Last modified June 1, 2011
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BrainGenie, Inc. (“BrainGenie”), (which operates the Braingenie website). YOU SHOULD CAREFULLY READ THIS AGREEMENT, AND Braingenie General Privacy Policy and Braingenie COPPA Privacy Policy (the “Privacy Policies”), WHICH ARE INCORPORATED INTO, A PART OF, AND GOVERNED BY THIS AGREEMENT. THIS AGREEMENT GOVERNS YOUR USE OF THE SERVICES AVAILABLE ON THE BRAINGENIE WEBSITE (TOGETHER WITH ASSOCIATED AND SUCCESSOR WEBSITES AND SERVICES, THE “SERVICE”). BY USING OR ACCESSING THE SERVICE, OR BY CONSENTING TO YOUR CHILD’S USE OF THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE THE SERVICE.
1. Changes to this Agreement . BrainGenie reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policies, which is incorporated into, a part of, and governed by this Agreement) at any time, effective with or without prior notice; provided, however, that BrainGenie will provide you with notification of any material changes by email, postal mail, website posting, pop-up screen, or in-service notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Service. Your continued use of the Service following any revision to this Agreement constitutes your acceptance of any and all such changes.
2. Access to the Service .
2.1. Subject to your acceptance of and compliance with this Agreement, BrainGenie grants to you a non-exclusive, non-transferable, revocable limited license to use the Service for your personal non-commercial, private use. You agree not to use the Service for any commercial purposes, or to download, save, copy, transmit or distribute the content of the Service except as specifically allowed in this Agreement.
2.2. BrainGenie may change, modify, suspend, or discontinue any aspect of the Service at any time. BrainGenie may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service without notice or liability. You agree to be bound by any application-, forum-, game-, tool- or content-specific rules published within the Service.
2.3. You expressly agree that the content of the Service may be viewed and accessed only by end users and not by any other website or web publisher.
2.4. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of BrainGenie’s copyrights in and to the Service. BrainGenie reserves the right to terminate your access to the Service without notice if you violate this Agreement or for any reason at BrainGenie’s discretion.
2.5. If you are under the age of 13, you are not permitted to use the Service without the consent of your parent or your school (provided that your school has obtained your parent’s consent). If you are between the ages of 13 and 18, you represent that your parent has reviewed and agrees to be bound by this Agreement on your behalf.
3. Subscription and Fee . We generally charge a fee for use of the Service. We may change the fees charged at any time. Your subscription to the Service will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews each billing period in order to avoid billing of the next subscription fee to the credit card associated with your account. We will bill the subscription fee plus any applicable tax to the credit card associated with your account. You may cancel your subscription at any time and cancellation will be effective immediately. You will continue to have access to the Service until the current billing period ends. We do not provide credits or refunds for any partially-used subscription periods.
4. Ownership of Intellectual Property .
4.1. Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by BrainGenie and its licensors and are protected by law from unauthorized use. The entire contents of the Service (including without limitation all visual content, audio visual content, text (including without limitation, problems), and the arrangement, sequence, structure, and organization of the Service, are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. BrainGenie and BrainGenie logos are trademarks of BrainGenie and may not be used without the express written permission of BrainGenie.
4.2. You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service.
4.3. All comments, feedback, blog statements, suggestions, ideas, and other submissions disclosed, submitted, or offered by you in connection with your use of the Service, including without limitation by email to BrainGenie (collectively, "Submissions") will be the exclusive property of BrainGenie. You agree that unless otherwise prohibited by law, BrainGenie may use, sell, exploit, disclose, revise, and delete the Submissions in any manner, including any public manner, without restriction, without compensation to you, and without identifying you as the creator of the Submissions. You represent and warrant that any Submissions are your original creations, that you have all rights to the Submissions, and that the Submissions do not infringe or violate the rights of any party, including without limitation any intellectual property rights or rights or privacy or publicity. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.
