Terms & Conditions
TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use (these “Terms”) are entered into by the Nashville Public Library Foundation, a Tennessee nonprofit corporation. (“NPLF,” “We,” “Us,” or “Our”) and you (“User,” “you,” or “your”). The following Terms of Use, together with any documents they expressly incorporate by reference, govern Your access to and use of the Begin Bright program, including any and all content, functionality, and services offered on or through the platform available at www.beginbright.org (the “Platform”). Hereinafter, NPLF and User may be referred to in the singular as a “Party” and collectively as the “Parties.”
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM. These Terms govern your use of the Platform and affect your legal rights and obligations. By clicking the “I agree with the Terms & Conditions” box and accepting these Terms, you agree to and are bound by the terms, conditions, policies, and notices contained in these Terms, including without limitation conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, arbitration, and a choice of Tennessee and United States of America law. If you do not agree to be bound by all of the terms contained in these Terms, do not click the “I agree with the Terms & Conditions” box and do not access or use the Platform.
In addition, by clicking the “I agree with the Terms & Conditions” box, you acknowledge and agree that you represent and warrant that you have the power and authority to enter into these Terms. NPLF shall not be liable, and you agree to indemnify and hold NPLF and any of its affiliates, subsidiaries, officers, employees, and agents harmless for, all damages, liabilities, penalties, costs, and expenses incurred by NPLF and any of its affiliates, subsidiaries, employees, or agents as a result of any inaccuracy, false representation, or other violation or failure by you in connection with this paragraph.
These Terms were last modified on July 1, 2025.
If you access or use the Platform, it means you agree to be bound by all of these Terms. Before you use the Platform, please read all of the Terms. If you don’t agree to all of these Terms, please do not use the Platform.
Changes to these Terms
We reserve the right to modify and add to these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.
PLEASE PERIODICALLY REVIEW THESE TERMS BECAUSE YOUR CONTINUED USE OF THE Platform WILL MEAN THAT YOU ACCEPT THOSE CHANGES. TO THE EXTENT ANY MODIFICATION TO THESE TERMS MATERIALLY AFFECTS YOUR RIGHTS OR OBLIGATIONS, THE UPDATED TERMS WILL BE PRESENTED TO YOU UPON YOUR NEXT USE OF THE Platform, AND YOU WILL BE REQUIRED TO ACCEPT THE UPDATED TERMS BEFORE PROCEEDING TO USE THE Platform.
Unless otherwise provided for herein, whenever we make changes to these Terms, the changes are effective three (3) days after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance mechanism as described immediately above). It is your responsibility to check the Platform for changes to these Terms.
If you continue to use the Platform after the revised Terms go into effect, then you have accepted the changes to these Terms. If you do not agree to the modified terms for the Platform, you should discontinue your use of the Platform. If there is a conflict between current terms and additional terms, the additional terms will control for that conflict. If it turns out that a particular term is not enforceable, this will not affect any other terms.
Privacy Policy
For information about how we collect and use information about users of the Platform, please check out our privacy policy available at www.beginbright.org/privacy (the “Privacy Policy”). NPLF will treat any information it collects or receives from you through the Platforms in accordance with its Privacy Policy, which is incorporated by reference. Please review the Privacy Policy before you use the Platform. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Platform.
Use of Platform
Before you may access and use the Platform, you first must setup an account by registering through the Platform. Registration requires a valid, working e-mail address and certain other information in order to initially signup for access to and use of the Platform, which includes, but is not limited to, name (first and last), e-mail address, phone number, and other identifying information. Once your account has been setup, you may access the Platform, as applicable. Upon completion of the registration process and acceptance of these Terms, NPLF hereby grants you a limited, revocable, personal, non-exclusive, non-transferable, non-assignable, non-sublicensable right to access and use the Platform solely for your own purposes. You must be at least 18 years old to access and use the Platform. You must be a resident of the United States and the State of Tennessee. NPLF makes no claims, assertions, representations, or warranties that the Platform is accessible or appropriate outside of the State of Tennessee. If User accesses or uses the Platform from outside the regions so authorized in these Terms, User does so on User’s own initiative and is solely responsible for compliance with local laws of the unauthorized regions.
These Terms only give you the right to access and use the Platform. NPLF reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Platform only as expressly permitted in these Terms. In doing so, you must comply with any technical limitations of the Platform that only allow you to use the Platform in certain ways, and you agree to comply with all laws, rules, and regulations applicable to your use of the Platform.
To the extent that you provide any information, including but not limited to personal information, to NPLF or its representatives, you warrant that: (i) you are providing or obtaining only your own information or the information of others which you are authorized to provide to third parties and/or obtain from third parties on their behalf; and (ii) the use of such information by NPLF and its representatives will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties. You understand and agrees that NPLF will store or otherwise retain any data or information provided by you and that NPLF and the Platform will be acting as a conduit for any such information received under these Terms. NPLF hereby disclaims any and all liability related to the use or transmission of such data or information in connection with the Platform or these Terms.
