Terms of Service – Brain Chase New Year's Resolution Challenge

Brain Chase Productions, LLC 

(November 2016)

Welcome To the Brain Chase New Year’s Resolution Challenge!

ALL WHO PARTICIPATE IN A BRAIN CHASE CHALLENGE SHOULD REVIEW THESE TERMS.

IMPORTANT INFORMATION FOR CHILDREN: All children under the age of 18 years old must review these Terms of Service and our Privacy Policy with your parent or guardian, including Special Terms for Children and our Children’s Privacy Policy. If your parent or guardian does not agree to these Terms of Service and our Privacy Policy, you may not use any products or services offered by Brain Chase. You should always get an adult’s permission before using the Internet. 

1.   Introduction.  

We are pleased to offer you and your child access to www.brainchase.com, through which we offer online challenges for all ages by engaging them in challenges under electives such as math, reading, cooking, and fitness (together, the “Challenge”) and other features, tools and content provided by Brain Chase (collectively, the “Service”). When we refer to “you” in this Agreement, we mean the end user of the Service. If the end user is under age 18, “you” refers to a parent or legal guardian of the end user who agrees to this Agreement on behalf of the end user.

2.   Our Agreement. 

Please read these Terms of Service carefully. These Terms of Service and other documents we refer to, like our Privacy Policy and Challenge Terms (together, the “Agreement”), govern your creation of an account and enrollment in any Challenge.  The Agreement is a binding contract between you and Brain Chase Productions, LLC. If you want a copy, you can request it by emailing us at info@brainchase.com.

When you click “I AGREE” to create an account, or by enrolling in a Challenge, you agree to be bound by this Agreement and you specifically agree to abide by the Challenge Terms as of that date (the “Effective Date”).  IF YOU DO NOT AGREE, YOU SHOULD NOT CREATE AN ACCOUNT OR ENROLL IN A CHALLENGE (OR SHOULD DELETE YOUR ACCOUNT AND/OR DISCONTINUE PARTICIPATION IN ANY CHALLENGE IMMEDIATELY).

3.   About Us.  

When we refer to “Brain Chase,” “us,” or “we” in this Agreement, we mean Brain Chase Productions, LLC.  Brain Chase is a private enterprise that provides technology solutions with learning opportunities for children with the goal of fighting summer learning loss.  We are not a school, educational agency or institution. Brain Chase does not receive federal or state funding. 

4.   Your Privacy. 

Your privacy is important to us.  To learn about the information we collect and how we use share and use it, please see our Privacy Policy. For details on information we collect from children, see our Children’s Privacy Policy. You acknowledge and consent to the uses and disclosures of your information (which may include personal information) as described in our Privacy Policy, including our Children’s Privacy Policy, which is incorporated in this Agreement by this reference.

5.   Representations About You and Conditions to Enrollment. 

You represent and warrant that (a) you have read and understand this Agreement and you are 18 years of age or older (or, if you are under 18, you have read this Agreement with your parent or guardian who understands and agrees to it on your behalf), (b) the information that you provide to us about you in connection with your account and any Challenge will be current, true, accurate, supportable and complete, and (c) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country or listed on any U.S. Government list of prohibited or restricted parties. In order to be eligible to enroll in a Challenge, you must agree to abide by (a) the Challenge Terms, (b) the User Covenant, and any other Supplemental Terms (described below) that govern your participation in any Challenge.  If Brain Chase has previously removed you as a user or terminated your account, you are not eligible to enroll in a Challenge. We may, as part of your participation in a Challenge, send you small toys and other items.  These items are not intended to be used by children under the age of 6.

6.   Restrictions On Use of the Service. 

You may not: (a) rent, lease, lend, sell, redistribute, reproduce or sublicense access to the Service, (b) copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, or any part of the Service, or (c) use the account, username, or password of another user at any time, allow any other person to use your account or provide your passwords to any other person or entity. You may not exploit the Service in any unauthorized or unlawful way. If the above restrictions are prohibited by applicable law or by one of our license(s), then the activities are permitted only to the extent necessary to comply with the law or licenses. You may not “mirror” any content contained within this Service without the express prior written consent of Brain Chase.  Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without the prior written permission of Brain Chase or the appropriate copyright owner.