5. Community Areas . If you use a community area of the Service, such as blogs or questions and answer areas . you are solely responsible for your own Submissions, the consequences of posting your Submissions, and your reliance on any information in the community areas or other areas of the Service. In the event that you feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately. The BrainGenie Parties (as defined herein) reserve the right to, but shall not be obligated to, record any dialogue or exchanges in the community areas of the Service. The BrainGenie Parties shall have no responsibility for any actions taken, or failures to take action, with respect to the community areas of the Service or any Submissions.
6. Passwords . BrainGenie has several tools that allow you to record and store information in your account. You are responsible for all actions on the Service by you or under your Service password or account and for taking all reasonable steps to ensure that no unauthorized person shall have access to your Service password or account. Without limiting the foregoing, it is your sole responsibility to (1) control the dissemination and use of any login code and password; (2) authorize, monitor, and control access to and use of your Service account and password; (3) promptly inform BrainGenie of any need to deactivate a password. You grant BrainGenie and all other persons or entities involved in the operation of the Service the right to transmit, monitor, retrieve, store, and use any information recorded and/or stored in your account in connection with the operation of the Service.
7. Usage Rules .
7.1. As a condition of your use of and access to the Service, you agree to comply with the following usage rules, which are provided as an example rather than as a limitation, and any application-, forum-, game-, tool- or content-specific rules published within the Service. You agree that your activities on the Service will not:
(a) copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, Java, CSS, JavaScript or other code;
(b) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service;
(c) use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
(d) distribute any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program;
(e) cover or obscure any notice, banner or advertisement on the Service;
(f) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;
(g) sell the Service or any part thereof including but not limited to user accounts and access to them in exchange for anything of value;
(h) violate any applicable law;
(i) harvest or otherwise collect information about others, including email addresses, without their identification for posting or viewing Submissions;
(j) infringe or violate the rights of any other party, including without limitation any intellectual property rights or rights of privacy or publicity;
(k) be obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or cause embarrassment to any other person as determined by BrainGenie in its sole discretion;
(l) further any chain letters or pyramid schemes;
(m) deliberately mislead anyone as to your identity, impersonate another, or falsely identify the source of any Submissions;
(n) allow another person or entity to use your identity in order to access the Service or post or view Submissions;
(o) post the same Submission more than once, transmit unsolicited messages, or engage in “spam”;
(p) advertise or solicit business;
(q) posting or disclosing on the public areas of the Service personally identifiable or personal information about yourself or another person;
(r) solicit personally identifiable or personal information from another person; or
(s) engage in cheating or any other conduct deemed by BrainGenie to be in conflict with the spirit or intent of the Service, including without limitation, by disrupting the flow of dialogue in a public area, posting comments that are not related to the topic being discussed, restricting any other user from using or enjoying the Service, or exposing BrainGenie or another to any liability or detriment of any kind.
8. Privacy and Protection of Personal Information . BrainGenie respects the privacy of visitors to, and users of, the Service. Information collected from you is subject to BrainGenie’s Privacy Policies. Please see BrainGenie’s Privacy Policies for more information on the collection and use of your information. You acknowledge and agree that the BrainGenie Privacy Policies, including, but not limited to, the manner in which BrainGenie collects, uses and discloses your personally identifiable information and non-personally identifiable information, is incorporated and made part of this Agreement. If you do not agree to BrainGenie's Privacy Policies, then you should not use the Service.
9. Disclaimers; Limitations; Waivers of Liability .
9.1. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER BrainGenie NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "BrainGenie PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, UNCORRUPTED, ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY, OR ERROR-FREE.
9.2. THE BrainGenie PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE BrainGenie PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, UNDER NO CIRCUMSTANCES WILL THE BrainGenie PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID BrainGenie IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
9.3. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
10. Release . You forever release, discharge, and covenant not to sue the BrainGenie Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the BrainGenie Parties, or otherwise, in connection with your use of the Service or your interaction with any party, including any person you designate as a teacher or person that, as your teacher, registers you to use the Service, through or as a result of the Service. In other words, you agree that you cannot sue the BrainGenie Parties if anything happens to you or your property in connection with your use of the Service or your interaction with any party through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.