Your rights under these Terms will terminate automatically without notice from NPLF if you fail to comply with these Terms. Upon termination, you shall immediately cease all use of the Platform.
Prohibited Uses
User may access and use the Platform only for lawful purposes and in accordance with these Terms. User shall not access or use the Platform:
(a) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the import or export of data or software to and from the United States of America or other countries);
(b) for the purpose of exploiting, harming, or attempting to exploit or harm minors (i.e., persons below the age of eighteen (18)) in any way by exposing them to inappropriate, obscene, pornographic, vulgar, or lewd content, asking for personally identifiable information, or otherwise;
(c) to impersonate or attempt to impersonate NPLF, a NPLF supervisor, officer, director, employee, employee agent, or professional representative, another User, or any other third-party person or entity;
(d) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined in NPLF’s sole and absolute discretion, may harm, injure, or damage NPLF or the Users of the Platform, or expose NPLF and the Users to any potential, threatened, imminent, or actual liability;
(e) to transmit, or procure the sending of, any advertising or promotional material including any material constituting solicitation (e.g., “junk mail,” “chain letter,” “spam,” or any other similar solicitation);
(f) to disable, overburden, damage, or impair the Platform or interfere with any other User’s use of or access to the Platform, including the Users’ ability to engage in real-time activities through the Platform;
(g) to introduce any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
(h) to use any process to monitor or copy any of the material on the Platform or for any other purpose not expressly authorized in these Terms, without NPLF’s prior express, written consent;
(i) to use, access, or employ any device, computer, processor, tool, method, software, or routine that interferes with the proper operability, functionality, viability, continuity, and maintenance of the Platform;
(j) to introduce any viruses, Trojan horses, worms, bots, logic bombs, or other code that is malicious or technologically harmful;
(k) to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is hosted, or any server, computer, or database connected to the Platform;
(l) to attack the Platform via a denial-of-service (“DoS”) attack, a distributed denial-of-service (“DDoS”) attack, command and control (“C2”), bots, botnets, or any other means by which a malicious actor seeks to make a machine or network resource unavailable to its intended users by temporarily or indefinitely disrupting services of a host or server;
(m) to defame, harass, abuse, stalk, threaten, or otherwise violate the legal rights of others, including but not limited to a NPLF director, officer, supervisor, employee, employee agent, or professional representative and other Users; or
(n) to otherwise attempt to interfere with the proper working of the Platform.
Third-Party Platforms
We may provide you with links to third-party websites or services that we do not own or control. Your use of the Platform may also include the use and connection of applications that are developed or owned by a third party. Your use of such third-party applications, websites, and services is governed by that party’s own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.
Creating Accounts
When you create an account or use another service to log in to the Platform, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Platform. If you discover or suspect any Platform security breaches, please let us know as soon as possible in writing. Any transmission of information is at your own risk. By using our Platform, you acknowledge and accept these risks. As a result, we cannot guarantee or warrant the security of any information you disclose or transmit to us or that are otherwise provided to us and we cannot be responsible for the theft, destruction, or inadvertent disclosure of information. It is your responsibility to safeguard any passwords, ID numbers, or other special access features associated with your use of our Platform.
NPLF Materials
We put a lot of effort into creating the Platform including, the logo and all designs, text, graphics, pictures, website, database, algorithms, analytics, information, and other content (excluding your content) (collectively, “Materials”). These Materials are owned by us or our licensors and are protected by U.S. and international intellectual property laws. Please see above for additional information governing your use of the Platform.
Pursuant to these Terms, you are permitted to use such Materials solely in connection with the Platform and for no other purpose. However, unless we expressly state otherwise, your rights do not include: (i) modifying or otherwise making any derivative uses of the Platform or any portion thereof; (ii) using any data mining, robots, or similar data gathering or extraction methods; (iii) downloading (other than page caching) of any portion of the Platform or any information contained therein; (iv) reverse engineering or accessing the Platform in order to build a competitive product or service; or (v) using the Platform other than for its intended purposes. If you do any of these actions, we may immediately terminate your use of the Platform and reserve the right to pursue legal action.
Hyperlinks & Third-Party Content
You may create a hyperlink to the Platform. But you may not use, frame, or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information without our express written consent.
NPLF makes no claim or representation regarding, and accepts no responsibility for third-party websites accessible by, hyperlinks from the Platform or websites linking to the Platform. When you leave the Platform, you should be aware that these Terms and our policies no longer govern.
If there is any content on the Platform from you and others, we do not review, verify, or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy, or completeness of any content contained in the Platform. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.
