The purpose of this User Agreement is to allow educators and parents to use content from our websites in materials that you prepare for non-commercial instructional use. It is also intended to permit you to display your own videos, images and text, including lesson plans, on our website.
When you accept this Agreement by checking the check box on the registration page and clicking the submit button at the bottom of the page, this Agreement will be a binding legal agreement between you and BrainPOP. BrainPOP is the business name of FWD Media, Inc., a Delaware corporation. We will refer to the corporation throughout this Agreement as “BrainPOP”, “we” or “us”. This Agreement sets forth the terms and conditions governing your use of our website http://www.brainpop.com/educators. In order to post or upload content to our website, you must register . Please read this Agreement carefully. By using our website, you also agree to abide by our
You agree to provide the accurate and current information requested during registration and to promptly update your information as necessary to keep it accurate and complete at all times. You agree to keep confidential all personal identifiers resulting from registering with our website (such as passwords and user names) and to be held responsible for all activities under your account. Further, you agree to notify us of any unauthorized use of your password or account.
The Content offered through our websites (the “Content”) is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Content are the property of BrainPOP, excluding User Submissions. The Content is licensed to you subject to the terms of this Agreement. We may, in our sole discretion, make changes to our websites and/or the Content, including but not limited to adding and/or removing Content.
In connection with the use of our website, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, child protection, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement. You acknowledge sole liability for violations of any such laws or of this Agreement and release BrainPOP from any claims or liabilities with respect to the same.
We make no representation that our website is free of viruses, worms or other malicious or rogue software (“Rogue Programming”). Any downloading of Content or other materials or any other use of our website is at your own risk, and you are advised to take adequate precautions to minimize any loss to you caused by any Rogue Programming, including use of such measures as anti-virus programs and proper backup of files.
You are cautioned that any online communications may not be fully confidential and secure. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel at BrainPOP may, in the course of their regular duties, have access to communications for technical or operational purposes. We may also disclose any communications to the extent permitted or required by law or when required in order to resolve disputes between you and us.
3. No Warranties; Limitations of Liability and Indemnities.
OUR WEBSITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER BRAINPOP NOR ITS EMPLOYEES, MANAGERS, OWNERS, LICENSORS OR ANY OF ITS MEMBERS OR AFFILIATES WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BRAINPOP, ITS EMPLOYEES, MANAGERS, OWNERS, LICENSORS, MEMBERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE OUR WEBSITE, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON OUR WEBSITE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST BRAINPOP, ITS EMPLOYEES, MANAGERS, OWNERS, LICENSORS, MEMBER AND AFFILIATES ARISING FROM OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE AND/OR THE CONTENT. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, BRAINPOP, ITS EMPLOYEES, MANAGERS, OWNERS, LICENSORS, MEMBER AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OR MISUSEOF OUR WEBSITE, UNAUTHORIZED USE OF YOUR ACCOUNT, PASSWORDS OR USER NAMES, OR YOUR FAILURE TO ABIDE BY APPLICABLE LAW.
4. Suspension or Termination of Service or Your Account.
You acknowledge and agree that we reserve the right, at any time, to modify or discontinue our website, or any part of it, without notice to you, and that we will not be responsible or liable, directly or indirectly, to you or any other person for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
5. BrainPOP’s Intellectual Property.
BrainPOP and BrainPOP.com are trademarks of FWD Media, Inc. All product, brand and company names and logos used on our website are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on our website (unless you first receive our express written consent or the consent of the owner of the mark, as appropriate), is strictly prohibited.
BrainPOP trademarks, the BrainPOP logo, and any other product or service name or slogan contained in our website 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 our website, 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 our website 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.
All information and Content, except for User Submissions, contained on, or made available over, our website is 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.