11. Indemnification . You agree to defend, indemnify and hold harmless the BrainGenie Parties from and against all liability, claims, actions, and expenses, including attorneys' fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in this Agreement. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.
12. Objectionable Content/Copyright Takedown : If you believe your rights have been violated by, or you otherwise object to, any posting, content or information on the Service, please contact us promptly so we can evaluate the claim and take appropriate action. If your complaint includes a claim of copyright infringement, the following policy will apply:
Copyright Policy : It is BrainGenie’s policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the content or materials appearing on this Service contain infringements, please send a notice to the individual and address stated below. Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. BrainGenie will also terminate a subscriber's account if a subscriber is deemed to be a repeat infringer, namely, one who has been notified of bona fide infringing activity more than twice.
13. Third Party Sites and Products . We may include links to third party sites or services, or information about third party products or services. You should review the terms of use and privacy policies of all sites and services you link to from or are referred to by our Service. We do not endorse or take responsibility for these third party offerings. We do not vet or take responsibility for third party sites, services or products or the postings or communications of other users.
14. Governing Law/Waiver of Injunctive Relief .
14.1. This Agreement and all aspects of the Service will be governed by and construed in accordance with the internal laws of the United States and the Commonwealth of Massachusetts governing contracts entered into and to be fully performed in Massachusetts (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state or federal courts located in Boston, Massachusetts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Boston, Massachusetts.
14.2. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and BrainGenie agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to BrainGenie, Inc. (ATTENTION: LEGAL DEPARTMENT), 97 Bay State Road, Palo Alto, CA 94306.
14.3. If you and BrainGenie are unable to resolve a Dispute through informal negotiations within 30 days, either you or BrainGenie may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Streamlined Arbitration Rules and Procedures (the “Rules”) of JAMS, which is available at the JAMS website www.jamsadr.com. The determination of whether a Dispute is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and BrainGenie may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
14.4. You and BrainGenie agree that any arbitration will be limited to the Dispute between BrainGenie and you individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
14.5. You and BrainGenie agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or BrainGenie’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief.
15. Waiver/Severability .
15.1. The failure of BrainGenie to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under them will not be construed as a waiver or relinquishment of BrainGenie's right to assert or rely upon any such provision or right in that or any other instance.
15.2. You and BrainGenie agree that if any portion of this Agreement, except any portion of Section 15.5, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which will continue to be in full force and effect. If Section 15.5 is found to be illegal or unenforceable then neither you nor BrainGenie will elect to arbitrate any Dispute falling within that portion of Section 15.5 found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction in Boston, Massachusetts, and you and BrainGenie agree to submit to the personal jurisdiction of that court.
15.3. Miscellaneous . BrainGenie operates and controls the Service from its offices in the United States. BrainGenie makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject BrainGenie to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement is effective until terminated by either party. You may terminate this Agreement by destroying all Service-related materials obtained from the Service, BrainGenie or any other website or source. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from BrainGenie if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in BrainGenie’s sole discretion. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. You may not assign this Agreement without BrainGenie's prior written consent. This Agreement contains the entire understanding of you and BrainGenie, and supersedes all prior understandings between the parties concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import. Upon BrainGenie's request, you will furnish BrainGenie any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against BrainGenie by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
16. Statute of Limitations . You and BrainGenie both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement (including the Privacy Policies) must be filed within ONE (1) YEAR after such claim or cause of action arose or will be forever barred.
Last modified May 28, 2011
WHAT INFORMATION ABOUT ME IS COLLECTED ON THE SITE?
This General Privacy Policy informs you of the policies of BrainGenie, Inc. (“BrainGenie” "we" or “us” or “our”), which operates the Braingenie website, regarding information that we collect from users of our Braingenie website or other services we may make available from time to time (together with associated and successor websites and services, the "Site"). This General Privacy Policy applies only to information that we collect. There are two types of information that we collect : personally identifiable information and non-personally identifiable information.
