BIG PICTURE PHONICS INC. – TERMS OF USE
Last Updated: March 17, 2026
Big Picture Phonics Inc. (“we” or “us”) are pleased to provide to you certain website(s), software, game(s), application(s), content, product(s), and service(s) (“Big Picture Phonics Products and Services” or “Products and Services”), which may be branded Big Picture Phonics, Alien Phonics, or another brand owned or licensed by us.
Please read these terms carefully before using our Products and Services. These terms govern use of all of our Products and Services. By using our Products and Services, you agree to be bound by these terms. Your use of our Products and Services is also governed by our Privacy Policy.
TABLE OF CONTENTS
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- These Terms of Use Are a Contract between You and Us
- License Grant and Restrictions
- Usage Rules
- Paid Transactions
- Contests and Promotions
- Disclaimers and Limitation on Liability
- Submissions and Fan Generated Content
- General Provisions
1. These Terms of Use Are a Contract between You and Us
1.1. Binding Contract. These terms of use (“Agreement”) are a contract between you and Big Picture Phonics Inc., a Canadian federal corporation having incorporation number 1120904 and having an address at 1500 West Georgia, Suite 1300, Vancouver, British Columbia, Canada, V6G 2Z6.
1.2. Agreement. You represent to us that you have read, understood, and expressly consent and agree to be bound by this Agreement, and the terms, conditions, and notices contained or referenced herein. If you do not agree to the Agreement, you may not use our Products or Services.
1.3. Supplemental Terms. This Agreement governs your use of our Products and Services in general. More specific and/or supplemental terms and conditions may apply to some Products or Services, including but not limited to, a particular contest or other activities. Any supplemental terms and conditions are in addition to this Agreement and, in the event of a conflict, the supplemental terms will prevail over this Agreement. If you do not agree to the applicable supplemental terms and conditions disclosed, you may not use our Services or Products.
1.4. Amendments. We may need to make changes to any portion of this Agreement from time to time and for various reasons, including to reflect (i) updates to our Products and Services or (ii) changes in law. If we make a material change to this Agreement, it will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amended Agreement at our website https://bigpicturephonics.com. You are responsible for periodically reviewing this Agreement for updates and amendments. Where required by law, we will dispatch a notice setting out the new clause, or the modified clause and how it read formerly, and the date on which the change will come into effect. By continuing to use our Products or Services, you will be deemed to have agreed to and accepted any amendments. If you do not agree to any change to this Agreement, you must discontinue using our Products and Services.
1.5. User Accounts. Some of our Products and Services may permit or require you to create a user account to participate or to secure additional benefits. You agree that any information you provide and maintain is accurate, current and complete. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
1.6. Passwords and Security. You agree that you will not share your user account or account information with others. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or our Products or Services.
1.7. Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
1.8. Termination or Suspension. We may terminate or suspend your access to any of our Products or Services, and/or terminate this Agreement subject to the survival of terms as provided below, if required by law, or if we have objective reason to believe you have used our Products or Services in violation of any provision of this Agreement or any supplemental terms, and/or if you engage in or encourage infringement or any other illegal conduct as it relates to your use of our Products or Services.
2. License Grant and Restrictions
2.1 Our Products and Services may include our copyrighted, patented or trademarked property or the copyrighted, patented or trademarked property of our licensors.
2.2 Consumer License. You may own the physical items on which elements of our Products and/or Services are made available to you, but we retain full and complete ownership of our intellectual property. For clarity, the purchase of our Products and/or Services does not create an ownership interest in our intellectual property, including our website(s), software, game(s), application(s), content, virtual item(s), or other materials. Your right in our Products and/or Services is a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Products and/or Services for your personal, noncommercial use only, only for as long as that the Products and/or Services are made available to you by us.
3. Usage Rules
3.1. Changes to Our Products and Services. Our Products and Services are constantly evolving and will change over time. We reserve the right to make such changes or, if necessary, discontinue certain Products and/or Services. If required by law, we may also need to suspend, restrict, or terminate your access to certain Products and/or Services.
3.2. Third-Party Services or Platforms. Our Products and Services may integrate, be integrated into, or be provided in connection with third-party websites, services, applications, platforms, and/or content. We do not control those third-parties or the products they make available. You should read the terms of use agreements and privacy policies that apply to such third-party products.
3.3 Consent to Communications. When you use our Products and/or Services, you may be given the opportunity to consent to receive communications from us through email. You can opt out of promotional communications at any time.
3.4. Informational, Entertainment, and Educational Purposes. You understand that our Products and Services are for your personal, noncommercial use and are intended for informational, entertainment, and educational purposes only.
3.5. Commercial, Marketing, or Branding Use Prohibited. Except as expressly licensed, we do not allow uses of our Products or Services, or our intellectual property, that are commercial or business-related, including used in marketing or branding, or that advertise or offer to sell or promote products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations).
3.6. Malware. You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any of our Products or Services or connected network, or interfere with any person or entity’s use or enjoyment of our Products and/or Services.
4. Paid Transactions
4.1. Digital Content and Virtual Items. We may make applications, games, software or other digital content available for you to license for a one-time fee. When purchasing a license to access such material, charges will be disclosed to you before you complete the license purchase. Your purchase of digital content and/or virtual item(s) is a payment for a limited, non-assignable license to access and use such content or item(s). We may modify or discontinue digital content or virtual items at any time.
