End User Terms of Use

Last Modified: 4/14/25

BY ACCESSING AND USING THIS SERVICE OR THE ASSOCIATED WEBSITE, MOBILE APPLICATIONS OR BACKGROUND TECHNOLOGY, YOU ARE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN, SUBJECT TO THE AGREEMENT BETWEEN CUSTOMER AND SHINY GEMS. IF YOU DO NOT AGREE, DO NOT USE THIS SERVICE.

These End User Terms of Use (“Terms of Use”) govern your (“your,” “you,” or “User”) use of and access to (a) Shiny Gems’ curricula of media literacy and digital citizenship content (“Content”), and (b) certain other software applications, websites, platforms, mobile applications, or other materials developed or provided by Shiny Gems or its Affiliates(collectively, the “Service”), including all proprietary technology of Shiny Gems or its affiliates or licensors (collectively, the “Background Technology”) and all user documentation, manuals, and user guides available within or through the Service (collectively, “Documentation”). An organization, such as your school, educational program or other third party ( “Customer”) has subscribed to the Service pursuant to the Shiny Gems Terms of Service or any other applicable agreement or service terms, and the applicable Sales Order(s) (collectively, the “Agreement”) between Newfruit Media LLC, a Maryland limited liability company, d/b/a Shiny Gems (“Shiny Gems”) and Customer. Customer or Shiny Gems has invited you to register as a User of the Service under Customer’s subscription. 

BY CLICKING AN “ACCEPT” BUTTON, CHECKING AN ACCEPTANCE BOX OR LOGGING IN TO ACCESS THE SERVICE YOU: (i) REPRESENT THAT YOU ARE DULY AUTHORIZED BY CUSTOMER TO ACCESS AND USE THE SERVICE; (ii) REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE, INCLUDING THE ACCEPTABLE USE POLICY AND PRIVACY POLICY; AND (iii) ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE ACCEPTABLE USE POLICY AND PRIVACY POLICY.

If you are a student or other minor user of the Service who is under the age of thirteen (a “PCR User”), your parent or legal guardian must accept these Terms of Use on your behalf. If you are a PCR User, you must not use the Services until a parent or legal guardian has accepted these Terms of Use on your behalf. Parents and legal guardians are informed that the Privacy Policy includes our Children’s Online Privacy Protection Act Notice, as required by the our Children’s Online Privacy Protection Act. AS A PARENT OR LEGAL GUARDIAN OF A PCR USER, BY CLICKING AN “ACCEPT” BUTTON, CHECKING AN ACCEPTANCE BOX OR LOGGING IN TO PROVIDE THE PCR USER ACCESS TO THE SERVICE YOU: (i) REPRESENT THAT THE PCR USER IS DULY AUTHORIZED BY CUSTOMER TO ACCESS AND USE THE SERVICE AND THAT YOU ARE DULY AUTHORIZED TO ACCEPT THESE TERMS OF USE ON BEHALF OF THE PCR USER; (ii) REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE, INCLUDING THE ACCEPTABLE USE POLICY AND PRIVACY POLICY, ON BEHALF OF THE PCR USER; AND (iii) ACCEPT AND AGREE, ON BEHALF OF YOURSELF AND THE PCR USER, TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE ACCEPTABLE USE POLICY AND PRIVACY POLICY.

1. Use of Service.

You must use the Service, Background Technology, and Content in accordance with these Terms of Use, the “Acceptable Use Policy”, any applicable Documentation, any Shiny Gems policies posted on the Service (including  the “Privacy Policy”), and any applicable terms and conditions of the Agreement, each of which is incorporated herein by reference.

Your username, identification number, password, license or security key, security token, PIN, or other method to verify your identity and authorization to access and use the Service (“Access Credentials”), have been or will be assigned to you and managed by either Customer or Shiny Gems, as determined by Customer in accordance with the Agreement. Your Access Credentials are personal to you. Access Credentials cannot be used by more than one individual User.  You must not share, reassign, divulge or disclose Access Credentials except as permitted by Customer. You must notify us immediately of any breach of security or unauthorized use of or access to your Access Credentials. Without limiting any of our other legal or equitable rights, we have the right to disable (or to request that Customer disable) any Access Credentials at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms of Use.

You understand that, in order to use any mobile or tablet website or application version of the Service (“Mobile Application”), you must have a mobile or tablet device that is compatible with such Mobile Application.

