Thank you for your interest in Brainingcamp, our website located at www.Brainingcamp.com (the "Site") and our software! We hope that you, and your students or children, will enjoy our unique online activities. So that you may fully enjoy the Site and our products, we would like for you to be aware of the terms that govern your, and your students or children's, use of the Site and any paid content provided on the Site (the "Content").
As used in this License Agreement (this "Agreement"), "you" and "your" refer to the purchaser (a "Purchaser") of a license to access Content (a "License"). "Brainingcamp," "we," "us" and "our" refer to Brainingcamp.com and Brainingcamp, LLC.
BY CLICKING "I AGREE," YOU SPECIFICALLY AGREE TO THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. If you do not agree to the terms below, please click here to exit the Site.
You also should read the Terms and Conditions for the Site, available here, and Brainingcamp's Privacy Statement, available here, which each contain important information about your use of the Site and the Content.
We offer two types of Licenses to access the Content: Licenses for teachers and schools ("School Licenses") allowing teachers ("Teachers") and their students ("Students") to access the Content under direct Teacher supervision or on their school campus, and Licenses for parents or guardians ("Home Licenses") allowing all others, such as parents and the children in their household, to access the Content outside of school.
When you purchase a License, we will send you log-in information ("Log-In Information") that you may use to set up one or more user accounts ("User Accounts") to access the Content, depending on the rights associated with your License. We also will send you instructions on how to create these User Accounts so that you and your students or children may access the Content (each user accessing the Content via a User Account or Log-In Information, whether a teacher, parent, guardian, student, child or any other individual, is referred to as a "User").
The account(s) you create will consist of a User ID of your choice (subject to availability) and a Password (collectively, User IDs and their associated passwords are referred to as "User Account Information"). As described further in our Privacy Statement, located here, when setting up accounts for Users under the age of 18 ("Minors"), you should take care not to include any information in such User's User ID that may be used to identify that User personally.
If you have purchased a School License, you may create multiple Teacher User Accounts. Each Teacher may then set up separate Class User IDs for each of his or her classes to allow for the use of the Content by Students up to the maximum number of seats you or your school has purchased. If you have purchased a Home License, you may create only a single User Account for use within your household by members of your immediate family.
Please note that only individuals employed as teachers at schools accredited under local state law (or personnel at such schools purchasing on behalf of Teachers) are eligible to purchase School Licenses.
All Licenses must be prepaid. Home Licenses must be purchased by credit card through the Brainingcamp.com Site. School Licenses may be purchased either by credit card or by purchase order.
If you wish to purchase a School License by purchase order, you must print out a quotation from the Brainingcamp.com Site and attach it to your purchase order. We will then send an order confirmation, along with Log-In Information for your License. Unless otherwise noted on the confirmation, payment for orders made via purchase order is due thirty (30) days from the date of the confirmation.
You may cancel your order for the purchase of a License within seven (7) days of the date of purchase by contacting us by e-mail at firstname.lastname@example.org. No refunds will be made after the expiration of this seven-day period.
It is our policy to sell Licenses only to individuals age 18 and older. When you click "I Agree" below and purchase a License, you warrant that you are 18 or older.
For your protection, we will not automatically renew your License after the expiration of the initial License term. If you wish to renew your License, you will need to re-enter your credit card information (or, if a Teacher or other authorized school official that purchased its License by purchase order, submit a new purchase order) after your License term expires.
You may terminate your License at any time by contacting us at email@example.com. However, no credits or refund will be provided for unused portions of the License unless you cancel within seven (7) days after purchasing the License.
If you are purchasing a School License, you warrant that you have the authority to bind your school and/or school district in making the purchase and the terms of this Agreement. To the extent permitted by law, your school agrees to waive any defense of sovereign immunity and agree that the purchase of the License and the use of the Site and the Content is a proprietary function.
Unless otherwise noted on the confirmation of your purchase, your License is valid for twelve (12) months from the date of your purchase. Your License is a limited, nonexclusive, nontransferable, revocable license to access and make personal use of the Content via the Site as described above. This Agreement confers no ownership rights to you and is not a sale of any rights in the Content, the Site, or any other Brainingcamp materials.
If you purchase a School License, this license extends to you and your students up to the number of seats your school has purchased. If you purchase a Home License, this license extends to you and the members of your immediate family living in your home. The individuals authorized to use the Content under this license are referred to as "Authorized Users."
If you purchase a School License, multiple Authorized Users may use the Content at the same time from your school, up to the number of seats purchased. Passwords allocated to Class User Accounts will only be valid during school hours. Teachers also are allowed to create special session passwords that are valid for a twenty-four hour (24) period for after-hour student activity that physically takes place at school, on school computers. These passwords may not be used for student home use. A Teacher, but not Student Users, may access the Content from home. Student Users who wish to use the Content from home must purchase a Home License.
If you purchase a Home License only one Authorized User may use the Content at a time.
We produce multiple educational software products. Your License is limited to those products listed on your purchase confirmation.
Your License does not include any rights to do any of the following:
The foregoing actions are expressly prohibited. In the event of any unauthorized use of the Brainingcamp.com Site, the Content or any portion or derivative thereof, we may suspend or terminate all of your rights under this Agreement without refund, or suspend or terminate an individual User's rights or Log-In Information without refund, or exercise any rights and remedies available to us in law or in equity. Unauthorized use may also subject the User to civil and criminal penalties. You will be responsible for any damages suffered by us as a result of any such unauthorized use by anyone using your Log-In Information or User Account Information.
