BRAININGCAMP LICENSE AND TERMS OF USE

Last Updated: May 2019

These Terms of Use (“Terms”) govern your use of Brainingcamp services, software, and content (collectively, “Services”), including the (i) the website brainingcamp.com, (ii) our mobile iOS apps, and (iii) third-party providers that offer Brainingcamp Services directly or included with their product or service offerings.

By accessing or using these Services you agree to the Terms contained in this agreement (“Agreement”) as well as our Privacy Policy available at www.brainingcamp.com. If you do not agree to these Terms and our Privacy Policy you may not access or use the Services.

1. LICENSE AND OWNERSHIP

All of the Services, visual interfaces, graphics, design, compilation, information, computer code (including source code or object code) are property of Brainingcamp and protected by copyrights, trademarks, trade secrets, trade dress, or other proprietary rights.

Subject to the Terms in this agreement, you are granted a limited non-exclusive, non-transferrable license to use Services (a “License”) for educational non-commercial purposes during the term of your paid or trial period.

You may reproduce your personally generated content as images and videos for non-commercial educational purposes in materials, on websites, in presentations, and on social media sites, provided you cite the content was made with Brainingcamp.

You may NOT do any of the following:

  • modify, reverse-engineer, decompile, disassemble, download (other than temporary loading while accessing the Services), reproduce, copy, or resell the Services or any portion or derivative thereof;
  • commercially sell or provide access to the Services or any portion derivative thereof;
  • enable high volume, automated, electronic processes that apply to the Services or its systems; use any robot, spider, data miner, scraper or other automated means to access the Services or its systems for any purpose;
  • interfere or attempt to interfere with the proper working of the Services;
  • bypass or interfere with any of our security measures or features used to prevent or restrict access to any portion of the Services;
  • frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Services or the Materials;
  • use the Services for any purpose other than their intended purpose as educational tools for the personal benefit of end users or for the limited purpose of evaluating whether you wish to acquire a license in the Services;
  • allow any person access to the Services other than users authorized to use the Services; or
  • use Brainingcamp’s name, trademarks, services marks or logos in any meta tags or any other “hidden text” or compile, repackage, disseminate or otherwise use data extracted from the Site.

This license extends to staff and enrolled students at the school up to the number of teacher and student licenses your school has purchased. The individuals authorized to use the Services under this license are referred to as "Authorized Users." Authorized Users may use the Services at any time during the term of the paid or granted trial period, at school or at home.

2. PAID LICENSES

All paid Licenses must be prepaid. 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 sales@brainingcamp.com. 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 purchasing a License you warrant that you are 18 or older.

We will not automatically renew your License after the expiration of a License term. If you wish to renew your License, you will need to place a new order for a new term.

If you are purchasing a School or District 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 agrees that the purchase of the License and the use of the Services is a proprietary function.

3. RESPONSIBILITIES AND SUPERVISION OF USERS

Schools and Authorized Users are responsible for keeping login details confidential and secure and will not share or permit use of their login details with anyone who is not an Authorized User. Schools and individuals are also responsible for all actions and omissions of their Authorized Users. If you suspect any login details associate with your License are being used by anyone who is not an Authorized User you will promptly change those login details or notify the person responsible for managing those login details.

If your account includes an email address, you consent to receive electronic communications from us to that e-mail address. 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 about your account or important updates to the Services, nor will you be able to perform a password recovery.

If we believe that any use occurring 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 Service, or any other User, we reserve the right to do one or more of the following, at our sole discretion and without notice:

  • issue a warning to you;
  • temporarily or indefinitely suspend any logins or your License entirely;
  • terminate any user's right to use or access the Services, or any user’s account; or
  • terminate your License.
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 Services under your License.

4. AVAILABILITY OF THE SERVICES

We use reputable technology providers and partners to try to minimize the amount of time that the Services are unavailable to Users. We cannot and do not, however, guarantee that the Services will be accessible at all times.

We may need to perform occasional maintenance or other work that will render the Services inaccessible. We will use reasonable efforts to notify you prior to such maintenance by placing notice(s) on our website, via e-mail, or on social media, and to perform such maintenance outside of normal school hours, provided that we will not have any liability if we fail to do so.

5. CHANGES TO THESE TERMS AND SERVICES

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 Services and the Materials from time to time without notice.

6. DISCLAIMERS AND LIMITATION OF LIABILITY

WE PROVIDE THE SERVICES 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 SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREON; (II) THAT THE SERVICES 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 SERVICES; OR (IV) THAT THE SERVICES, ITS SERVERS, THE MATERIALS, OR E-MAILS SENT FROM OR ON BEHALF OF US OR THE SERVICES 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 WEBSITE, APPS, OR ANY RELATED SERVICES. THE OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

IN NO EVENT WILL WE BE LIABLE FOR LOST DATA.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SERVICES 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 SERVICES 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 SERVICES 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.

7. APPLICABLE LAW AND JURISDICTION

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.