Terms of Use

Last updated on June 15, 2020

Welcome to BrainPOP®!

The use of any of the BrainPOP and its affiliates (“BrainPOP”) owned and operated websites and/or mobile applications (Collectively referred to as “Services”), whether accessed via computer, mobile device or otherwise, is subject to these terms and conditions (“Terms of Use”). Your use of the Services constitutes your agreement to the Terms of Use, so please read them carefully. Additional terms and conditions may apply to some services offered on this Website if we post such terms within such services or if we signed a separate agreement with you for such services. Please contact legal@brainpop.com if you have any questions about these Terms of Use.

MINORS: SOME PORTIONS OF THE SERVICES ARE NOT INTENDED FOR MINORS, INCLUDING BRAINPOP EDUCATORS, THE ABOUT BRAINPOP PAGE AND THE STORE. ALSO, REGISTERING AN ACCOUNT REQUIRES SUPERVISION OF A PARENT OR LEGAL GUARDIAN IF YOU ARE A MINOR.

EDUCATORS: IF YOU ARE AN EDUCATOR, WHETHER IN A PUBLIC OR PRIVATE SCHOOL OR EDUCATIONAL ORGANIZATION, THEN, YOU ARE REPRESENTING AND WARRANTING TO US THAT YOU ARE AUTHORIZED TO AGREE TO THESE TERMS OF USE ON BEHALF OF YOUR ORGANIZATION AND YOUR STUDENTS.

The services are operated by BrainPOP LLC and its related companies (“we,” “us”). If you have any questions concerning our Services or the respective operator(s), you may contact us at the following address:

BrainPOP
71 W 23rd St., 17th Fl.
New York, NY 10010
Phone: 212.574.6000
Email: info@brainpop.com


CHANGES TO OUR SERVICES


In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services and suspend, discontinue, delete, modify, or remove any content or functionality offered in the Services from time to time. In addition, in the future, we may charge users for certain content or functionality which may be presently available for free.


PRIVACY POLICY


Please review our privacy policy ("Privacy Policy"), which is incorporated into, and considered part of, these Terms of Use. The Privacy Policy explains our privacy practices for the Services. By visiting our Services, you also consent to our Privacy Policy, so please read them carefully.


OWNERSHIP


Subject to the provisions of these Terms of Use, the Services and all of its subdomains, contents, links, software (whether downloadable or non-downloadable), interfaces, chat rooms, forums, mobile products, applications, services found on our websites, technology, user interfaces, profiles, widgets, messages, links, emails, graphics, images, video, code, sounds, music, games, videos, User Content (as further explained and defined below), Applications (as defined below) all audio visual or other material appearing on or emanating to and/or from our Services, as well as the design and appearance of our Services and the accompanying information and documentation (collectively, “the Content”), are owned by or licensed to us, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. We reserve all rights to the Content.

All product, brand and company names and logos used on the Services are the trademarks or registered trademarks (including, but not limited to the registered trademark “BrainPOP”) of their respective owners. Any use of any of the marks appearing on the Services, whether or not owned and/or operated by us is strictly prohibited (unless you first receive our express written consent or the consent of the owner of the mark, as appropriate).

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 Services, 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.


ACCESS TO THE SERVICES AND LICENSE TO USE


Unless there is a prior written agreement between you and us stating otherwise, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferable, non-commercial, revocable license to access and make personal use of the Services based on the applicable subscription you purchased (“Use License”). If you are an educator, the Use License includes permission to use the Services for educational use within the classroom or the school of your students. This Use License is subject to your full compliance with these Terms of Use.

The Use License does not allow you to: (i) download (other than as necessary for page viewing) or modify the Services or the Content, or any portion thereof, except with our express prior written consent; (ii) reproduce, distribute, duplicate, republish, copy, sell, resell or otherwise exploit or make any commercial use of the Services or the Content; (iii) collect and use any of our offerings, product listings, descriptions or pricing thereof or otherwise attempt to or download and/or copy user account information for benefit of another or in violation of the Use License; (iv) make any derivative use of the Services or the Content; (v) use any data mining or reverse engineering tools, spiders, robots, or similar data gathering and extraction tools; (vi) frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) located on the Services, including that of BrainPOP.

Notwithstanding the above, certain Content is made available for download or printing (such as Activities, Printed Quizzes and FYI pages). You may print or download the page, file or the available material, as applicable, solely for your personal, non-commercial use subject to the Use License. If you are an educator printing or downloading material with Student’s Records (as defined below), you may only use it for educational use within the classroom or the school of the student, and you are solely responsible to obtain parents’ or guardians’ permissions for your use, if required. The download or print function is not intended for any other function.

