Last updated on November 21, 2012
If you are under the age of 18, you may use the BrainPOP Websites only with authorization and/or supervision of a parent or legal guardian. If you are an educator, and you are using the BrainPOP Websites on behalf of minors, you are required to obtain the authorization of their parents or legal guardian.
BrainPOP reserves the right to suspend, discontinue, delete, modify, or remove any content or functionality offered in our BrainPOP Websites from time to time, without prior notice, without reason or liability, and/or to offer certain content or functionality only in various versions or in selected times, based on BrainPOP’s sole discretion. In addition, BrainPOP may charge users for certain content or functionality which are currently available for free.
BrainPOP grants you a limited non-exclusive, non-sublicensable, non-transferable, revocable license to access and make personal use of the BrainPOP Websites and not to download (other than as necessary for page viewing) or modify the BrainPOP Websites, or any portion of the BrainPOP Websites, except with our express written consent. This license does not include any resale or commercial use of the BrainPOP Websites or the Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the BrainPOP Websites and the Content; any downloading or copying of account information for the benefit of another; or any use of data mining, spiders, robots, or similar data gathering and extraction tools. The BrainPOP Websites or any portion of the BrainPOP Websites may not be reproduced, distributed, duplicated, republished, copied, sold, resold or otherwise exploited without our express written consent. Notwithstanding the above, if a print key is indicated on a specific webpage on BrainPOP Websites, such as Activities, Printed Quizzes and FYI pages, or if certain material is available for download on BrainPOP Educators, you may print or download, the page or the material, as applicable, solely for your personal use or for non-commercial educational purposes. You may not frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BrainPOP without our express written consent. Any unauthorized use of the BrainPOP Websites automatically terminates your permission or license to use our BrainPOP Websites.
You agree that you will not send us any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable. You must not send to us any malicious software (such as viruses, Trojan horses and the like) or other rogue programming, political messages, solicitations, mass mailings, or any form of "spam." You agree not to attempt illegal or unauthorized entry into our computer system, to attempt to access sensitive system information, to access or track the information of other users, or to use the BrainPOP Websites for any other illegal or unauthorized activity. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity.
We attempt to provide accurate descriptions of the Content. However, we do not warrant that product descriptions or other parts of the Content are accurate, complete, reliable, current, or error-free. If Content is materially misrepresented, your sole remedy is to cease use of that Content and to notify us of the purported error.
Certain BrainPOP Websites may include links to third party websites or portions thereof as a convenience to you. Those sites may collect data or solicit personal information from you. We do not monitor or endorse any websites or the information, products or services contained on or accessible through such websites. These websites are not under our control and we are not liable for the content or accuracy of those websites or the products or services offered on or through those websites. If you access such websites, you do so solely at your own risk.
Certain BrainPOP Websites may host or co-host certain third party content operated by and belonging to such third parties (“Third Party Content”). Third Party Content is subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions of the respective owners of Third Party Content, who retain all ownership and intellectual property rights therein. We expressly disclaim any and all liability in connection with your use of Third Party Content. Any such use of Third Party Content is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.
Certain BrainPOP Websites may allow you to submit, upload, post, or create (collectively “submit”) certain types of content to or via some of the BrainPOP Websites (“User Content”). You acknowledge and agree that BrainPOP does not guarantee any confidentiality with respect to any User Content you submit. You shall retain all ownership rights to and shall be solely responsible for your own User Content and the consequences of submitting and publishing such User Content. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to create and publish any User Content you submit. You may not upload or post any User Content on the BrainPOP Websites that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload User Content that violates any third party's right of privacy or right of publicity. You may upload only User Content that you are permitted to upload by the owner or by law.
BrainPOP strictly prohibits the use of BrainPOP Websites or any of its functionalities for offensive, illegal or harming purposes. You agree not to use BrainPOP Websites to create, edit, post or share any content that is harmful, unlawful, obscene, libelous, racist, hateful, or criminal or that violates the privacy of others or any other illegal, offensive or inappropriate content. BrainPOP reserves the right to remove any content which deems to be illegal, offensive or inappropriate, in BrainPOP’s sole discretion, and may take action against the user, including, but not limited to, suspending any or all use of BrainPOP Websites, in any way or manner, or terminating the user's account.
You may not upload for purposes of advertising or solicitation to buy or sell any products or services through the BrainPOP Websites or for creating, sharing and sending unsolicited commercial messages. You agree not to transmit, post or otherwise make available on BrainPOP Websites, or any third party links, by embedded code or emails sent from BrainPOP Websites, any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other solicitation material. BrainPOP reserves the right to take legal action against users who abuse the BrainPOP Websites for transmitting, posting or sending unsolicited commercial messages, including, but not limited to, removing or modifying any postings, unauthorized commercial advertisements, affiliate links, and other forms of solicitation, in its discretion without notice, suspending any or all use of the BrainPOP Websites or terminating the user's account.
By submitting any User Content, you grant BrainPOP a worldwide, non-exclusive, royalty-free, sub-licensable and freely transferable license to use, publish, reproduce, distribute, disseminate, copy, prepare derivative works of, and display, in whole or in part, such User Content, without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content, and you hereby waives any claim to the contrary. You acknowledge and agree that User Content may be utilized by BrainPOP’s users in various ways over which, we do not have any control and you expressly release us from any claims with respect to any use of User Content by any third parties.
