Bolo Terms of Service

1. Your Acceptance

  1. By installing any Bolo products, software, data feeds, and services provided to you on, from, or through the Bolo app (collectively the "Service" / “App”) you signify your agreement to (1) these terms and conditions (the "Terms of Service"), and (2) Google's Privacy Policy, found at https://policies.google.com/privacy?hl=en and incorporated herein by reference. If you do not agree to any of these terms, the Google Privacy Policy, please do not use the Service. The Service is provided by Google LLC, which, along with its products and services, is referred to as “Google” in these Terms of Service.  You understand that the Service is intended for use by your child or ward and that your acceptance of these Terms of Service is to allow for such usage. You understand that the use of the Service by any child must have consent from their parent/guardian.
  2. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the app for the most up-to-date version. Google may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

2. Service

  1. These Terms of Service apply to all users of the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through the Service. The Service includes all aspects of Bolo, including but not limited to all products, software and services offered.

3. General Use of the Service—Permissions and Restrictions

Google hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

  1. You agree not to distribute in any medium any part of the Service or the Content without Google’s prior written authorization, unless Google makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).
  2. You agree not to alter or modify any part of the Service.
  3. You agree not to access Content through any technology or means other than the pages of the Service itself, or other explicitly authorized means Google may designate.
  4. You agree not to use the Service for any commercial uses unless you obtain Google’s prior written approval for the sale of access to the Service.
  5. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
  6. In your use of the Service, you will comply with all applicable laws.
  7. Google reserves the right to discontinue any aspect of the Service at any time.

4. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

  1. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Google, subject to copyright and other intellectual property rights under the law.
  2. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Google on the Service for that Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Google or the respective licensors of the Content. Google and its licensors reserve all rights not expressly granted in and to the Service and the Content.
  3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
  4. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Google is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Google with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Google, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

5. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GOOGLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, GOOGLE EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS APP’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS APP AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. GOOGLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GOOGLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, GOOGLE LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN).

YOU SPECIFICALLY ACKNOWLEDGE THAT GOOGLE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Google from its facilities in the United States of America. Google makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

7. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Google, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; or (ii) your violation of any term of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

8. Ability to Accept Terms of Service

You affirm that you are more than 18 years of age, or an emancipated minor, or possess parental or legal guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them.

9. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Google without restriction.

10. Privacy

You agree and specifically consent that we may collect, store, and use your personal data, in accordance with applicable laws and our Privacy Policy.

  1. Information we collect

Google collects information based on your children's use of the app, like when they read a book. This information includes:

  • device information, such as hardware model and operating system version;
  • log information, including usage statistics on how our service is used, device event information, and the device's Internet protocol (IP) address;
  • application version number; and
  • unique identifiers, which are used to collect and store information about an app or device, such as preferred language, reading and search history, and other settings.

The app also collects images and voice data, which are locally stored on device and not shared with Google to respect privacy.

  1. How we use information we collect

Google uses the information collected for internal operational purposes such as spam and abuse prevention, enforcing content license restrictions, determining preferred language and providing and improving the service.

Google also uses this information to offer users personalized content. We associate a unique identifier that's unique to the Service with the books your children have read and terms they've searched for to recommend books likely to be of interest to them, subject to the controls described below.

Google does not allow your children to share personal information with third parties or make it publicly available.

  1. Information we share

Google will not disclose individual user information outside of Google unless one of the following circumstances applies:

  • With consent
  • Google will share individual user information with companies, organizations or individuals outside of Google when we have parental consent.
  • For legal reasons
  • Google will share individual user information with companies, organizations or individuals outside of Google if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
  • meet any applicable law, regulation, legal process or enforceable governmental request.
  • enforce applicable Terms of Service, including investigation of potential violations.
  • detect, prevent, or otherwise address fraud, security or technical issues.
  • protect against harm to the rights, property or safety of Google, our users or the public as required or permitted by law.
  • For external processing
  • Google may provide individual user information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.

Google may share aggregate information about the use of the app with third parties to, for example, show trends about the use of the app or meet our reporting obligations with partners.

11. Parental Access and Controls

You can access your children(s)’ usage and progress through in-app features. You can stop new usage statistics from being collected by uninstalling the app, and can dissociate your device from existing usage statistics by factory resetting your device. Deleting the app or clearing app data and cache will delete all data associated with the app that is stored on the device, such as images and voice data.

12. General

You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive application that does not give rise to personal jurisdiction over Google, either specific or general, in jurisdictions other than California. You agree that the laws of California, excluding California’s choice of law rules, will apply to these Terms of Service. In addition, for any dispute arising out of or related to the Service, the parties consent to personal jurisdiction in, and exclusive venue of, the courts in Santa Clara County, California. These Terms of Service, together with the Privacy Notice at https://policies.google.com/privacy?hl=en and any other legal notices published by Google on the Service, shall constitute the entire agreement between you and Google concerning the Service. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of this Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Google’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND GOOGLE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Dated:        MARCH 2019