7.   Intellectual Property. 

Brain Chase and its licensors reserve all rights in and to the Service and the Challenge and all related intellectual property not expressly granted under this Agreement. “Brain Chase” and all associated logos displayed within the Service are our trademarks (unless otherwise noted). The content displayed through the Service is protected by law, including without limitation United States copyright law, trademark law, and applicable international treaties. You are granted permission to display, reproduce, distribute, and download the materials on the Service solely for your own personal use, provided that none of the content is modified and all of the legal legends are retained. Brain Chase does not grant you any licenses, express or implied, to the intellectual property of Brain Chase or its licensors except as expressly stated in this Agreement. If you submit comments, suggestions, or other feedback regarding the Service (“Feedback”), you agree that the Feedback is not confidential and we are free to use Feedback for any purpose.       

8.   Third Party Offerings.  

The Service and the Challenges may enable access to third-party products and services (collectively and individually, “Third-Party Services“) offered by third-party product and service providers, such as online educational content providers (“Service Providers”). For example, the reading and math portions of the Challenges are currently offered by Service Providers.  Brain Chase is not responsible for the availability of these Service Providers or their offerings, including for any products or services you may obtain by contacting any of them as a result of your creation of an account or enrollment in a Challenge. Use of Third-Party Services may require you to accept additional terms of service. You agree to comply with any such terms. You hereby agree that, if applicable, we may access information and content about you that we receive from Service Providers via their application programming interface (“API”).  Further, information you make available to Third Party Services is subject to the privacy policies of such third parties.  Brain Chase does not validate or investigate the certification or other requirements and qualifications of Service Providers. You acknowledge and agree that Service Providers are solely responsible for any products or services that they may provide to you and that Brain Chase shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider’s products or services.

The Service and/or Third-Party Services may display, include, or make available content, data, information, applications, or materials from Service Providers (“Third-Party Materials”), or provide links to third-party websites. You acknowledge and agree that Brain Chase is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or websites. Brain Chase does not warrant or endorse and will not have any liability or responsibility to you or any other person for any Third-Party Services, Third-Party Materials or websites.

9.   Challenge Terms, Official Challenge Contest Rules and Other Supplemental Terms. 

Each time you enroll in a Challenge offered by Brain Chase, additional terms, including any payment terms, will apply. Any such terms (each, “Challenge Terms”) shall become a part of this Agreement. The Challenge Terms for our current Challenge are available here. If available, certain students may be eligible to participate in an online contest as part of a Challenge (a “Challenge Contest”), which is governed by official rules applicable to that Challenge Contest.  Our current Official Challenge Contest Rules are available here, and are part of the Agreement. The Challenge Terms and Official Challenge Contest Rules are examples of supplemental terms issued hereunder from time to time (“Supplemental Terms”). If we offer other features through or related to the Service, other supplemental terms applicable thereto may apply. We will present Supplemental Terms within this Agreement or we will present them for review and acceptance at the time of the supplemental activity. You acknowledge and agree that in the event of any conflict between the terms hereof and any Supplemental Terms, the Supplemental Terms shall govern with respect to the matters contemplated thereby. 

10.   Special Terms for Children.  

(a) Your parent or guardian must agree to this Agreement on your behalf in order for you to create an account or enroll in a Challenge.  Your parent or guardian may withdraw his or her consent for you to participate in a Challenge at any time. If your parent or guardian does not give consent, or expressly revokes his or her consent for you to participate in a Summer Challenge, we will terminate your account and remove any personal information that we collect from you.  If that happens, you must immediately cease participation in any Challenge and agree that you will not attempt to create another account or otherwise access the Service unless your parent or guardian gives verifiable consent again.

(b) When you create an account and sign up to participate in a Challenge, we will ask your parent or guardian to provide a credit card number to pay any applicable Fees and to signify that they accept this Agreement, including the Privacy Policy and any applicable Supplemental Terms, on your behalf.  We also retain the right to obtain verifiable parental consent by other means. 

11.   Maintenance and Limitations on Availability.  

During scheduled system maintenance, the Service may be unavailable.  Emergency maintenance may be required in the event of system failure.  We make no guarantees about Service uptime. The Service and the Challenges are not available at all times, in all languages or in all geographies. Brain Chase makes no representation that the Service will achieve any particular uptime, or that the Service or the Challenges are appropriate or available for use in any particular location. Use of the Service and participation in any Challenge is void where prohibited.

12.   Term and Termination. 

This Agreement is effective upon our acceptance after you indicate your assent and provide any required information to initiate your account and will continue until terminated by either you or us. Your right to participate in any Challenge will terminate automatically without notice from us if you fail to comply with any terms of this Agreement. Upon termination of the Agreement, all rights granted to you under this Agreement will cease. 

