Welcome to BrainPOP®!
MINORS: SOME PORTIONS OF THIS WEBSITE 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.
This Website is operated by BrainPOP LLC and its related companies (“we,” “us”). If you have any questions concerning this Website or its respective operator(s), you may contact us at the following address:
71 W 23rd St., 17th Fl.
New York, NY 10010
CHANGES TO THIS WEBSITE
In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of this Website and suspend, discontinue, delete, modify, or remove any content or functionality offered in this Website 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.
All product, brand and company names and logos used on this Website 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 this Website, whether or not owned and/or operated by us (unless you first receive our express written consent or the consent of the owner of the mark, as appropriate), is strictly prohibited.
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 this Website, 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.
WEBSITES ACCESS AND LICENSE TO USE
The Use License does not allow you to: (i) download (other than as necessary for page viewing) or modify this Website 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 this Website 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 this Website 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 this Website, 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 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 included , you may only use it for educational use within the classroom or the school of the student. The download or print function is not intended for any other function.
WEBSITE CONTENT; SUBMISSION OF USER CONTENT AND USE OF WEBSITE
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.
This Website may include links to third party websites or portions thereof as a convenience to you. Those sites may collect data or solicit personal information from you. We do not monitor or endorse any websites or the information, products or services contained on or accessible through such websites. These websites are not under our control and we are not liable for the content or accuracy of those websites or the products or services offered on or through those websites. If you access such websites, you do so solely at your own risk.
THIRD PARTY CONTENT
EMBEDDED CONTENT INTO THIS WEBSITE
We do not endorse any User Content submitted to this Website 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 this Website, we encourage you to report such inappropriate content to: firstname.lastname@example.org.
For information about Student Records,
USER CONTENT RESTRICTIONS
We strictly prohibit the use of this Website for offensive, illegal or harming purposes. You agree not to use this Website (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.
Display of User Content on this Website 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 this Website, in any way or manner, or terminating such user's account.
Certain content and functionalities of this Website 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, 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 this Website.
In the course of the registration process to certain Website, 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.
Our individual accounts system, My BrainPOP®, allows you to create student accounts. If you are an educator, you warrant and represent that you are authorized to use this Website with your students on behalf of your school and/or district.
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.
COPYRIGHT POLICY AND COMPLAINTS
We respect the intellectual property of others. If you believe that any material on this Website infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing can be found on this Website;
- Your address, telephone number, and email address;
- A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- 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:
71 W 23rd St., 17th Fl.
New York, NY 10010
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
THIS WEBSITE 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 THIS WEBSITE OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE 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 THIS WEBSITE, THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS WEBSITE 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 THIS WEBSITE OR FROM THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OR RELIANCE OR, INABILITY TO USE THIS WEBSITE OR ANY OF THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS WEBSITE, OR WHETHER THEY ARISE FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF ANY OF WEBSITE OR ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS WEBSITE. 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.
You may stop using this Website at any time and in your sole discretion, with no need for justification and with no charge, 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 this Website will cease immediately.
DISPUTES AND APPLICABLE LAW
CHANGES AND SEVERABILITY
COMMUNICATION WITH US
You agree to receive communications from us electronically regarding your account, these Term of Use and this Website, 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.