2. Data Submissions.

You understand that the Agreement governs the rights and obligations of Shiny Gems and Customer relating to (a) all electronic data and information uploaded or submitted to the Services by or on behalf of Customer or any User, including registration information for User accounts and any Personal Data (“Customer-Provided Data”); (b) the content generated by Users in connection with their use of certain Service functionality, including responses to prompts in lessons and quizzes, notes, survey responses, goals, and free-text fields (such content being “User Generated Content”); and (c) the content of any reports, summaries, output, or other data, information or materials derived solely from, or incorporating only, Customer Provided Data and/or User Generated Content, and that are created, generated, or processed via the Services by Customer or any User, which, in each case, is not publicly available (collectively, “Customer Data”). You acknowledge and agree that, except for Personal Data (as defined in the Privacy Policy), Customer owns all Customer Data. You agree that we may use Customer Data uploaded or submitted by you, gathered or collected at your request, or created, generated, or processed via your use of the Service in accordance with the Agreement, other than your Personal Data and Student Data (as defined in the Privacy Policy), which are governed by the Privacy Policy. However, it is solely Customer’s responsibility to obtain any required consents or permissions from you and other Users relating to Customer Data (other than Personal Data that is processed solely for our business reasons) and to ensure that Customer Data (other than Personal Data that is processed solely for our business reasons) is transferred and processed in accordance with applicable law.

Shiny Gems does not exercise editorial control over the content of any material created or accessible over or through the Service. However, we reserve the right, without any obligation, to monitor your use of the Service at any time and to remove any materials that, in our sole opinion, may be illegal, may subject Shiny Gems to liability, may violate these Terms of Use, or are inconsistent with the purpose of the Service. YOU HEREBY CONSENT TO OUR RIGHT AND ABILITY TO MONITOR YOUR USE OF THE SERVICE, WITH OR WITHOUT FURTHER NOTICE TO YOU, TO COLLECT INFORMATION ABOUT YOUR USE OF THE SERVICE, WHETHER ACTIVELY OR PASSIVELY, AND TO REMOVE MATERIALS AS SET FORTH ABOVE.

We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, SHINY GEMS HAS NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION, OR RECOVERY OF YOUR DATA.

3. Links to Third Party Sites.

The Services are provided through a learning management system (“LMS”), which is provided by a third party (the “LMS Provider”). In addition, all Content and Background Technology is hosted and made available through the LMS, and all Customer Data and other Personal Data is processed by and stored within the LMS. As of the date of these Terms of Use, the LMS Provider is EdApp Inc., a division of SafetyCulture Pty Ltd . Your access to and use of the LMS is subject to additional terms and conditions of the LMS Provider located at https://safetyculture.com/legal/terms-and-conditions/(the “LMS Terms of Use”). You hereby consent to the processing of Customer Data and other Personal Data by the LMS Provider in accordance with the LMS Terms of Use. You must comply with the LMS Terms of Use at all times when using or accessing the Service. Shiny Gems does not warrant or support third-party products or services (including the LMS). SHINY GEMS SHALL NOT BE LIABLE FOR OR OBLIGATED TO RESOLVE ANY ISSUES WITH THE SERVICE, CONTENT, OR BACKGROUND TECHNOLOGY CAUSED BY THE LMS. SHINY GEMS WILL NOT BE RESPONSIBLE FOR ANY DISCLOSURE, MODIFICATION, OR DELETION OF CUSTOMER DATA  OR OTHER PERSONAL DATA CAUSED BY THE LMS OR THE LMS PROVIDER.

4. Intellectual Property.

As between you and Shiny Gems, Shiny Gems exclusively owns all right, title and interest, including all related intellectual property rights, in and to the Background Technology, the Content, the Service, and any modification, upgrade, or enhancement to any of them (including one that incorporates your suggestions, enhancement requests, recommendations, corrections, or other feedback), but excluding any Customer Data and other Personal Data incorporated in any of them. All rights not expressly granted to you are reserved by Shiny Gems and its licensors. Except for your limited right to use and access the Service, the Background Technology, and the Content in accordance with and subject to these Terms of Use, we are not conveying to you any right, title, interest, or license in or related to our services, materials, content, technology, data, or intellectual property rights, or those of any third party.

