BrainPOP and its affilites own and operate the websites www.brainPOP.com, www.BrainPOPjr.com, esp.BrainPOP.com, and www.brainpopesl.com. BrainPOP is the Business name of FWD Media, Inc. We will refer to the corporation throughout this document as “BrainPOP”, “we” or “us”. BrainPOP provides these websites (the “Sites”) to you subject to the following terms and conditions. Visiting or otherwise using BrainPOP.com, BrainPOPjr.com, es.BrainPOP.com, and breainpopesl.com or content obtained directly or indirectly from BrainPOP, constitutes acceptance of and agreement to these terms and conditions. If you do not so consent, you may not visit the site or use any of its contents. Please read these Terms of Use carefully.
Please review our Privacy Policy, which also governs your visit to the Sites and use of the content found on the sites, including without limitation, the text, software, graphics, images, sounds, music, and videos, and the accompanying information and documentation (“the Content”). By visiting or using the Sites or the Content, you agree to our Privacy Policy, as in effect from time to time. We may modify our Privacy Policy at any time.
BrainPOP grants you a limited license to access and make personal use of the Sites and not to download (other than necessary for page viewing) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of the Site or the Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site 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 Sites or any portion of them may not be reproduced, distributed, duplicated, republished copied, sold, resold or otherwise exploited without our express written consent. 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 express written consent. Any unauthorized use of the Sites automatically terminates your permission or license to use our Sites.
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 Site 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.
BrainPOP attempts 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.
The Sites may include links to other Internet sites as a convenience to you. We do not monitor or endorse any such sites or the information, products or services contained on or accessible through such sites. If you access such sites, you do so solely at your own risk.
If you wish to register to use the Sites you must enter into a User Agreement with us, and you must continue also to abide by these Terms of Use. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Please note: BrainPOP is in the business of producing and selling of educational content and products designed for children. However, BrainPOP sells them to adults, who, among other things, can legally enter into credit card transactions or other permitted payment methods and agreements. If you are under 18, you may use BrainPOP.com only with authorization and supervision of a parent or legal guardian. BrainPOP reserves the right to refuse service, terminate accounts, remove or edit the Content, or cancel orders in its sole discretion. In case of a conflict between these Terms of Use and the User Agreement, the specific provisions of the User Agreement shall supersede the conflicting term of these Terms of Use.
Our Sites and the Content are owned by or licensed to BrainPOP, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. BrainPOP reserves all rights to the Content. You agree not to engage in the use, copying, or distribution of any Content unless you are expressly permitted to do so by a written agreement with us. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Site or the Content.
BrainPOP trademarks, the BrainPOP logo, and any other product or service name or slogan contained in the Sites and the Content are trademarks, trade dress and service marks of BrainPOP and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written consent of BrainPOP or the applicable trademark holder. 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 Sites, including all page headers, custom graphics, button icons and scripts, are the service marks, trademarks and/or trade dresses of BrainPOP and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, service marks, product names and company names or logos mentioned in the Site are the property of their respective owners. Our reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply our endorsement, sponsorship or recommendation thereof.
BrainPOP respects the intellectual property of others. If you believe that any material on the Site or any use of the Site 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 Site;
- 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:
Subscriber Relations
BrainPOP
27 W. 24th Street, Suite 1105
New York, NY 10010
Phone: 212.689.9923 Fax: 212.897.3700
E-mail: info@brainpop.com
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.
THESE SITES AND ALL INFORMATION, CONTENT, MATERIALS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH BRAINPOP’S SITES 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 THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH ITS SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE 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 THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM BRAINPOP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BRAINPOP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
IN NO EVENT, SHALL BRAINPOP’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF THE SITE IN ANY MANNER WHATSOEVER EXCEED THE AMOUNT ACTUALLY PAID TO BRAINPOP BY THE INJURED PARTY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN THOSE JURISDICTIONS, OUR WARRANTIES AND DAMAGES SHLL BE LIMITED TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
You agree to indemnify, defend and hold BrainPOP and its affiliates, and their respective directors, officers, employees, shareholders, agents, suppliers, customers and users of the Content (collectively, the "BrainPOP Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable legal fees) incurred by any BrainPOP Party as a result of or in connection with (i) any breach by you of any of the provisions of these Terms of Use; (ii) any violation by you of applicable law; and (iii) any use or alleged use of the Site or the Content by you or anyone within your control.
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).
By visiting the Site, you agree that the laws of the State of New York, without regard to principles of conflicts of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and BrainPOP. Any dispute relating in any way to your visit to the Site or to the Content, products or services sold or distributed by BrainPOP or through BrainPOP shall be solely adjudicated in Supreme Court of the State of New York or in the U.S. Federal District Court located in New York County, New York, and you consent and submit to exclusive jurisdiction and venue in such courts and agree to accept service of process by electronic mail.
We reserve the right to make changes to the Sites, our policies, and these Terms of Use at any time. If any of the terms or conditions in these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
You may contact us at:
BrainPOP
27 W. 24th Street, Suite 1105
New York, NY 10010
Phone: 212.689.9923
Fax: 212.897.3700
E-mail: info@brainpop.com
You agree to receive communications from us electronically regarding your account, this Agreement and the Sites, 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, is not confidential.
