Zoombinis Terms & Conditions

Terms & Conditions of Use

Updated Novemeber 05, 2025.

Please Read These Terms and Conditions Carefully Before Activating Your Zoombinis Account.

This Agreement is a legal document that governs the terms and conditions of your use of this Website, www.zoombinis.com, your subscription to Zoombinis, and any communications between TERC, Inc. (“TERC”) or any of its vendors and distributors and you concerning the contents of this Website or any ancillary products. Please read this Agreement carefully. By activating your account, you acknowledge your agreement with these terms and conditions, as they may be amended from time to time. TERC reserves the right to change these terms and conditions at any time. If you do not accept these terms and conditions, do not use this Website.

User Names and Passwords

As part of the process of registering to use Zoombinis, a password and user name (“User Name”) will need to be provided for each player of Zoombinis. In the case of a school or other group license, the customer will receive an administrator account for use with the number of licenses purchased, and the administrator will need to provide the passwords[WS1] and User Names. You may not (a) select or use a User Name of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, or (c) use a User Name that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of your User Name and password, and you will be responsible for all uses of your User Name and password, whether or not authorized by you. We strongly encourage not to use a full name for any of the user names, but to use a nickname or generic identifier (such as Student1, Student2, etc.). [WS1]Can a user change a password or user name that an administrator has selected?

Teachers and administrators purchasing classroom or school licenses will be responsible for ensuring that students are aware of these terms and conditions. Students having access in such manner will be considered Users for all purpose of this Agreement.

Users may not share their User Names and passwords with anyone else, with the exception that students may share their User Names and passwords [WS1] with their teachers, and individual subscribers may share their User Names and passwords with their spouse, children or grandchildren ("Immediate Family") only. Immediate Family members given access in that manner will be considered Users and bound by the terms and conditions of this Agreement. Individual subscribers who intend to share their User Names and passwords with Users of their Immediate Family under 13 years of age agree to supervise the minors' use of the Website. [WS1]This language seems at odds with the edits you’ve made about administrators, above.

You will notify us of any known or suspected unauthorized use(s) of your User Name, password, or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your User Name and password. We will have no liability for any circumstances arising from the unauthorized use of a User Name, password or your Account. Any fraudulent, abusive, or otherwise illegal activity on your account may be reported to appropriate law-enforcement agencies by us.

If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your User Name, password, or any credit, debit, or charge card number provided to us), you must promptly change your password and notify us of the problem by sending an email to zoombinis@terc.edu.

Access to This Service

TERC will use commercially reasonable efforts to maintain the accessibility of the Website at all times, but may discontinue some or all of the Website features or services at any time, with or without notice, in order to perform hardware or software maintenance and/or upgrades or problem resolution. Additionally, to the extent that use of the Website is prevented, hindered, delayed or made impracticable by reason of force majeure (including any cause that cannot be overcome by reasonable diligence and without unreasonable expense) or due to TERC’s compliance with its commercially reasonable standard operating procedures or with any laws, rules, policies, practices or regulations of any governmental authority, TERC will have no liability for the failure or degradation of service. TERC shall not be liable for any losses, costs, liabilities, damages, expenses and/or claims arising from or relating to the delay, alteration or interruption of access caused by the failure for any reason of any communications facilities which User or TERC has contracted from any public communications authority or private communications carrier.

Privacy

TERC is committed to protecting the privacy of Website visitors and Users and does not share personally identifiable information with third parties without your consent. Please consult our Privacy Policy for more information on our information collection, use and disclosure practices. You acknowledge that, although TERC agrees to use its best efforts to comply with, and will endeavor to ensure that its distributors and licensees comply with, our Privacy Policy, TERC cannot be held responsible for the actions of third parties who violate that Policy.

Use of Materials and Restrictions on Use

You will have the unlimited right to access and use, on the Website, the content for which a license has been purchased by you or on your behalf, for the duration of the license, provided that if you violate any of the terms of this Agreement, TERC may immediately and without notice terminate or indefinitely suspend your access. If any student violates any of the terms of this Agreement, TERC may immediately and without notice terminate or indefinitely suspend that User’s access or all access by Users on the classroom or school account.

Prohibited Uses: Downloading of any code from the Website is strictly prohibited. Content displayed on the Website may be downloaded and reproduced for use in Zoombinis activities, but only for use with the licenses purchased ,but may not be posted publicly and must be destroyed when and if your subscription expires. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display or in anyway exploit, any of the Website content, in whole or in part, with the exception that a teacher who is an authorized User may display Website content in the context of live, in-person classroom use.

Linking to and framing the Website: You may create and publish links to the homepage of the Website. Creating and publishing links to any other pages within the Website (except bookmarking such pages for your personal noncommercial use) is not permitted. Framing the Website is strictly prohibited.

Additional Restrictions: You may not: (a) access the Website by any means other than means supporting secure and encrypted communications; (b) copy, reverse engineer, disassemble, decompile, translate, or modify any Website application or service; or (c) sublicense, rent, lease, resell, or otherwise permit any third party to access, any Website application or service except as expressly permitted in this Agreement. No assignment of any license of use of the Website is assignable.

Intellectual Property

This Website and all of its content, including but not limited to all text and images, are owned and copyrighted by TERC. TERC, ZOOMBINIS, and the Zoombinis logo are trademarks and servicemarks of TERC and registered in the U.S. Patent and Trademark Office. The titles of all Zoombinis puzzles, including but not limited to Allergic Cliffs, Pizza Pass, Mudball Wall, and Bubblewonder Abyss, are trademarks and service marks of TERC.

Disclaimers

You expressly understand and agree that:

The Website is provided on an “as is” and “as available” basis. Your use of the Website is at your sole risk.

TERC expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchant ability, fitness for a particular purpose and non-infringement.

TERC makes no warranty that (i) the website or its content will meet your requirements, (ii) access to the website will be uninterrupted, timely, secure, or error-free, (iii) any errors in the software will be corrected, or (iv) or that this website, its content, and the servers on which the website and content are available are free of viruses or other harmful components.

If, having obtained a license to use the website, you order any ancillary Zoombinis products, services, information, or other material from vendors authorized by us, the above disclaimers apply to such materials as well.

Limitation of Liability and of Actions

You expressly understand and agree that TERC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TERC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the website; (ii)the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the website; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the Website. In no event shall TERC’s total liability to you for all damages, losses, and causes of action, whether in contract, negligence, tort or otherwise, exceed the amount paid by you or on your behalf for a license to use the Website.

Furthermore, no action by you seeking damages will be valid unless filed within one year after the cause of action arose.

General

Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Any dispute arising out of or connected with this legal notice shall be subject to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts or of the U.S. District Court for the District of Massachusetts.
Entire Agreement. These terms and conditions constitute the entire agreement between you and TERC and govern your use of the Website, superseding any prior agreements between you and TERC with respect to the Website.
Amendment. We reserve the right, at our sole discretion, to change, modify, add, supplement or delete any of the terms and conditions of this Agreement at any time. We will post notification of any such changes on the Website. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate your Account. The continued use of the Website by you following the posting of any change to this Agreement will mean you accept any and all such changes.
Waiver and Severability of Terms. The failure of TERC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Parties Bound. This Agreement will be binding on and inure to the benefit of TERC’s successors and assigns, your heirs and personal representatives, and the successors of any school or other entity purchasing a classroom or school license for use of the Website.