Personally Identifiable Information
Personally identifiable information is information that identifies you or can be used to identify or contact you. Such information may include your name, address, email address, telephone number, and billing and credit card information.
Non-Personally Identifiable Information
Non-personally identifiable information is information, any single item of which, by itself, cannot be used to identify or contact you, such as demographic information (like age, profession, current location, zip code, or title). Non-personally identifiable information may also include user IP addresses, browser types, domain names, user name, test results, test scores, awards, problems completed, search history, and other statistical data involving the use of the Site.
WHERE AND WHEN IS INFORMATION COLLECTED ON THE SITE (INCLUDING THROUGH THE USE OF COOKIES AND ACTION TAGS)?
We will collect personally identifiable information from you only if voluntarily submit the information to us. We may also receive personally identifiable information about you from your parent or teacher or from third parties providing credit and debit card authorization and fraud screening services as part of your use of the Site.
Registering to Use the Site and in the Course of Using the Site.
You may be required to establish an account on the Site in order to take advantage of certain features of the Site. If you are under the age of 13, you are not permitted to establish an account on the Site without the consent of your parent. I f you wish to establish an account you will be required to provide us with information (including personally identifiable and non-personally identifiable information) such as name, postal address, email address, and credit card and billing information. We may also receive personally identifiable information about you from your parent or teacher or from third parties providing credit and debit card authorization and fraud screening services as part of the registration process. In addition, we may obtain your personally identifiable information from you if you identify yourself to us by sending us an email with questions or comments.
Cookies and Action Tags.
We collect non-personally identifiable information passively using “cookies” and “action tags.”
“Cookies” are small text files that are placed on your computer in order to identify your Web browser and the activities of your computer on the Site and other websites. Cookies are used to personalize your experience on the Site (such as dynamically generating content on webpages specifically designed for you), to assist you in using the Site (such as saving time by not having to reenter your name upon each visit to the Site), and to allow us to statistically monitor how you are using the Site to help us improve our online offerings. We also may use cookies to determine the popularity of certain content.
The Site uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Site. Persistent cookies may be used by your A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser.
You do not have to accept cookies to use the Site. Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to do so in the "Help" section of the toolbar. While you are not required to accept our cookies to access the Site, if you reject cookies, certain products, offerings, features, or resources of the Site may not work properly, or at all, and you may experience some loss of convenience.
"Action tags," also known as web beacons or gif tags, are a web technology used to help track website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of the Site, including advertisements, or email sent on our behalf, may contain action tags.
By using cookies and action tags together, we are able to gain valuable information to improve the Site.
Finally, you should be aware that third parties may also use their own cookies or action tags when you link to their websites or services on or from the Site. This General Privacy Policy does not govern the use by such third-party websites or services or providers of third-party advertising.
Log Files.
We also collect non-personally identifiable information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Site. This information may be used to analyze trends, to administer the Site, to monitor the use of the Site, and to gather general demographic information. We may link this information to personally identifiable information for these and other purposes such as personalizing your experience on the Site and evaluating the Site in general.
IS INFORMATION THAT I SUBMIT TO THE PUBLIC AREAS OF THE SITE PRIVATE?
No. Any information shared in the public areas of the Site is available to all users. Such information is not protected or treated as confidential, can be used in any manner, and is not subject to this General Privacy Policy. If you wish to keep any information private or proprietary, do not submit it to the public area of the Site, which includes, but its not limited to, the Site’s blog, discussion boards, messages, comment, and question and answer areas, and within your user profile page. The Site monitors the submissions of users to its public areas and does not allow users to disclose personal information publicly – for example, through the question and answer section and other public areas of the Site. NOTWITHSTANDING THE FOREGOING, WE HAVE NO RESPONSIBILITY OR LIABILITY IF YOUR INFORMATION OR IDENTIFY IS MISUSED OR STOLEN, OR IF YOU SUFFER HARM AS A RESULT OF YOUR VOLUNTARY DISCLOSURES.
