BRAINPOP UK END USER LICENCE AGREEMENT
Welcome to the BrainPOP line of educational products, brought to you by BrainPOP UK, Ltd.
This End User Licence 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 accessing the website and/or the content contained therein, 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 using your account. You also thereby agree to accept a non-exclusive, non-assignable right and licence to use BrainPOP.
Ownership; Copyrights and Trademarks
User acknowledges that ownership of the BrainPOP Product (“the Product”), the BrainPOP Website (“the Website”) and its Content (“the Content”), and all intellectual property or other proprietary rights therein, shall remain with BrainPOP UK Ltd. Without limiting any other legal rights or remedies BrainPOP UK Ltd. may have, User agrees that any and all use of the Content by User is governed by and shall be in compliance with United Kingdom 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 UK Ltd.
Trademark and copyright notices Copyright© BrainPOP UK, Ltd.
BrainPOP, BrainPOP Junior, BrainPOP Español, www.brainpop.com, www.brainpopjr.com, www.brainpop.co.uk, es.brainpop.com, and/or all other BrainPOP logos, characters, names and services referred to on the Website are registered trademarks or trademarks of BrainPOP.com. All rights reserved.
1. User Agreement with BrainPOP UK Ltd.
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 (USER) 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.
1.1 GRANT OF LICENCE: For the Term of the User Agreement, BrainPOP UK Ltd. grants to User a limited, non-exclusive, revocable licence to access the Product strictly via the Website(s) that BrainPOP UK Ltd. may set forth from time to time, and to use the Content in accordance with the terms of this Agreement. This licence may not be transferred to third parties, nor may User allow an unauthorised third party to gain access to the Product, the Content or any Log-In Information (as defined in Section 1.2 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 without compensation by BrainPOP UK Ltd.
1.2 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") on the Website. All Log-In Information must be kept confidential, and may only be used by User under the terms of this agreement. The unauthorised 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 UK Ltd'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 unauthorised persons. Unauthorised access to or use of the Product and/or the Content by someone using User's Log-In information may be attributed to User.
1.3 AMENDMENTS TO USER AGREEMENT: BrainPOP UK Ltd. may from time to time make amendments to this Agreement. Such amendments will become effective when BrainPOP UK Ltd. posts an updated User Agreement on the Website, or when BrainPOP UK Ltd. 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 versions of the User Agreement.
1.4 COMMUNICATIONS FROM BrainPOP UK Ltd: BrainPOP UK Ltd. will periodically contact User for customer service purposes, including without limitation by providing Product information (such as Product updates and Content changes) and professional development. By accessing the Product and the Content, User consents to receive such communications.
2. Links to Other Web Sites
2.1 The Website may include links to other Internet sites solely as a convenience to users. BrainPOP UK Ltd. does not endorse any such sites or the information, material, products or services contained on or accessible through such sites, and User accesses and uses such sites, including information, material, products and services therein, solely at User’s own risk.
3. Use of the Account
3.1 As the Registered Member for an Account, User is entirely liable for all activities conducted through that Account, and 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. User will notify BrainPOP UK Ltd. at firstname.lastname@example.org as to any known or suspected unauthorised use(s) of the Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of User’s Log-In Information. We will have no liability for any circumstances arising from the unauthorised use of a username, password or the Account. Any fraudulent, abusive, or otherwise illegal activity on the Account may be reported to appropriate law-enforcement agencies by BrainPOP UK Ltd. User is solely responsible for providing all computer hardware, telephone and other equipment necessary to access the Product, including without limitation Internet access software and modems. If User has reason to believe that User’s Account is no longer secure (for example, in the event of a loss, theft, or unauthorised disclosure or use of User’s Log-In Information or any credit, debit, or charge card number stored on the Service), User must promptly notify BrainPOP UK Ltd.
4. Provision of Service
4.1 In consideration of User’s payment of the subscription fee, BrainPOP UK agrees to provide User with access to the Product and grants User a non-exclusive licence to use the Product, Website and Content during the subscription period subject to User’s compliance with this Agreement.