You may reproduce screen images of the Content solely for non-commercial purposes that support the use of a limited number of Authorized Users (including, without limitation, the production of tutorials and lesson plans). Such reproductions must retain all copyright and proprietary notices contained in the Content.
You acknowledge that the Content is the valuable property of Brainingcamp that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Brainingcamp owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Except as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining our permission.
Your License is not transferable. You and your Authorized Users may only use your Log-In Information in accordance with the terms of this Agreement. As a Purchaser, you are responsible for all use of the Site and access of the Content occurring under the use of User Accounts created under your License. Each Purchaser is responsible for all actions and omissions of his or her Authorized Users. We strongly encourage you to supervise and participate in the use of the Content by Minors.
Unauthorized access of the Content is prohibited. You (and each User accessing the content under your License) are responsible for (i) keeping the Log-In Information and User Account Information confidential and secure, (ii) restricting access to any computer used to access the Content; and (iii) keeping the e-mail address associated with each User Account current.
You consent to receive electronic communications from us to the e-mail address associated with your account. You also agree that any communication via e-mail satisfies any legal requirement that such communications be made in writing. We also may provide such communications on the Site.
You acknowledge that it is important to keep the e-mail address associated with your account current because although you may be able to log into your account using an old e-mail address, you will not receive messages from about your account or important updates to the Site or Content.
We may collect limited usage information associated with your Log-In Information or any User Accounts under your License in order to verify that you and your Authorized Users are accessing the Content in accordance with the terms of this Agreement.
If we believe that any use occurring under your License or User Accounts created under your License, regardless of whether you have knowledge of such use, violates this Agreement or any applicable law, or is harmful to us, the Site, or any other User, we reserve the right to do one or more of the following, at our sole discretion and without notice:
If we take any of these actions against you due to such violations, you will not be entitled to any refund of the purchase price for your License.
You also agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any breach of this Agreement or violation of any law or the rights of a third party by you, your Authorized Users or anyone accessing the Site or the Content under your License.
You agree that your right to use the Content terminates upon the expiration of this License and you and your Authorized Users will not seek to access Content after your License has terminated.
We use reputable technology providers and partners to try to minimize the amount of time that the Site and/or the Content are unavailable to Users. We cannot and do not, however, guarantee that the Site and/or the Content will be accessible at all times.
We may need to perform occasional maintenance or other work to the Site and/or the Content that will render the Site and/or the Content temporarily inaccessible. We will use reasonable efforts to notify you prior to such maintenance by placing notice(s) on the Site or via e-mail, and to perform such maintenance outside of normal school hours, provided that we will not have any liability if we fail to do so.
We also reserve the right to modify the Site and the Content from time to time without notice.
WE PROVIDE THE SITE AND THE CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREON; (II) THAT THE SITE OR YOUR ACCESS TO THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR MATERIALS PROVIDED THROUGH THE SITE; OR (IV) THAT THE SITE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF US OR THE SITE ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
WE DO NOT GUARANTEE OR WARRANT ANY EDUCATIONAL RESULTS AND NO STATEMENTS OR DECLARATIONS FROM REPRESENTATIVES OF BRAININGCAMP, WHETHER WRITTEN OR ORAL, SHOULD BE RELIED UPON AS GUARANTEES OR WARRANTIES OF EDUCATIONAL RESULTS OR IMPROVEMENTS.
WE CANNOT AND DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR ANY RELATED SERVICES. THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
IN NO EVENT WILL WE BE LIABLE FOR LOST DATA OR LOST SCORES.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL INFORMATION, CONTENT, AND MATERIAL AVAILABLE THROUGH OR DESCRIBED ON THE SITE.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE BRAININGCAMP.COM SITE OR THE CONTENT OR THE PURCHASE OF ANY LICENSE, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT THE MAXIMUM LIABILITY THAT BRAININGCAMP MAY HAVE UNDER THIS AGREEMENT OR RELATING TO THE USE OF THE SITE OR CONTENT BY YOU OR YOUR AUTHORIZED USERS IS A REFUND OF THE FEES YOU PAID TO BRAININGCAMP IN THE PRIOR TWELVE MONTHS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
The Site and the Content are created and controlled by us in the State of Texas. The laws of the State of Texas will govern this Agreement, without giving effect to any principles of conflicts of laws.
Each of you and us agree to submit to the nonexclusive personal jurisdiction of the courts located within Texas and waives any objection to venue in said courts.
We make no representation that the Site or the Content is appropriate or available for use in all locations. The Content is subject to United States export controls. By accessing the Site or the Content, you represent and warrant that you (or any person accessing the Site or the Content under your License) are not located in, under the control of, or a national or resident of any country, or on any list of individuals or entities, to which export or transmission of the Content is restricted by applicable U.S. regulation or statute.
This Agreement, including all documents referenced herein, represents the entire understanding between you and us regarding your relationship with us regarding the Content and supersedes any prior statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms.
This Agreement is applicable to you without regard to whether you purchased a license directly from the Site or indirectly through one of our distributors or otherwise. Any agreement between you and a distributor through which you acquire a license will not modify this Agreement.