Subject to the foregoing and the terms of the Agreement, we grant you a non-exclusive, non-transferable, non-sublicensable, right and license to, prior to the expiration or termination of these Terms of Use, access, download, copy, make available internally, and use the Content selected by Customer, solely to the extent made available to you for such purposes through the Service, in each case, solely for educational purposes. 

You consent to our use, both during and after the time that you are permitted to access and use the Service, of any suggestions, enhancement requests, recommendations, corrections, or other feedback that you provide to us. You agree that we may incorporate any of the foregoing into the Service via a modification, upgrade, or enhancement to the Service or any Background Technology.

5. Disclaimers; Limitation of Liability.

THE SERVICE, THE CONTENT, AND BACKGROUND TECHNOLOGY ARE PROVIDED “AS-IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND SHINY GEMS AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, ANY CONTENT, OR ANY BACKGROUND TECHNOLOGY. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE HEREBY SPECIFICALLY DISCLAIMED.

IN NO EVENT WILL SHINY GEMS OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SERVICE. YOU ARE PROVIDED ACCESS TO THE SERVICE PURSUANT TO THE AGREEMENT, SOLELY FOR THE PURPOSES OF CUSTOMER’S SUBSCRIPTION TO THE SERVICE AND AT CUSTOMER’S DISCRETION. YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHTS UNDER THE AGREEMENT, INCLUDING ANY RIGHTS TO ENFORCE ANY OF ITS TERMS. ANY OBLIGATION OR LIABILITY SHINY GEMS OR ITS AFFILIATES, OR ANY OF ITS OR THEIR LICENSORS OR SERVICE PROVIDERS, MAY HAVE WITH RESPECT TO YOUR USE OR INABILITY TO USE THE SERVICE SHALL BE SOLELY TO CUSTOMER PURSUANT TO THE AGREEMENT AND SUBJECT TO ALL LIMITATIONS OF LIABILITY SET FORTH THEREIN.

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other damages. The disclaimers, limitations of liability, and exclusions set forth herein will not apply to the extent prohibited by applicable law.

6. Termination.

These Terms of Use continue until the Agreement expires or is terminated, or your access to the Service has been terminated by Customer or us. The sections titled “Intellectual Property,” “Disclaimers; Limitation of Liability,” “Termination,” and “Miscellaneous” will survive any expiration or termination of these Terms of Use.

7. Notices.

Except as otherwise required by these Terms of Use, all notices we give to you will be given through a general notice on the Service or via email to your email address on record. By accessing the Service, you consent to receive such communications. Any notice you send to us should be sent via email to info@shinygems.com. Notices provided via email will be deemed given and received on the transmission date of the email. Notices under the Agreement will be delivered solely to Customer in accordance with the terms of that Agreement.

8. Modification.

We reserve the right to update, modify, or supplement these Terms of Use from time to time, with or without notice to you. Such changes will become effective when we post the revised Terms of Use as part of the Service. You should regularly review these Terms of Use. Your continued use of the Service after such changes are posted will constitute your acceptance of any and all such changes. Any revised Terms of Use will supersede all previous versions.

9. Miscellaneous.

You acknowledge and agree that the Service and the Background Technology possess a special, unique and extraordinary character that would make it difficult to assess the monetary damages resulting from any unauthorized use, and that unauthorized use may cause immediate and irreparable damage to Shiny Gems or other Users for which Shiny Gems or such other Users would not have an adequate remedy at law. Therefore, you agree that, in the event of such unauthorized use, in addition to such other legal and equitable rights and remedies available to Shiny Gems, Shiny Gems shall be entitled to injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security.

These Terms of Use will be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of laws principles. Each party hereby expressly and irrevocably consents to the exclusive jurisdiction of the state courts located in St. Mary's County, Maryland or in the U.S. District Court for the District of Maryland in connection with any action to enforce the provisions of this Agreement, to recover damages or other relief under this Agreement, or otherwise arising under or by reason of this Agreement. Notwithstanding the foregoing, you agree that any action for temporary or permanent injunctive relief may be brought in any court of competent jurisdiction.

If any provision of these Terms of Use is unenforceable, then such provision shall be of no effect on any other provision hereof.

The failure or delay of a party to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing.

The Terms of Use constitute the sole and entire agreement between you and Shiny Gems regarding the Service, Background Technology, and the Content and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the foregoing. Notwithstanding the foregoing, in the event of any conflict between provisions in these Terms of Use and specific provisions in the Agreement, the provisions of the Agreement shall prevail.