IS MY USER PROFILE PRIVATE?
No. As noted above, public user profiles are part of the public area of the Site. All information that you include in your public user profile, such as your user name and biography, or that is included by the Site by virtue of your performance on the Site, such as awards you have won, is available to all users. %b When prompted to create a user name and user profile, we advise you to use non-personally identifiable information – i.e., select a screen name that is not similar to your actual name – because such information is publicly available to all users.
WHAT INFORMATION CAN MY TEACHERS AND PARENTS SEE ABOUT ME?
Your parents and any person you have designated as your teacher or that, as your teacher, has registered you to use the Site, can see your name and all information about your use of and performance on the Site (such as your test results, test scores, search history, dates and times that you logged on to the site and performed any problems on the Site, and the results of all problems you have performed).
WHAT INFORMATION CAN MY FRIENDS AND COLLEAGUES SEE ABOUT ME?
Any person you have designated as your friend will receive notice through the dashboard portion of the Site of any awards you have won as a result of your performance on the Site. This information also is in your user profile and is publicly available to any user of the Site.
DOES BrainGenie COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE?
We are committed to protecting the privacy of children. Please see our COPPA Privacy Policy for our guidelines concerning the collection of information from children under the age of 13.
WHAT DOES BrainGenie DO WITH THE INFORMATION IT COLLECTS?
In general, we use the information collected on the Site to provide the Site to you and process your transactions, to help us understand who uses the Site, for internal operations such as to improve the Site, and to contact you for customer service and billing purposes.
We may use your information to send you a welcoming email that may confirm your user name and password. Without requiring you to “opt-in”, we may send you electronic newsletters, contact you about products, services, information and news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with the option to change your preferences. In addition, if you identify yourself to us by sending us an email with questions or comments, we may use your information (including personally identifiable information) to respond to your questions or comments, and we may file your questions or comments for future reference. We may also use the information collected to send you important service announcements and updates regarding the Site or, if applicable, about your billing account status. You will not be able to unsubscribe from these service announcements and updates as they contain important information relevant to your use of the Site.
We may also use the information gathered on the Site to perform statistical analysis of user behavior or to evaluate and improve the Site. We may link some of this information to personally identifiable information for internal purposes only or to improve your experience with the Site.
All information collected may be used or shared by BrainGenie as described in this General Privacy Policy on a worldwide basis.
WHEN DOES BrainGenie DISCLOSE INFORMATION TO THIRD PARTIES?
Except as set forth in this General Privacy Policy or as specifically authorized by you, we will not disclose any information we gather from you on the Site.
Teachers
We may share your name and all information about your use of and performance on the Site (such as your test results, test scores, search history, dates and times that you logged on to the site and performed any problems on the site, and the results of all problems you have performed) with any person that you have designated as your teacher or that, as your teacher, has registered you to use the Site. We do not enter into any agreements with such teachers obligating them to maintain the confidentiality of the information they obtain about you from us. Do not designate a person as your teacher and do not allow a teacher to register you to use the Site if you do not want your personal information shared with such person.
Laws and Legal Rights.
We may disclose your information (including personally identifiable information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose personally identifiable information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the Terms of Use our Site, to detect fraud, for assistance with a delinquent account, or tofor protect the safety and/or security of our users, the Site or the general public.
Third Parties Generally.
We may provide to third parties non-personally identifiable information about you, including where such information is combined with similar information of other users of the Site. For example, we might inform third parties regarding the number of unique users who visit the Site, the demographic breakdown of our registered users of the Site, the test results, search history, and progress of users, or the products and/or services purchased using the Site and the vendors of such products and services. The third parties to which we may provide personally identifiable and non-personally identifiable information may include potential or actual advertisers, providers of advertising products or services (including vendors and website tracking services), merchants, affiliates and other actual or potential commercial partners and customers, sponsors, licensees, researchers and other similar parties.