4.2 BrainPOP UK will provide User with Log-In Information to enable User to access the Product by sending User an Account Activation Notice Email setting out the full title of the Product, a link to this Agreement, the number of Permitted Users the subscription period start date and expiry date and the username and password required to access the Product. User shall ensure that only the following persons are permitted to access the Product using User’s Log-In Information:
4.2.1 Home school / Family subscription - User only or members of User’s household, family or home school
4.2.2 Educational Establishment subscription - any person within the Licensed Establishment
4.3 If BrainPOP UK reasonably believes that a User’s Log-In Information is being used in any way which is not permitted by this Agreement we reserve the right to cancel access rights immediately without notice, and to block access to the User and, in the case of a Licensed Establishment, all users from the Licensed Establishment.
4.4 If User discloses or shares User’s Log-In Information with another person to allow another person to use the Product on User’s behalf, User agrees to indemnify BrainPOP UK for any losses or damages incurred by us as a result of User’s actions.
4.5 BrainPOP UK may at its sole discretion grant an individual or a Licensed Establishment one Free Trial prior to subscribing to the Product. If we discover that User has requested more than one Free Trial, or has used another name or address to request more than one Free Trial for User’s home or institution, we reserve the right to cancel access. A Free Trial is subject to the terms and conditions set out in this Agreement, except those regarding payment. BrainPOP UK will send User notice that the Free Trial is due to expire at least one (1) week prior to such expiry. If by the date of expiry of the Free Trial User has not placed an order for the full version of the Product BrainPOP UK will terminate User’s access to the Product. If User subscribes to the full version of the Service BrainPOP UK will send User a new Account Activation Notice Email. In any event if BrainPOP UK has not received the applicable subscription fee within two (2) weeks of the date of expiry of the Free Trial, BrainPOP UK will terminate User’s access to the Product.
4.6 BrainPOP UK aims to provide User with uninterrupted access to the Product. However, in the event of long term service disruption, with the exception of termination of the Services, BrainPOP UK shall make reasonable endeavours to provide User with alternative resources or an extension to subscription period in proportion of access time lost.
4.7 BrainPOP UK may update the Product from time to time at its sole discretion, but shall not be under any obligation to do so.
5. Billing Policies
5.1 All subscriptions will be pre-paid annually or monthly as agreed.
5.2 Payment Options: BrainPOP UK accepts Visa, MasterCard, American Express and Purchase Orders.
5.2.1 Once payment has been received we will send you a confirmation email. This email will contain your login information to allow you access to the product you have purchased under the licence terms you have agreed to, or have given us permission to agree to on your behalf by manually placing your order by any other method other than the Website store process. The confirmation email is considered a proof of purchase.
5.3 If User pays User’s subscription fee using a credit card, User certifies to BrainPOP UK that User is at least eighteen (18) years of age and that User is the cardholder of the credit card, or that User is expressly authorized by the cardholder to use the credit card for this purpose.
5.4 Billing Security: BrainPOP UK Ltd. uses Secure Sockets Layer technology that sends User’s credit card data to its computers in encrypted code.
5.5 Credit Card Payments: The type of subscription User has applied for and the applicable subscription fee is set out in User’s Account Activation Notice Email. The BrainPOP UK Ltd. billing system will bill User’s designated credit card for User’s subscription. BrainPOP UK Ltd. is subject to any restrictions imposed by User’s credit card issuer. If payment cannot be charged to User’s credit card or User’s charge is returned to BrainPOP UK Ltd. for any reason, including charge back, BrainPOP UK Ltd. reserves the right to either suspend or terminate User’s access and account, thereby terminating this Agreement and all obligations of BrainPOP hereunder, and thereafter to collect any amount due.
5.5.1 Renewal Policy for Subscriptions Paid by Credit Card: Subscriptions paid by credit card will be renewed automatically and credit cards charged automatically on the anniversary of subscription. To cancel automatic renewal, please send a cancellation request to BrainPOP UK by email to email@example.com at least 5 working days prior to current expiry.
