Terms of Use – Melanin Babies

Introduction 1.1 Welcome to Melanin Babies (“we,” “our,” or “us”), a non-profit organization located in Charlotte, North Carolina. 1.2 By accessing or using our website, video content, interactive games, newsletter, and any other services we provide (collectively, “Services”), you agree to be bound by these Terms of Use (“Terms”). 1.3 If you disagree with any part of these Terms, you may not use our Services.

Mission Statement 2.1 Our mission is to empower young learners to become curious, compassionate, and confident individuals. 2.2 We aim to inspire a lifelong love for learning that celebrates every child’s unique potential through interactive educational experiences.

User Eligibility and Account Creation 3.1 Users must be at least 13 years old to access our online Services independently. Children under 13 must have verifiable parental consent and supervision.

3.2 You may be required to create an account to access certain Services. You agree to provide accurate, current, and complete information during registration. 3.3 You are responsible for maintaining the confidentiality of your account and password. 3.4 You agree to notify us immediately of any unauthorized use of your account.

Use of Services 4.1 Our Services are for personal, non-commercial, and educational purposes. 4.2 You agree not to use our Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our servers or networks. 4.3 We reserve the right to terminate or suspend your access to our Services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

Content and Intellectual Property Rights 5.1 All content provided through our Services, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Melanin Babies or its content suppliers and is protected by United States and international copyright laws. 5.2 Users may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services, except as incidental to normal web browsing or as expressly permitted in writing by us. 5.3 “Melanin Babies” and our logo are trademarks of our organization. You must not use such marks without our prior written permission.

User-Generated Content 6.1 Our Services may allow users to post, submit, publish, display, or transmit content (“User Content”). 6.2 By providing User Content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, modify, publicly perform, display, reproduce, and distribute such User Content on and through our Services. 6.3 You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license above. 6.4 You agree not to post User Content that: a) Is false, misleading, or fraudulent b) Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights c) Violates the legal rights of others or contains any material that could give rise to civil or criminal liability d) Is offensive, abusive, threatening, pornographic, harassing, or promotes violence e) Contains viruses or any other computer code designed to disrupt, damage, or limit the functioning of any computer software or hardware 6.5 We reserve the right to remove any User Content at our sole discretion.

Privacy Policy 7.1 Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

Disclaimer of Warranties 8.1 Our Services are provided on an “as is” and “as available” basis, without any warranties, either express or implied. 8.2 We do not warrant that our Services will be uninterrupted, timely, secure, or error-free. 8.3 We do not make any warranties regarding the accuracy, reliability, or quality of any information, content, or materials provided through our Services.

Limitation of Liability 9.1 To the fullest extent permitted by applicable law, Melanin Babies shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from a) Your access to or use of or inability to access or use the Services b) Any conduct or content of any third party on the Services c) Any content obtained from the Services d) Unauthorized access, use, or alteration of your transmissions or content

Indemnification 10.1 You agree to defend, indemnify, and hold harmless Melanin Babies, its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services.

Changes to Terms 11.1 We reserve the right to modify or replace these Terms at any time at our sole discretion. 11.2 We will provide notice of any significant changes by posting the new Terms on this page with a “Last updated” date. 11.3 Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.

Governing Law and Jurisdiction 12.1 These Terms shall be governed by and construed by the laws of the State of North Carolina without regard to its conflict of law provisions. 12.2 Any legal action or proceeding arising out of or relating to these Terms shall be instituted in the federal courts of the United States or the courts of the State of North Carolina, in each case located in Charlotte, North Carolina.

Severability 13.1 If any provision of these Terms is unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Entire Agreement 14.1 These Terms, our Privacy Policy, and any other legal notices published by us on the Services shall constitute the entire agreement between you and Melanin Babies concerning the Services.

Contact Information 15.1 For any questions about these Terms; please get in touch with us at contact@melaninbabies.org

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

Last updated: 7/15/2024