Outside Contractors.
We may employ independent contractors, vendors and suppliers (collectively, "Outside Contractors") to provide specific services and products related to the Site, such as hosting and maintaining the Site, providing credit card processing and fraud screening, and developing applications for the Site and e-mail services. In the course of providing products or services to us, these Outside Contractors may sometimes have limited access to information collected on the Site, including your personally identifiable information. We require that these contractors (1) protect the privacy of your personally identifiable information consistent with this General Privacy Policy, and (2) not use or disclose your personally identifiable information for any purpose other than providing us with the products or services for which we contracted.
Sale of Business.
We reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of BrainGenie, provided that the third party agrees to adhere to the terms of this General Privacy Policy.
Affiliates.
We may disclose information (including personally identifiable information) about you to our Corporate Affiliates. For purposes of this General Privacy Policy, "Corporate Affiliate" means any person or entity which directly or indirectly controls, is controlled by or is under common control with BrainGenie, whether by ownership or otherwise. Any information relating to you that we provide to our Corporate Affiliates will be treated by those Corporate Affiliates in accordance with the terms of this General Privacy Policy.
DOES THIS GENERAL PRIVACY POLICY APPLY WHEN I LINK TO OTHER WEB SITES?
Our website may contain links to other websites not owned or operated by BrainGenie. However, please be aware that we are not responsible for the privacy practices of such websites. We encourage you to be aware when the Site links to other websites and to read the privacy policies or statements of each and every website. This General Privacy Policy applies solely to information collected by the Site.
IS THE INFORMATION COLLECTED ON THE SITE SECURE?
We want your information (including personally identifiable information) to remain as secure as possible. We strive to provide secure transmission of your information from your computer to our servers through industry-standard techniques.
Notwithstanding the above commitments to protect your information (including personally identifiable information) from loss, misuse or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security or privacy of any information you transmit to us, and you do so at your own risk.
WHAT CHOICES DO I HAVE REGARDING THE COLLECTION, DISCLOSURE AND DISTRIBUTION OF PERSONALLY IDENTIFIABLE INFORMATION?
Except as otherwise described in this General Privacy Policy, we will only use personally identifiable information for the purposes described above or as otherwise disclosed at the time we request such information from you. You must "opt-in" and give us permission to use your personally identifiable information for any other purpose. As noted above, without requiring users to “opt-in”, we may send marketing materials and our electronic newsletter to those who become registered users of the Site. You may change your preference and "opt-out" of receiving such communications by changing that option in the My Profile feature of the Site, following the directions provided in association with the communication, or by contacting
CAN I UPDATE OR CORRECT MY PERSONALLY IDENTIFIABLE INFORMATION?
You have the right to request the restriction of certain uses and disclosures of personally identifiable information as follows. You can contact us in order to (1) update or correct your personally identifiable information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the personally identifiable information maintained about you on our systems (subject to the following paragraph), by accessing My Profile . Such updates, corrections, changes and deletions will not have an effect on other information that we maintain, or information that we have provided to third parties in accordance with this General Privacy Policy prior to such update, correction, change or deletion. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identify before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back-up our systems to protect information from inadvertent loss means that a copy of your personally identifiable information may exist in a non-erasable form that will be difficult or impossible for us to locate. We promise that promptly after receiving your request, all personally identifiable information stored in databases we actively use and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as and to the extent reasonably practicable.
HOW WILL I KNOW IF THERE ARE ANY CHANGES TO THIS GENERAL PRIVACY POLICY?
You should be aware that we may revise this General Privacy Policy at any time, but we will not make changes that result in significant additional uses or disclosures of your personally identifiable information without allowing you to “Opt In” to such changes. We may also make non-significant changes to this General Privacy Policy that generally will not significantly affect our use of your personally identifiable information . We encourage you to check this page periodically for any changes. Your continued use of the Site following the posting of changes to this General Privacy Policy will mean you accept those changes.