5.6 Purchase Orders: The type of subscription User has applied for and the applicable subscription fee is set out in User’s Account Activation Notice Email. The BrainPOP UK Ltd. billing system will send User a 30 day invoice for the applicable subscription fee payable by BACs or cheque. If User does not pay the 30 day invoice before or on the due date, BrainPOP UK Ltd. reserves the right to either suspend or terminate User’s access and account, thereby terminating this Agreement and all obligations of BrainPOP hereunder, and thereafter to collect any amount due.
5.6.1 User remains obligated to pay BrainPOP UK for the Product regardless of whether the Service is used or not. User’s obligation to pay for the Product begins on the date the Account Activation Notice Email is issued and the Product is first made available to User not the date of User’s first use of the Service. BrainPOP UK will not refund any part of the subscription fee upon User’s termination or cancellation of the Service.
5.6.2 Renewal Policy for Subscriptions Paid by Purchase Order: BrainPOP UK will send User notice that the subscription period is due to expire at least one month prior to expiry. If the subscription is not renewed by the date of expiry of the subscription period BrainPOP UK will terminate User’s access to the Service.
5.7 Revision to Subscription Fee: BrainPOP UK Ltd. reserves the right to change the amount of, or basis for determining, any fees or charges for BrainPOP’s service, and to institute new fees or charges effective upon prior notice, by posting such changes on the Website, and by sending e-mails to members.
5.8 Account Termination: Requests should be sent by e-mail to Customer Service at firstname.lastname@example.org. Members who have pre-paid for an annual or monthly subscription are not entitled to a refund for the unused portion of their subscription period, but BrainPOP UK reserves the right to deal with a termination request on a case-by-case basis.
6. Termination and Effect of Termination.
6.1 Termination: BrainPOP UK Ltd. may terminate this Agreement immediately if: (i) the underlying User Agreement is terminated in accordance with its terms; (ii) User violates this Agreement; (iii) BrainPOP Ltd. believes in good faith that User's conduct violates or may violate applicable law; or (iv) BrainPOP UK Ltd. believes in good faith that the conduct of User is harmful to the interests of BrainPOP UK Ltd. or other subscribers or users.
6.2 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 UK Ltd. and all access to and use of Product, the Website and the Content must cease.
7. User Warranties.
7.1 By accessing the Product and/or the Website 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 UK Ltd. as the owner of the Product and the source of the Content; and (v) all Log-In Information shall be maintained confidentially.
8. Disclaimer of Warranties; Limitation of Liability.
8.1 THE PRODUCT AND THE CONTENT ARE PROVIDED AS THEY APPEAR, 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 UK Ltd. 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 UK Ltd. OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF BRAINPOP UK LTD’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 UK LTD. UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL BRAINPOP UK LTD. BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER DAMAGES.
9.1 User agrees to indemnify, defend and hold harmless BrainPOP UK Ltd., its affiliates and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to (i) User’s violation of this Agreement, and (ii) User’s posting of material to this Website.
10.1 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 England and Wales, without giving effect to any principles of conflicts of law. BrainPOP UK Ltd'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 User related to this agreement shall be brought exclusively in a court of law. BrainPOP is a trademark of BrainPOP UK Ltd. All other trademarks are the property of their respective owners.
11. Restrictions on the Use of Material
11.1 The materials on the Website are owned or licensed by BrainPOP UK Ltd, 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 UK Ltd's copyright and other proprietary rights, or the copyright and other proprietary rights of third parties with whom BrainPOP UK Ltd. has contracted for the right to such materials. Any unauthorised use of these materials may subject User to civil liability and criminal prosecution under applicable laws. Unless otherwise specified, all trademarks, service marks and trade names are proprietary to BrainPOP UK Ltd. In the event User downloads 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 User by BrainPOP. BrainPOP, or our contract partners, does not transfer title to the Software to User. BrainPOP, or our contract partners, retains full and complete title to the Software and all intellectual property rights therein. User may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.
12.1 BrainPOP UK Ltd. welcomes User’s submissions. If User 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 User. None of the Submissions shall be subject to any obligation of confidence on the part of BrainPOP UK Ltd, and BrainPOP UK Ltd 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.
13. Jurisdictional Issues
13.1 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.