Any unauthorized use of the Services or violation of these Terms of Use and the Use License automatically terminates your permission to use the Services.


THE CONTENT; SUBMISSION OF USER CONTENT AND USE OF OUR SERVICES


CONTENT


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.

While using our Services, you may be referred to or linked from or to third party sites, such as educational partners whose games are included on our GameUp portal. Users should keep in mind that once they leave BrainPOP and visit a third party site, our privacy policy is no longer in effect. We are not responsible for information, content, terms of use, or privacy policies on these other sites. By browsing and interacting with any other website, you are subject to that website's own rules and policies. Please read those rules and policies carefully before proceeding. Please also keep in mind that you do have the option to block third party links. To do so, please contact our support team at privacy@brainpop.com.

Adult-facing pages of our Services websites may also provide links to social plugins and third party sites that have separate privacy policies and procedures; by clicking through to them, you are subject to their rules and policies. The use of these social media plugins is optional and leads to user-generated content. We are not responsible for information, content, terms of use, or privacy policies at these social networks or third party sites.

We expressly disclaim any and all liability in connection with your use of any features or content provided by third parties. 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.


EMBEDDED CONTENT FROM OUR SERVICES


Our Services may provide you with an “Embedded Features” option that enables you to incorporate certain Content into your own personal, non-commercial websites for use in accessing the materials on our Services (“Embedding”). Your use of Embedding, is subject to these Terms of Use, in all respect, including, but not limited to limitations imposed by the Use License. You must provide a prominent link back to our Services on all pages containing the Embedded Features. Please note that all of the limitations and restrictions and all of the terms included in these Terms of Use apply to the use of this feature. We reserve the right to revoke the license to use the Embedded Features for any reason in our sole discretion and without providing you with explanations or clarifications. You agree to remove the Embedded Features from our Services immediately upon request from us.


USER CONTENT


Student Records:

Student Records are records that are directly related to a student and maintained by BrainPOP on behalf of a school or district subscriber. Each school or district has access to a user-friendly administrator dashboard that allows direct control over the Student Records at all times. The administrator(s) appointed by the school or district can create, update, review, modify, and delete individual accounts, and monitor logins within the individual accounts. We will solely use the Student Records for the purpose of providing and enhancing teacher and student use of the Services.

For more information about Student Records, see our Privacy Policy.


Other User Content:

Certain functionalities within adult-facing pages of our Services may allow you to submit, upload, post, or create (collectively “submit”) certain types of content (“User Content”). Except for Student Records as defined in our Privacy Policy, you acknowledge and agree that we do 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 our Services 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.

By submitting any User Content other than Student Records as defined in our Privacy Policy, you grant us a worldwide, perpetual, 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, the 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 waive any claim to the contrary. You acknowledge and agree that such User Content may be utilized by our 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.

We do not endorse any User Content submitted to our Services and expressly disclaim any and all liability in connection with such User Content. We reserve the right to remove or modify any User Content in any manner, at any time and without prior notice. If you find any inappropriate Content on our Services, we encourage you to report such inappropriate content to: info@brainpop.com.


USER CONTENT RESTRICTIONS


We strictly prohibit the use of our Services for offensive, illegal or harming purposes. You agree not to use our Services (i) 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, or (ii) for purposes that are illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable, as determined in our sole and absolute discretion.

You further agree not to use our Services in a manner that (i) is unlawful, fraudulent, deceptive, or impersonates any person or entity; (ii) uses technology or other means to access unauthorized content or non-public spaces or reverse engineer any functionalities of our Services; (iii) uses any type of automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces; (iv) introduces or attempts to introduce viruses or any other harmful computer code or programs that interrupt, destroy or limit the functionality of our Services or related servers and networks; (v) attempts to gain unauthorized access to our Service’s users’ accounts; (vi) constitutes a criminal offense or otherwise encourages criminal conduct; (vii) gives rise to civil liability; (viii) violates these Terms of Use in any manner; (ix) fails to comply with the Terms of Use applicable to Third Party Content; or (x) uses our Services for creating, sharing and sending unsolicited commercial messages.

Display of User Content on our Services does not constitute our approval or endorsement thereof. We reserve the right to remove any content that we deem to be illegal, offensive or inappropriate, in our sole discretion, and we reserve the right to take action against the user submitting such User Content, including, but not limited to, suspending any or all use of our Services, in any way or manner, or terminating such user's account.


USER ACCOUNT


Certain content and functionalities of the Services require registration in order to be able to enjoy such content and functionalities. We reserve the right to decide which content and functionalities require registration or will require registration in the future. 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. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.

If you provide any information that is untrue, inaccurate, or incomplete (including but not limited to falsely self-identifying), or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Services.