Warranties & Disclaimers
THE Platform AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Platform ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION WITH REGARD TO PERFORMANCE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT, DATA OR SYSTEM INTEGRITY, DATA ACCURACY, OR RESULTS THAT MAY BE OBTAINED FROM OR THROUGH THE SERVICE (INCLUDING WITHOUT LIMITATION, IN CONNECTION WITH ANY LEGAL OR REGULATORY LAWS, RULES, OR REGULATIONS TO WHICH USER MAY BE SUBJECT) OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Platform WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
Liabilities
IN NO EVENT WILL NPLF or its licensors BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY (I) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED OR CONSEQUENTIAL DAMAGES; OR (II) ANY DIRECT OR INDIRECT DAMAGES, INCLUDING ANY LOSS OF PROFITS OR INVESTMENT, LOSS OF BUSINESS, LOSS OF SAVINGS, CORRUPTION, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, OTHER ECONOMIC OR COMMERCIAL LOSS OR ANY OTHER INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE platform OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Platform, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO greater of ONE HUNDRED DOLLARS ($100.00 USD) or the fees paid by User or an entity on User’s behalf for Membership. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN UNDER THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to indemnify and hold NPLF harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees, costs, penalties, interest and disbursements) NPLF incurs in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Platform or the use of the Platform by any person using your account, including any claim that your use of the Platform violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
YOU EXPRESSLY WAIVE AND GIVE UP ALL RIGHTS AND BENEFITS UNDER CALIFORNIA CIVIL CODE SECTION 1542 AND ANY LAW OR LEGAL RULE OF SIMILAR EFFECT IN ANY OTHER STATE OR TERRITORY WITH RESPECT TO THE RELEASES GRANTED BY YOU UNDER THESE TERMS, INCLUDING BUT NOT LIMITED TO THE RELEASE OF UNKNOWN AND UNSUSPECTED CLAIMS GRANTED UNDER THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES AS FOLLOWS:
“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.”
Governing Law
The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the State of Tennessee, without regard to conflicts of law principles.
Dispute Resolution
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH NPLF AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You and NPLF agree to arbitrate any dispute arising from these Terms or your use of the Platform, except that you and NPLF are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and NPLF agree (a) that any arbitration will occur in Nashville, Tennessee; (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (c) that the state or federal courts of Nashville, Tennessee have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND NPLF WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
Any claim or cause of action arising out of or related to your use of the Platform or under these Terms must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
Jurisdiction
A lawsuit, if any, by you or NPLF against the other will occur in state or federal courts located in Nashville, Tennessee. You and NPLF agree that the jurisdiction and venue of these courts is exclusive. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Tennessee located in Nashville, TN, USA in connection with any such dispute including any claim involving Platform.
Termination
If you breach any of these Terms, we have the right to immediately suspend or disable your access to or use of the Platform. You may terminate your use of the Platform at any time.
Entire Agreement
These Terms constitute the entire agreement between you and NPLF regarding the use of the Platform, superseding any prior agreements between you and NPLF relating to your use of the Platform.
Feedback
Please let us know what you think of the Platform, these Terms and, in general, NPLF. When you provide us with any feedback, comments, or suggestions (“Feedback”) about the Platform, these Terms and, in general, NPLF, you irrevocably assign to us all of your right, title, and interest in and to such Feedback, including but not limited to any copyright, patent right, moral right, and all other intellectual property rights therein.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes the copyright owners’ rights under U.S. copyright law. If the User believes, in good faith, that materials available on the Platform infringe Your copyright, You, or Your representative or agent, may send NPLF a notice requesting that We remove the material (in whole or in part) or disable access to the material. If, however, the User believes, in good faith, that a third party (or other User) has wrongly filed a notice of copyright infringement against You, in connection with Your authorized use of or access to the Website or the Platform, the DMCA permits You to send NPLF a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA, as available at https://www.copyright.gov/dmca-directory/faq.html. Notices and counter-notices must e-mailed to: info@beginbright.org.
Miscellaneous
These Terms are not intended to create any relationship between you and NPLF other than that of independent entities contracting with each other solely for the purpose of effecting the provisions under these Terms, and nothing contained herein shall be construed as creating any agency, employment, partnership, or joint-venture relationship between the parties.
Unless otherwise provided herein, any failure, neglect, or delay by a party in enforcing the provisions under these Terms or its rights at any time will not be construed as, and will not be deemed to be a waiver of, such party’s rights under these Terms and will not in any way affect the validity of these Terms in whole or in part or prejudice such party’s right to take subsequent action. Except as expressly stated herein, no exercise or enforcement by either party of any right or remedy under these Terms will preclude the enforcement by such party of any other right or remedy under these Terms, or any other right or remedy to which such party may be entitled at law or equity.
Contact
Questions or comments about the Platform or NPLF may be e-mailed to us at: info@beginbright.org.
You may also write to us at:
Nashville Public Library Foundation (NPLF)
Attn: Begin Bright
615 Church Street
Nashville, Tennessee 37219