Site Terms & Conditions

 

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 educational games and 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.

As used in these Terms and Conditions (these “Terms”), “you” and “your” refer to the user of the Site (each a “User”), and, if you are under the age of 18 (a “Minor”), includes your parent, legal guardian, or teacher (collectively, “Guardians”).  “Brainingcamp,” “we,” “us” and “our” refer to Brainingcamp.com and Brainingcamp, LLC.

BY USING THE SITE, YOU SPECIFICALLY AGREE TO THESE TERMS.  If you do not agree to the terms below, you are required exit the Site and make no further use of the Site.

You also should read Brainingcamp’s Privacy Statement, available here, and, if you have purchased a license (a “License”) to use our paid content (the “Content”), the Brainingcamp License Agreement (the “License Agreement”), available here, which each contain important information about your use of the Site and, if applicable, the Content.  Please refer to our Privacy Statement if you have any questions regarding the Children’s Online Privacy Protection Act (“COPPA”).  We are committed to compliance with COPPA and do not collect personal information of Minors. 

Brainingcamp Ownership of All Materials on the Site

All of the materials on the Site, including without limitation the Content and any demonstration versions of the Content (collectively, the “Materials”), are the valuable property of Brainingcamp and are protected by copyrights, trademarks, trade secrets, or other proprietary rights.  All Materials are copyrighted as a collective work under the U.S. copyright laws, and Brainingcamp owns a copyright in the selection, coordination, arrangement, and enhancement of the Materials.

Use of the Content is subject to the terms of the License Agreement.

Restrictions on Your Use of the Site

You are granted a limited, non-exclusive, non-transferable and revocable license to copy and display the Materials for non-commercial purposes in accordance with these Terms.  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 Materials, 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 Materials protected by copyright, or other proprietary right, without obtaining our permission.

In addition, you may not do any of the following:

We reserve the right to prohibit or restrict conduct or communication that we deems in our sole discretion to be harmful to Users, us, our affiliates, the Site, or any third party, or to violate any applicable law. 

Unauthorized use of the Materials or violations of these Terms may subject the User, and if such User is a Minor, their Guardian(s), to civil and criminal penalties. 

Submissions

We value User feedback about the Site and the Materials.  Upon submission, all creative suggestions, ideas, notes, artwork, drawings, stories, concepts, or other information of any nature, including responses by Users to activities or questions contained in the Materials or the Content (collectively, “Submissions”) submitted by you to us (whether through the Site or otherwise) shall be deemed to be, and shall remain, our sole and exclusive property.  You shall be deemed to have irrevocably assigned all or your worldwide right, title and interest in and to such Submissions to Brainingcamp, and waived any “moral” or author’s rights therein.  None of the Submissions shall be subject to any obligation of confidentiality on our part, and we shall not be liable for any use or disclosure of all or part of any of the Submissions, except that we will not disclose scores or individual responses to questions of Authorized Users to any person other than the Authorized User or the purchaser of the License who created such Authorized User’s User Account without the consent (which may be electronic) of the Authorized User or his or her Guardian.  Without limiting the generality of the foregoing, we 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, without compensation to the provider of the Submissions.  Submissions should not include information that personally identifies a Minor. 

Changes to these Terms

We reserve the right to make changes to posted policies and these Terms at any time.  It is our policy to post a notice on the site alerting users of a change, but we will not be responsible if for any reason we fail to do so.  Your use of the Site or the Materials after a change in these Terms will constitute your acceptance of the revised Terms.

We also reserve the right to modify the Site and the Materials from time to time without notice.

Disclaimers and Limitation of Liability

WE PROVIDE THE SITE AND THE MATERIALS 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 MATERIALS 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 MATERIALS, 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 SITE OR THE MATERIALS 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 WE MAY HAVE UNDER THESE TERMS OR RELATING TO THE USE OF THE SITE OR THE MATERIALS 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.

Provisions of these Terms Are Severable

The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms 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.

Applicable Law and Jurisdiction for these Terms

The Site and the Materials are created and controlled by us in the State of Texas. The laws of the State of Texas will govern these Terms, 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.

Acknowledgment

These Terms, including all documents or web pages referenced herein, represent the entire understanding between you and us regarding your relationship with us regarding the subject matter of these Terms and supersede any prior statements or representations.  Headings used in these Terms are for reference only and shall not affect the meaning of any terms.

No Affiliation, Sponsorship or Endorsement with Any School

We claim no any affiliation, sponsorship or endorsement by any school or school district, even if it is listed as a client or user on the Site.  Any school or school district listed on the Site has given us permission to make public its use of the Materials, but unless otherwise noted, such listings should not be interpreted as an affiliation, sponsorship, or endorsement of us, the Site, or the Materials.