In the course of the registration process to certain features or products in our Services, 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 you a prior written permission to use their image.


STUDENT ACCOUNTS


Our individual accounts system allows you to create student accounts. If you are an educator, you warrant and represent that you are authorized to use our Services with your students on behalf of your school and/or district.

If you are a school, a district or an educator using the individual accounts on behalf of your students, including in a free trial, you warrant and represent that you are authorized to act on parents’/guardians’ behalf or that you have obtained consent from parents or guardians of your students in accordance to the laws governing your jurisdiction.


APPLICATIONS


Our Services may allow you to download certain applications to be used on mobile devices, such as smartphones or tablets (“Application” or “Applications”). The download and use of the Applications is governed by these Terms of Use and by any Terms of Use applicable to the Applications at the time you download onto your mobile device (“Mobile Terms of Use”). Any conflicts between these Terms of Use and the Mobile Terms of Use with respect to Applications shall be resolved in favor of the Mobile Terms of Use.

If you are downloading or accessing an Application via an application store operated by a third party (for example, App Store®), you acknowledge that such third party is not a party to and has not agreed to these Terms of Use or, otherwise, does not sponsor, endorse or have any affiliation with our Services. Your download of Applications through such third parties is subject to their respective terms of use (e.g. App Store® usage rules)

We may charge a fee for downloading the Applications that will be disclosed to you prior to you downloading the Applications. These fees are subject to change. In the event that we change the fees charged for the Applications, we will not provide any type of price protection, refunds or promotional pricing for any reason. Use of the Applications may be subject to standard messaging, data and other fees that may be charged by your mobile carrier. Your carrier may also prohibit or restrict the Applications and the Applications may be incompatible with your carrier or mobile device. If you have any questions concerning this, please contact your carrier to obtain further information.

Please note that our Applications are not available if your school is using a single sign on service.


COPYRIGHT POLICY AND COMPLAINTS


We respect the intellectual property of others. If you believe that any material on our Services infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description of where the material that you claim is infringing can be found on our Services;
  4. Your address, telephone number, and email address;
  5. A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. 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:

BrainPOP
71 W 23rd St., 17th Fl.
New York, NY 10010
Phone: 212.574.6000
Email: legal@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.


DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY


THE SERVICES INCLUDING THE CONTENT AND ALL INFORMATION, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES, THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, 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 SERVICES OR FROM THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OR RELIANCE OR INABILITY TO USE THE SERVICES OR ANY OF THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, OR WHETHER THEY ARISE FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF ANY SERVICES OR ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL OUR TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID, IF ANY, TO US BY THE INJURED PARTY. IN ANY JURISDICTION THAT DOES NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR A TOTAL MAXIMUM AMOUNT, OUR LIABILITY OR LIABILITY OF ANY OF OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AFFILIATES, AGENTS, SUPPLIERS, CUSTOMERS OR LICENSEES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.


INDEMNITY


You agree to indemnify, hold us harmless and, at our option, defend us and our affiliates, and our officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) arising from your improper use of the Services or our products or offerings, your violation of these Terms of Use, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity. We reserve 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 our defense of such claim.


TERMINATION


You may stop using our Services at any time and at your sole discretion, with no need for justification and with no charge, and you may contact us 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 us directly to request editing, deletion or removal of such information. If your account is terminated, your rights to use our Services will cease immediately.


WAIVER


Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by the waiving party.


DISPUTES AND APPLICABLE LAW


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 us. Any dispute relating to or arising from your use of the Services shall be solely adjudicated in the 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.

Without derogating from the above, any claim that you may have in connection with these Terms of Use must first, and before taking any other legal action, be submitted to us in the form of a complaint to info@brainpop.com to enable the parties to resolve the claim in a friendly and effective manner. If the parties fail to resolve the claim in this manner in a reasonable timetable, or if any other claim or dispute in connection with these terms arises, it shall be resolved in the exclusive jurisdiction and venue as specified above. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction at any time.


CHANGES AND SEVERABILITY


You agree to check the Terms of Use periodically for new information and terms that govern your use of our Services. We reserve the right to make changes to our Services, our policies, and these Terms of Use at any time. Posting the modified Terms of Use on our Services will give effect to the revised terms. Your continued use of our Services indicates your acceptance of any revised terms. If you do not agree to the revised terms, stop using our Services immediately. 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.


COMMUNICATION WITH US


You agree to receive communications from us electronically regarding your account, these Terms of Use and the Services, 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.

Please click on this link to view the previous version of our Terms of Use, in effect before June 15, 2020.

Translations

These Terms of Use are also available in Spanish and French. Please note that the English version shall prevail in the case of any conflict between them.