4.2. Physical Products. You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any physical Products you purchase and the responsibility to insure them passes to you when the relevant Products are delivered. We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
4.3. Payments and Billing. When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information.
4.4. Right of Cancellation; Return of Physical Products. You may have the right to cancel an order placed for a Product or Service – depending on the nature of the Product or Service. Please read the following information carefully so you understand your right of cancellation.
(a). Digital Content: When you purchase a license to access digital content or virtual items, you will be given an opportunity to consent to delivery at the time of purchase. By consenting to delivery, you acknowledge that you have lost the right to cancel. License purchase fees paid for digital content are non-refundable.
(b). Physical Products: You have the right, within thirty (30) days from the date of your receipt of physical Product(s), to cancel our contract with you and return the physical Product(s). This right does not apply to Products stated by us on certain Products to be non-returnable. If you are returning Product(s) that is not faulty, you may be required to pay for the cost of returning the Product(s) to us and we may deduct a reasonable amount if you used the Products.
4.5. Pricing; Taxes. We may revise the pricing for the Products and Services we offer. When you place your order, we estimate the applicable tax and include that estimate in the total for your convenience. Except to the extent required under applicable tax laws, the actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.
5. Contests and Promotions
We may offer contests and other similar promotions in connection with our Products and Services (“Contests”). Such Contests may be subject to official rules and/or conditions that are supplemental to this Agreement, and which may provide details governing the Contests such as eligibility requirements, entry instructions, deadlines, prize information and restrictions. If you wish to participate in a Contest, please first review the applicable official rules and/or conditions. If a Contest’s official rules and/or conditions conflict with this Agreement, the provisions contained in the official rules and/or conditions govern and control the Contest. Your entry into a Contest constitutes Fan Generated Content and is subject to all provisions of this Agreement that govern your submission and our use of your Fan Generated Content. The entry is also governed by our Fan Generated Content Policy.
6. Disclaimers and Limitation on Liability
OUR PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.
We shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under this Agreement.
We are not liable for business losses. We only supply Products and Services for your personal, non-commercial, and domestic use.
We are not responsible for any lack of functionality or failure to provide any part of product(s) or service(s), or any loss of content or data that is due to: your equipment, devices, operating system or internet connection; or your failure to comply with compatibility requirements.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE GREATER OF (a) THE FEES PAYABLE TO US BY YOU PURSUANT TO THE APPLICABLE ORDER FOR OUR PRODUCT(S) AND/OR SERVICE(S) OR (b) FIVE HUNDRED CANADIAN DOLLARS (CAD $500).
7. Submissions and Fan Generated Content
7.1. Submissions and Unsolicited Ideas Policies. Please do not send us any unsolicited creative ideas, suggestions, or materials. In connection with anything you send to us, whether or not solicited by us, you agree that creative ideas, suggestions, or materials you send are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
7.2. Fan Generated Content. We may ask for or allow you to communicate, submit, upload or otherwise make available text, chats, images, audio, video, contest entries or other content that is inspired by, based on, or derived from our Products or Services (“Fan Generated Content”), which may be accessible and viewable by the public.
You may not submit or upload Fan Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
In most instances, we will not claim ownership of your Fan Generated Content. However, you agree to grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such Fan Generated Content, in whole or in part, in all media formats and channels now known or hereafter developed, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your Fan Generated Content conforms to this Agreement and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in the Fan Generated Content, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your Fan Generated Content in all manners contemplated by this Agreement; and you agree to indemnify and hold us harmless from any claims or expenses (including legal fees) by any third party arising out of or in connection with our use and exploitation of your Fan Generated Content resulting from your breach of this Agreement.
You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the Fan Generated Content against us, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform Fan Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using the specifically referenced copyrighted works as required for the sole purpose of creating such a work, provided that such license shall be conditioned upon your assignment to us of all rights worldwide in the work you create for the duration of copyright in the Fan Generated Content. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We may monitor, screen, post, remove, modify, store and review Fan Generated Content at any time and for any reason, including to ensure that the Fan Generated Content or communication conforms to this Agreement, without prior notice to you. We may terminate your account and access to the Big Picture Phonics Products if your Fan Generated Content violates this Agreement, including unlawful postings or content, without prior notice to you.
We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Fan Generated Content is also governed by our Fan Generated Content Policy.
8. General Provisions
8.1. Choice of Forum. You agree that all disputes, except disputes revolved in Small Claims Court, arising out of or in connection with this agreement, or in respect of any legal relationship associated therewith or derived therefrom, shall be referred to and finally resolved by arbitration administered by the Vancouver International Arbitration Centre (VanIAC) pursuant to its applicable Rules. The place of arbitration shall be Vancouver, British Columbia, Canada.
8.2. Choice of Law. This Agreement shall be governed by the laws of the Province of British Columbia, Canada without regard to conflicts of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods or any other international convention, agreement or protocol governing sales of goods is expressly excluded.
8.3. Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
8.4. Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use submitted content, and rules regarding dispute resolution in Section 2, 3, 6, and 7 as well as the general provisions in this Section 8.
8.5. Waiver. No waiver of any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.