13.   Disclaimers and Limitations of Liability.  

This section is important – please read it carefully.  It limits Brain Chase’s liability (and the liability of its affiliates) to you. These disclaimers and limitations apply only to the extent permitted by applicable law. Some jurisdictions do not allow disclaimers of implied warranties or limitations of liability, so this Section may not apply to you. 

(a)    Disclaimer of Warranties. EXCEPT AS EXPRESSLY STATED ABOVE, THE SERVICE AND THE CHALLENGES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM, ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY. 

(b)    Limitation of Liability. NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO THE SERVICE. NEITHER WE NOR OUR AFFILIATES WILL HAVE LIABILITY TO YOU FOR DAMAGES IN EXCESS OF THE GREATER OF: (i) U.S. $50.00, OR (ii) THE AMOUNT YOU PAID TO US FOR THE SERVICE AND ANY CHALLENGE, IF ANY, IN THE 12 MONTHS PRIOR TO THE CLAIM. The above limitations apply even if the above stated remedy fails of its essential purpose. 

14.   Consent to Receive Commercial Messages. 

We may need to communicate with you about the Service, and we would like to make certain commercial offers available to you from time to time. AS SUCH, YOU CONSENT TO RECEIVE COMMERCIAL MESSAGES (WHETHER BY PHONE, EMAIL, TEXT OR PUSH NOTIFICATIONS) FROM US OR OUR THIRD PARTY PARTNERS, AND ACKNOWLEDGE AND AGREE THAT YOUR PRIMARY PHONE NUMBERS AND EMAIL ADDRESSES AND OTHER INFORMATION MAY BE USED FOR THE PURPOSE OF INITIATING COMMERCIAL MESSAGES.  We will allow you to choose the methods by which you wish to be contacted, and you may opt out of receiving some of these messages by particular methods, but in order to stop receiving any messages from us whatsoever (including administrative messages regarding the Service), you will need to terminate your account. 

15.   Export and Other Restrictions.  

You may not use or otherwise export or re-export the Service or elements of it, except as authorized by United States law and the laws of the jurisdiction in which the Service was accessed or obtained.  You also agree that you will not create an account or participate in a Challenge if any such activity is prohibited by applicable law. The Service and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

16.   Modifications.                           

We may change the terms of this Agreement from time to time. Any change will be effective when we notify you of the change (via an update delivered by email or through the Service) and you signify your acceptance (via email, text or an electronic click-to-accept method). 

17.   Force Majeure. 

Neither party will be in default for failing to perform any obligation, other than payment of monies, if the failure is caused solely by conditions beyond the parties’ respective control, including acts of God, civil commotion, strikes, terrorism, failure of third party networking equipment, illegal acts of third parties, failure of the public Internet or changes in the accessibility of third party websites, power outages, natural and man-made disasters, labor disputes or governmental demands or restrictions. 

18.   Dispute Resolution and Arbitration Agreement. 

The laws of the State of Texas, excluding its conflicts of law rules, govern this Agreement and your use of the Service. Use of the Service may also be subject to other local, state, national, or international laws.  The exclusive jurisdiction and venue of any action arising out of or related to this Agreement will be Travis County, Texas. The parties agree that any dispute arising out of this Agreement will be submitted for Arbitration in Travis County and subject to the rules of the American Arbitration Association. The parties understand that this shall be the only form of dispute resolution permitted and forgo any right to bring legal action in a court system.  Except where prohibited, the parties hereby agree that any and all disputes, claims and causes of action arising out of, or connected with, the Service or any Challenge shall be resolved individually, without resort to any form of class action. 

19.   Assignment.  

We may freely transfer or assign this Agreement and any of our rights or obligations.  You may not transfer or assign this Agreement or any of your rights or obligations without our prior written consent, and any attempt to do so will be null and void. 

20.   Miscellaneous. 

This Agreement is the entire agreement between Brain Chase and you regarding the Service. Our failure to exercise or enforce any right will not operate as a waiver of such right. Headings and the summaries before each section of this Agreement are provided for convenience and to aid in readability only.  These headings and summaries have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. 

21.  Entire Agreement.

These terms of service constitute the entire agreement between the parties. Any oral agreements made between the parties contradicting its terms are null and void. Any modifications or additions to this agreement must be made in writing and agreed to by all parties.

22. Severability

Should any provision contained herein be found to be unenforceable by a court of law, all other provisions shall remain in tact and effective.