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| Welcome to BrainyZip! Xplore, Inc., its parent, subsidiary, and affiliated companies maintain BrainyZip (the "Site") for personal entertainment, information, education, and communication purposes. You are welcome to browse the Site. You may download material displayed on the Site for personal, non-commercial use. You may not attempt to decompile or reverse engineer any software contained on the Site. You may not remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. You may not distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without written permission from BrainyZip. |
Your access to, and use of the Site, is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree to these Terms and Conditions, your sole and exclusive remedy is to discontinue use of the Site.
Terms and Conditions
1. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the written permission of BrainyZip. BrainyZip neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with BrainyZip.
2. While BrainyZip uses reasonable efforts to include accurate and up to date information in the Site, BrainyZip makes no warranties or representations as to its accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this Site. BrainyZip does not warrant that any of the materials on its web site are accurate, complete, or current. BrainyZip assumes no liability or responsibility for any errors or omissions in the content of the Site. BrainyZip may make changes to the materials contained on its web site at any time without notice. BrainyZip does not, however, make any commitment to update the materials.
3. Your use of, and browsing in the Site, are at your risk. Neither BrainyZip nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "as is", without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
4. BrainyZip assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
5. BrainyZip reserves the right to collect, use, and distribute demographic data about you and your use of the Site in forms that do not identify you individually or reveal your identity.
6. While we are happy to hear from you, as a policy, BrainyZip does not accept or consider creative materials, ideas, or suggestions other than those we specifically request. All ideas, suggestions other voluntary information submitted to our Sites become the property of BrainyZip. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore, we must request that you do not send to us any original creative materials such as screenplays, stories, original artwork, etc. Any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. BrainyZip or its affiliates may use anything you transmit or post for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, BrainyZip is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or services using such information.
7. Images of people or places displayed on the Site are either the property of, or used with permission by, BrainyZip. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
8. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of BrainyZip and its subsidiaries. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of BrainyZip or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that BrainyZip will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
9. BrainyZip has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
10. While BrainyZip may from time to time monitor postings, transmissions and the like on the Site, BrainyZip is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, contains a solicitation of funds, advertising, or a solicitation for goods or services or otherwise violate any law. BrainyZip reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity.
You specifically acknowledge and agree that BrainyZip (and any of its parents, subsidiaries, affiliates, employees, agents or third party content providers) is not liable for any defamatory, offensive or illegal conduct of any user, including you. BrainyZip will fully cooperate with any law enforcement authorities, governmental request or court order requesting or directing BrainyZip to disclose the identity of anyone posting any such information or materials.
You warrant that any material or information that you make available through the Site, including, for example, postings to chat areas and forums, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Site. You will be solely responsible for the content of any material or information that you make available through the Site. You will also be liable for any damage resulting from making any material or information available through the Site.
Further, by making any material or information available through the Site, you automatically grant to BrainyZip a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Site, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user's personal use.
11. You agree to indemnify, defend and hold BrainyZip and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Indemnified Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions. BrainyZip reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with BrainyZip's defense of such claim.
12. The Sites are controlled and operated by Xplore, Inc. from its offices within the State of Texas, United States of America. BrainyZip makes no representation that materials in the Sites are appropriate or available for use in other locations and other countries. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Texas, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party, or BrainyZip bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Texas, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by BrainyZip.
13. Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
14. BrainyZip may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
Last updated September 21, 2011
Copyright 2001-2011 BrainyZip.com All Rights Reserved. Do not duplicate or redistribute in any form.
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