6. License and Site Access.
BrainPOP grants you a limited, non-exclusive, terminable, non-transferable license to access and make personal non-comercial use of our website the Content, to download, stream and edit the Content solely in connection with educational activities and projects. You may not (1) systematically download the Content, (2) create distribution “libraries”, or (3) transfer, sell, rent, display, distribute or exhibit Content to any person who is not covered by a subscription to our websites. . This license does not include any resale or commercial use of our website or the Content; any uploading of Content to the internet except to upload User Submissions to our website ; 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. 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 our website automatically terminates your permission or license to use our Site.
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 our website 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.
Our website 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.
We reserve the right, in our sole discretion, to limit your use of our website and Content in the event that we deem your use to be inconsistent with educational and research purposes, and/or inconsistent with this Agreement.
7. User Submissions.
You may submit videos, images and text to be displayed on our website ("User Submissions"). User Submissions are Content submitted by users of our website, including, without limitation, web log postings, lesson plans, movie ideas and movies. You understand that User Submissions are not confidential.
You shall be solely responsible for the consequences of submitting User Submissions. You represent and warrant that you own or have the necessary licenses, rights, releases, consents, and permissions to use and authorize BrainPOP to use your User Submissions to enable inclusion and use of the User Submissions on and through our website. You shall obtain and send to us a signed copy of this release form for every person who image appears in your User Submissions.
You retain title to your User Submissions. However, by submitting User Submissions, you hereby grant BrainPOP a worldwide, non-exclusive, royalty-free and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and sub-license the User Submissions on and through our website and any of BrainPOP’s (and its successors' and affiliates') websites or businesses, including without limitation for promoting our websites in any media formats and through any media channels. The above license granted by you is perpetual and irrevocable.
You agree not to collect or harvest any personally identifiable information, including account names, from our website, nor to use the communication systems provided by our website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of our website with respect to their User Submissions.
8. Interactive Features.
Our website includes a variety of features, such as, web logs, and email services, which allow interactive User Submissions, including feedback to us and real-time interaction between users. You alone are responsible for the material you post or send. It is a condition of your use of our website that you do not:
You understand that we have no obligation to monitor any bulletin boards, chat rooms, web logs, or other areas of our website through which users can supply information or material.
- Use our website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide our website or its features, or disobey any requirements, procedures, policies or regulations of such servers or networks.
- Use our website to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Use our website to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use our website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, without first obtaining permission from the owner or rights holder.
- Use our website to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use our website to post, transmit or in any way exploit any information, software or other material for commercial purposes.
- Use our website to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind.
- Gather for marketing purposes any personal information that has been posted by other users of our website.
9. Miscellaneous Provisions.
You acknowledge and agree that the website and the Content possess a special, unique and extraordinary character that makes difficult the assessment of the monetary damages that would be sustained as a result of unauthorized use, and that unauthorized use may cause immediate and irreparable damage to BrainPOP for which BrainPOP would not have an adequate remedy at law. Therefore, you agree that, in the event of such unauthorized use, in addition to such other legal and equitable rights and remedies as may be available to BrainPOP, BrainPOP shall be entitled to injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security.
In connection with our website, you may receive hardware or software devices as part of a promotion or other marketing event (each a "Promotional Item"). Any Promotional Item is provided on an "as is" and "as available" basis. Any Promotional Item is for personal use only and cannot be resold. Under no circumstances will we, our employees, managers, members, affiliates or third-party suppliers, be responsible or liable for any damages whatsoever, including direct, indirect, special or consequential damages, that may arise out of or in connection with (i) the provision of a Promotional Item, (ii) the use of, inability to use or performance of a Promotional Item, or (iii) the design, manufacture, operation or malfunction of the Promotional Item. Use of a Promotional Item is subject to the manufacturer requirements, including minimum systems requirements. Additional hardware and/or software may be required in order to use a Promotional Item. Customer service and support is not provided for Promotional Items.
This Agreement is subject to change from time to time, and your continued use of our website is conditioned upon your acceptance of any modifications hereto.
You may email us at email@example.com. You may also send mail us at BrainPOP, 27 W. 24th Street, Suite 1105, New York, NY 10010.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, HAVE HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.