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TERMS OF SERVICE
BRAINCELLS
Welcome to Braincells, provided by LiveWires Design Ltd., a company incorporated in the Province of British Columbia, Canada (either "we" or "us" - which shall include our content suppliers).
These Terms of Service (ToS) govern your use of this Braincells website and all the content, software and services offered by us at this web address: http://www.braincells.net.
IF YOU DO NOT AGREE, DO NOT USE THIS BRAINCELLS WEBSITE.
- CHANGES TO THE TERMS OF SERVICE.
We may change these Terms of Service at any time. You can review the most current version by clicking on the JOIN button at any time. You are responsible for checking these Terms of Service periodically for changes. We will highlight the latest changes when made, to facilitate your review. If you continue to use Braincells after we post changes to these Terms of Service, you have accepted the new terms.
- REGISTERED USERS.
This website is available only to authorized, registered users. You are required to sign in with a screen name and password to use the website. It is illegal to provide your sign-in information to anyone.
- PRIVACY POLICY.
Our Privacy Policy applies to the use of this site and how we protect the children who use it and forms a part of these Terms of Service.
- ACCESS COSTS.
We are not responsible for any costs to you for access to this website - including through any wireless, mobile device or other communication service(s).
- YOUR RESPONSIBILITIES.
You must obey the law when using Braincells. You and anyone you supervise may not submit or transmit through this website any material, or otherwise engage in any conduct that:
(1) violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
(2) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invades another's privacy, or contains explicit or graphic descriptions, or accounts of, sexual acts;
(3) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(4) impersonates any person, business or entity, including school or school board employees and contractors;
(5) contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, constitutes unsolicited bulk communications or otherwise permits the unauthorized use of a computer or computer network, or interferes with any other party's use and enjoyment of the Web and related services;
- PROPRIETARY RIGHTS.
The messages, text information, software, images, graphics, audio and video, the look and feel of our color combinations, button shapes, and other graphical elements ("Content") on Braincells is either owned or controlled through license by LiveWires Design Ltd. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For clarity, we also own or control copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in all copyright in our original and licensed Content.
- RIGHTS TO CONTENT YOU SUBMIT.
Any content you submit to us is automatically subject to an immediate grant of rights by you to us, without requirement of any further documentation. By submitting to us, you grant us a worldwide, perpetual, non-exclusive, royalty-free license to reproduce and publish your content to Braincells for use by other users. This does not mean we promise or are obliged to actually publish anything that is submitted to us, or to continue to keep the content you give to us on Braincells. We reserve the right to remove or refuse to post any submission for any reason. You may also request in writing that we remove your content and we will do so within seventy-two (72) hours of receipt of your written request. You acknowledge that you are fully responsible for the legality of your content submission and that your content does not infringe the rights of anyone else.
- LICENSE TO USE WEBSITE ONLY.
i) If you are a school you are only licensed to use Braincells and the Content offered, for teaching purposes in your classroom. You may not use the Content in a manner that exceeds the rights granted for your school's use of the Content.
ii) If you are a home user, your rights are for a personal license for use of the Braincells content for your household only.
iii) As licensed users you may not use any data mining or data gathering and extraction tools on the Braincells website. You shall not frame any portion of the Braincells site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute any of the Content without our prior written consent from us. You may not circumvent or disable any mechanisms included on the website or in the Content for preventing the unauthorized use, reproduction or distribution of the Content on the website.
- LICENSE TO USE SOFTWARE.
We may make software available to you, including video games ("Software") for you to download or use. Such Software will be subject to these terms. We grant you a non-exclusive, non-transferable, limited license to install the Software on your computer(s). The Software is protected by copyright and other intellectual property laws and treaties and is owned by us or our licensed suppliers. You may not sell or redistribute the Software. You may not incorporate the Software or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the Software or otherwise attempt to derive the source code. You may not modify, adapt, or create derivative works from the Software in any way. You agree to abide by all laws and regulations in effect regarding your use of the Software. You may not authorize or assist anyone else to do any of the things prohibited in this paragraph.
- DISCLAIMER OF WARRANTIES.
We provide Braincells "as is", "with all faults" and "as available." We make no express warranties or guarantees about the website's performance on your computer(s) and are fully reliant on your access provider for you to be able to use the Braincells website.
- LIMITATION OF LIABILITY.
WHERE ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE BRAINCELLS WEBSITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
- CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.
You agree that the laws of the Province of British Columbia, Canada governs this contract and any claim or dispute that you may have against us, without regard to conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Vancouver, British Columbia, Canada and you agree and submit to the exercise of personal jurisdiction of such courts, for the purpose of litigating any such claim or action.
- SEVERABILITY AND INTEGRATION.
These Terms of Service and our Privacy Policy form the entire agreement between you and us and replace all previous written or oral agreements. Should any part of these Terms of Service or Privacy Policy be found to be invalid, or unenforceable, the remaining portions shall remain in full force and effect.
- TERMINATION.
Your right to use Braincells automatically terminates if you violate these Terms of Service. We also reserve the right, in our sole discretion, to terminate your access to all or part of Braincells, for any reason, with or without notice.
LiveWires Design Ltd. #802, 518 Beatty Street
Vancouver, British Columbia Canada,
V6B 6G8
604 687 5046
www.livewwwires.com
info@livewwwires.com
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