warranties
We try to keep Bright Thinker® functional, bug free, and safe, but you use it at your own risk. We are providing you with Bright Thinker® “as is” without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that Bright Thinker® will be safe or secure. We are not responsible for the actions or content of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known or unknown, arising out of or in connection with any claims you may have against any third party.
17. Limitation of Liability
We will not be liable for any loss or damage or other consequential, special, indirect, or punitive damages arising out of or in connection with these Terms or Bright Thinker®, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of these Terms and conditions or Bright Thinker® will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You will not transfer any of your rights or obligations under these Terms to anyone else without our consent. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
No failure or delay by us in exercising any right, power or remedy under these terms shall operate as a waiver of any such right, power, or remedy, unless expressly indicated by us in a signed writing.
20. Entire Agreement
These Terms constitute the entire agreement between you and us regarding the acceptable use of Bright Thinker® and accompanying rights and obligations. The headings of the sections and subsections of these terms are for convenience of reference only and shall not be of any effect in construing the meanings of any provision hereof. If any provision of these terms (or part thereof) is determined by a court of competent jurisdiction to be void, invalid, or otherwise unenforceable, such provision (or part thereof) shall be deemed deleted from these Terms, while the remaining provisions of these Terms shall continue in full force and effect. By accessing and using Bright Thinker®, you are providing a symbol of your legal signature and acknowledging and accepting all of the provisions of these Terms. You represent and warrant that you are of legal age to form a binding contract (or if not, you have received your parent or guardian’s permission to use Bright Thinker® and your parent or guardian has agreed to these terms on your behalf).
If you are agreeing to these terms and conditions on behalf of an organization or entity (for example, if you are an administrator agreeing to these terms and conditions on behalf of your district), you represent and warrant that you are authorized to agree to these terms and conditions on that organization or entity’s behalf and bind them to these terms and conditions.
Bright Thinker® Contact Information
Bright Thinker, Inc.
Attn: Office of Legal Services
1301 Water Ridge Drive
Lewisville, Texas 75057
Last updated: June 23, 2023