BrainPOP does not endorse any User Content submitted to the BrainPOP Websites and expressly disclaims any and all liability in connection such User Content. BrainPOP explicitly reserves the right to remove or modify any User Content in any manner at any time without prior notice.
If you find any inappropriate Content on any of the BrainPOP Websites or during your use of the Content, BrainPOP encourages you to report such inappropriate content (to: email@example.com).
In the course of the registration process to certain BrainPOP Websites, you may be entitled to upload a profile picture to your account. The profile picture you upload may not contain nudity, obscenity, sexually explicit material or contain images of people which have not given explicit permission to be publicly viewed in these pictures. In addition, an attempt to impersonate other person/s is strictly prohibited and may lead to legal action.
All product, brand and company names and logos used on our BrainPOP Websites are the trademarks or registered trademarks (including, but not limited to a registered trademark “BrainPOP”) of their respective owners. Any use of any of the marks appearing on the BrainPOP Websites, whether or not owned and/or operated by BrainPOP (unless you first receive our express written consent or the consent of the owner of the mark, as appropriate), is strictly prohibited. You may not use metatags or any other "hidden text" utilizing "BrainPOP" or any other name, trademark, service mark or product or service name of BrainPOP without our prior written permission. In addition, the look and feel of the BrainPOP Websites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of BrainPOP and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
BrainPOP respects the intellectual property of others. If you believe that any material on the BrainPOP Websites or any use of the BrainPOP Websites infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing can be found on the BrainPOP Websites;
Your address, telephone number, and email address;
A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you at the bottom of your notification exactly as follows: “I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.”
Send the notification to us as follows:
71 W 23rd St., 17th Fl.
New York, NY 10010
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating accounts and/or pursuing other remedies, at our sole discretion, if we suspect that the account holder has infringed the intellectual property rights of BrainPOP or any third party.
BRAINPOP WEBSITES INCLUDING THE CONTENT AND ALL INFORMATION, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH BRAINPOP’S WEBSITES ARE PROVIDED BY BRAINPOP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BRAINPOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BRAINPOP WEBSITES OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH ITS BRAINPOP WEBSITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BRAINPOP WEBSITES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BRAINPOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRAINPOP DOES NOT WARRANT THAT THE BRAINPOP WEBSITES, THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE BRAINPOP WEBSITES, THEIR SERVERS, OR E-MAIL SENT FROM BRAINPOP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL BRAINPOP OR ANY OF ITS AFFILIATES OR CUSTOMERS, SUPPLIERS OR THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING FROM THE USE OF THE BRAINPOP WEBSITES OR FROM THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE BRAINPOP WEBSITES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OR RELIANCE OR, INABILITY TO USE THE BRAINPOP WEBSITES OR ANY OF THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE BRAINPOP WEBSITES, OR WHETHER THEY ARISE FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF ANY OF BRAINPOP WEBSITES OR ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE BRAINPOP WEBSITES.
IN NO EVENT, SHALL BRAINPOP’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF THE BRAINPOP WEBSITES IN ANY MANNER WHATSOEVER EXCEED THE AMOUNT ACTUALLY PAID, IF ANY, TO BRAINPOP BY THE INJURED PARTY.
IN ANY JURISDICTION THAT DOES NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF BRAINPOP OR ANY OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AFFILIATES, AGENTS, SUPPLIERS, CUSTOMERS OR LICENSEES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
In addition, BrainPOP will not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, but not limited to, internet failure, computer equipment failures, telecommunication equipment failure, other equipment failure, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning.
Certain BrainPOP Websites serve as a repository of information, and as such, user-posted content does not represent the advice, views, opinions or beliefs of BrainPOP, and BrainPOP makes no claim of accuracy of any user-posted material. The inclusion of user-posted content on any of BrainPOP Websites does not imply any approval or endorsement by or any affiliation with BrainPOP. BrainPOP is not responsible for the content, accuracy or opinions expressed in such content, and such content is not investigated, monitored or checked for accuracy or completeness by BrainPOP.
BrainPOP reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with BrainPOP's defense of such claim. BrainPOP may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs).
You may stop using the BrainPOP Website and Content at any time and in your sole discretion, with no need for justification and with no charge, contact BrainPOP and request to delete your account and/or disable your subscription. Note that the termination of an account or a subscription does not delete the information posted by you and you may need to contact BrainPOP directly to request editing, deletion or removal of such information.
We operate through various affiliates, which include BrainPOP LLC, BrainPOP ESL LLC, BrainPOP Junior.com LLC, BrainPOP Educators LLC, BrainPOP GameUP LLC, BrainPOP UK Ltd., BrainPOP LatinAmerica S. De R.L. De C.V., BrainPOP France S.A.S.U. and other affiliates (“BrainPOP”). You may contact any of BrainPOP at:
71 W 23rd St., 17th Fl.
New York, NY 10010
You agree to receive communications from us electronically regarding your account, these Term of Use and the BrainPOP Websites, and such communications sent from us shall be considered sufficient means of notice, whether applicable law requires written notice or not. You further agree that your electronic communications, except for communications regarding subscriptions, are not confidential.