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Welcome to the BrainPOP line of educational products, brought to you by BrainPOP. This End User License Agreement is a legal document that governs the terms and conditions of your membership in BrainPOP. These terms and conditions are designed to ensure that you have a safe and enjoyable experience with BrainPOP. You should read this Agreement carefully. By activating your account, you acknowledge your agreement with these terms and conditions, as such terms and conditions may be amended from time to time, and represent that you are above legal age, and are either the certified educator, parent or legal guardian of the children registered on your account. You are also agreeing to accept a non-exclusive, non-assignable right and license to use BrainPOP.
User acknowledges that ownership of the Product, the Website and the Content, and all intellectual property or other proprietary rights therein, shall remain with BrainPOP. Without limiting any other legal rights or remedies BrainPOP may have, User agrees that any and all use of the Content by User is governed by and shall be in compliance with United States trademark and copyright laws. Nothing in this Agreement shall be construed to give User ownership in the Product, the Website or the Content. User acknowledges that User has no right to use the Content other than as set forth in this Agreement. All rights not expressly granted are reserved to BrainPOP.
Copyright© BrainPOP.
BrainPOP, BrainPOP Junior, BrainPOP Español, www.brainpop.com, www.brainpopjr.com, es.brainpop.com, and/or all other BrainPOP logos, characters, names and services referred to on BrainPOP are registered trademarks or trademarks of BrainPOP. All rights reserved.
IMPORTANT - READ THESE TERMS CAREFULLY BEFORE USING THE PRODUCT OR ACCESSING THE CONTENT ON THIS WEBSITE. BY ACCESSING THE PRODUCT AND/OR THE CONTENT CONTAINED THEREIN, YOU ACKNOWLEDGE AND REPRESENT THAT YOU ARE AN AUTHORIZED USER; THAT YOU HAVE READ THIS AGREEMENT; THAT YOU UNDERSTAND IT; AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.
a) Grant of License. For the Term of the Subscriber Agreement, BrainPOP grants to User a limited, non-exclusive, revocable license to access the Product strictly via the Website(s) that BrainPOP may set forth from time to time, and to use the Content in accordance with the terms of this Agreement. This license may not be transferred to third parties, nor may User allow an unauthorized third party to gain access to the Product, the Content or any Log-In Information (as defined in Section 2 below). Without limiting any other provisions in this Agreement, any violation of this provision constitutes a breach of this Agreement, and grounds for immediate termination by BrainPOP.
b) Log-In Information. User has been provided with a valid username and password for the purpose of accessing the Product and the Content (the "Log-In Information"). All Log-In Information must be kept confidential, and may only be used by User under the terms of this agreement. The unauthorized use of any Log-In Information, either with or without User's knowledge, shall be deemed a breach of this Agreement, and may constitute a violation of BrainPOP's copyrights. User is responsible for maintaining the security and confidentiality of all Log-In Information, and for preventing access to the Product and/or the Content by unauthorized persons. Unauthorized access to or use of the Product and/or the Content by someone using User's Log-In information may be attributed to User.
c) User Agreement. BrainPOP may from time to time make amendments to this Agreement. Such amendments will become effective when BrainPOP posts an updated User Agreement on the Website, or when BrainPOP otherwise provides notice to User of any amendments. User is responsible for periodically checking the posted User Agreement for updates, and User shall be bound by the terms of the User Agreement posted on the Website at the time of User's Website access. Any amended User Agreement shall supersede the previous version of the User Agreement.
d) Communications from BrainPOP. BrainPOP will periodically contact User for customer service purposes, including without limitation by providing Product information (such as Product updates and Content changes) and Product integration ideas. By accessing the Product and the Content, User consents to receive such communications.
This site may include links to other Internet sites solely as a convenience to users. BrainPOP does not endorse any such sites or the information, material, products or services contained on or accessible through the sites, and you access and use such sites, including information, material, products and services therein, solely at your own risk.
As the Register Member for an Account, you are entirely liable for all activities conducted through that Account, and are responsible for ensuring that any other person who uses the Account is aware of the terms of this Agreement and complies with this Agreement. Each person who uses the Account agrees to be bound by the terms of this Agreement, whether or not such person is a Member. You will notify us at info@brainpop.com of any known or suspected unauthorized use(s) of your 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, Member's password or your Account. Any fraudulent, abusive, or otherwise illegal activity on your Account may be reported to appropriate law-enforcement agencies by us. You are solely responsible for providing all computer hardware, telephone and other equipment necessary to access the Service, including without limitation Internet access software and modems.
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 stored on the Service), you must promptly change your password and notify BrainPOP.
A. All subscriptions will be pre-paid annually.
B. Automatic Billing. BrainPOP billing system will bill your designated credit card for your annual subscription. BrainPOP is subject to any restrictions imposed by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned to BrainPOP for any reason, including charge back, BrainPOP reserves the right to either suspend or terminate your access and account, thereby terminating this Agreement and all obligations of BrainPOP hereunder, and thereafter to collect any amount due.
C. Revision to Subscription Fees. BrainPOP reserves the right to change the amount of, or basis for determining, any fees or charges for the BrainPOP service, and to institute new fees or charges effective upon prior notice, by posting such changes on BrainPOP site, and by sending e-mails to members.
D. Account Termination. Requests should be sent by e-mail to Customer Service at info@brainpop.com. You can also send a fax to (212) 447-5179 or mail a letter to: Attention Customer Service, BrainPOP, PO Box 2000, Mount Kisco, NY 10549. For more information, call Customer Service at 1-212-689-9923. Members who have pre-paid for an annual membership will not be given a refund for the unused portion of their membership.
E. Payment Options. BrainPOP accepts Visa, MasterCard, American Express and Purchase Orders.
F. Billing Security. BrainPOP uses Secure Sockets Layer technology that sends your credit card data to our computers in encrypted code.
G. Subscriptions paid by credit card will be renewed automatically each year on the anniversary of subscription. Credit cards will be charged automatically. To cancel automatic renewal, please send an email to order@brainpop.com.
a. Termination. BrainPOP may terminate this Agreement immediately if: (i) the underlying Subscriber Agreement is terminated in accordance with its terms; (ii) User violates this Agreement; (iii) BrainPOP believes in good faith that User's conduct violates or may violate applicable law; or (iv) BrainPOP believes in good faith that the conduct of User is harmful to the interests of BrainPOP or other subscribers or users.
b. Effect of Expiration or Termination. Upon expiration or prior termination of this Agreement, and except for the continuing uses permitted described above, all rights granted herein shall terminate and revert to BrainPOP and all access to and use of Product, the Website and the Content must cease.
By accessing the Product and/or using the Content, User warrants as follows: (i) User will comply with the Agreement, as it may be amended pursuant to sections above; (ii) any materials User may merge with the Content, as permitted by this Agreement, do not and will not contain any libelous, unlawful or infringing materials or content, and will not infringe upon any party's proprietary rights, including but not limited to statutory or common-law copyright, trademark and right of privacy; (iii) the Product and the Content shall not be modified or altered under any circumstances; (iv) all copyright, trademark and proprietary notices included with, attached to or embedded in the Product or the Content will be maintained without modification, obstruction or deletion, including but not limited to proper attribution to BrainPOP as the owner of the Product and the source of the Content; and (v) all Log-In Information shall be maintained confidentially.
THE PRODUCT AND THE CONTENT ARE PROVIDED AS IS, AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THIS AGREEMENT, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. BrainPOP DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE PRODUCT OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BrainPOP OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF BrainPOP’S OBLIGATIONS HEREUNDER, AND USER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. LIABILITY FOR ALL CLAIMS ARISING HEREUNDER, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF FEES PAID OR PAYABLE BY SUBSCRIBER TO BrainPOP UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL BrainPOP BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER DAMAGES.
You agree to indemnify, defend and hold harmless BrainPOP, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to (i) your violation of this agreement, and (ii) your posting of material to this site.
This agreement and the resolution of any dispute related to this Agreement or the site shall be governed by and construed in accordance with the laws of New York, without giving effect to any principles of conflicts of law. BrainPOP's failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between BrainPOP and you related to this agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York, New York BrainPOP is a trademark of BrainPOP. All other trademarks are the property of their respective owners.
The materials on BrainPOP are owned or licensed by BrainPOP, and are protected by various laws, including trademark and copyright laws. No material may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, but members may download or print copies of the materials for personal, non-commercial home use only, provided that they maintain all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose (including the use of any such material on any other website or networked computer environment) is a violation BrainPOP's copyright and other proprietary rights, or the copyright and other proprietary rights of third parties with whom BrainPOP has contracted for the right to such materials. Any unauthorized use of these materials may subject you to civil liability and criminal prosecution under applicable laws. Unless otherwise specified, all trademarks, service marks and trade names are proprietary to BrainPOP.
In the event you download software from BrainPOP, the software, including any files, images incorporated in or generated by the software and data accompanying the software (collectively, the "Software"), are licensed to you by BrainPOP. BrainPOP, or our contract partners, does not transfer title to the Software to you. BrainPOP, or our contract partners, retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.
BrainPOP welcomes your submissions. If you send us creative suggestions, ideas, notes, stories, messages, narratives, drawings, concepts, or other information or content ("Submissions"), the Submissions will be deemed, and shall remain, the sole and exclusive property of BrainPOP, and BrainPOP will be entitled to the unrestricted use of the Submissions for any purpose whatsoever, without compensation to you. None of the Submissions shall be subject to any obligation of confidence on the part of BrainPOP, and BrainPOP shall not be liable for any use or disclosure of any Submissions. Without limiting the generality of the foregoing, BrainPOP shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the World, and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise.
BrainPOP makes no representation that materials on BrainPOP are appropriate or available for use in all locations. Those who choose to access BrainPOP do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from BrainPOP is further subject to United States export controls. No software from BrainPOP may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
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