WHO DO I CONTACT IF I HAVE ANY PRIVACY QUESTIONS?
If you have any questions or comments about this General Privacy Policy or feel that we are not abiding by the terms of this General Privacy Policy, please contact our Privacy Agent in any of the following ways:
By email:
support@ck12.org
By postal mail or courier:
Attn: Privacy Agent
BrainGenie, Inc.
524 Kendall Ave #2 Road
Palo Alto, CA 94306
BY USING THE SITE OR PERMITTING YOUR CHILD TO USE THE SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS GENERAL PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS GENERAL PRIVACY POLICY, YOU SHOULD NOT USE THE SITE OR PERMIT YOUR CHILD TO USE THE SITE. CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF CHANGES TO THIS GENERAL PRIVACY POLICY THAT DO NOT SIGNIFICANTLY AFFECT THE USER OR DISCLOSURE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION WILL MEAN THAT YOU ACCEPT THOSE CHANGES.
The Child Online Privacy and Protection Act (COPPA) regulates online collection of information from persons under the age of 13 (collectively, “Children”; individually, a “Child”). The information in this COPPA Privacy Policy outlines our commitment as an operator of the site to protect the privacy and safety online of Children. The policies outlined in this COPPA Privacy Policy are intended to supplement the information appearing in the General Privacy Policy. Where the COPPA Privacy Policy conflicts with the General Privacy Policy with regard to information about a Child, the terms of this COPPA Privacy Policy will prevail over the General Privacy Policy.
The operator collecting or maintaining personal information from Children through the Braingenie website is BrainGenie, Inc.. Any inquiries regarding the site's privacy policies should be directed to:
Privacy Liaison
BrainGenie, Inc.
524 Kendall Ave #2
Palo Alto, CA 94306
Phone: 508-353-1856
privacy@braingenie.com
This site may collect personal information from Children directly or passively through cookies and similar devices. Detailed information regarding cookies may be found in the General Privacy Policy.
The information we directly collect includes the following: first and last name; street address; city; state or province; zip code; country; telephone number; e-mail address; user profile; user name; password; and credit card information. When prompted to create a user name and user profile, we advise you to use non-personally identifiable information – i.e., select a screen name that is not similar to your actual name – because such information is publicly available to all users.
The information we passively collect through cookies and similar devices includes the following: web page the user is currently viewing; last web page visited; date and time use logged on to the website; user’s IP address; test results; test scores; search history; all problems attempted or completed on the site; and awards earned through performance on the site.
The collected information may be used to fulfill a requested transaction and provide the requested services, keep records, to make recommendations to a Child regarding other skill subjects they may want to explore on the site based on their progress on the site, and/or market back to the Child. The site monitors the submissions of users to its public areas and does not allow users to disclose personal information publicly – for example, through the question and answer section and other public areas of the site.
The operator does not disclose personal information collected from Children to third parties other than to persons who provide support for the operations of the site and who do not use the information for any other purpose, except as follows:
We may share your name and all information about your use of and performance on the site (such as your test results, test scores, search history, dates and times that you logged on to the site and performed any problems on the site, and the results of all problems you have performed) with any person that you have designated as your teacher or that, as your teacher, has registered you to use the site. We do not enter into any agreements with such teachers obligating them to maintain the confidentiality of the information they obtain about you from us. Do not designate a person as your teacher and do not allow a teacher to register you to use the site if you do not want your personal information shared with such person.
We may disclose personal information collected from Children if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose personal information collected from Children in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the Terms of Use for our site, to detect fraud, for assistance with a delinquent account, or to protect the safety and/or security of our users, the site or the general public.
We reserve the right to transfer the personal information collected from Children to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of BrainGenie, provided that the third party agrees to adhere to the terms of this COPPA Privacy Policy.
We may disclose personal information collected from Children to our Corporate Affiliates. For purposes of this COPPA Privacy Policy, "Corporate Affiliate" means any person or entity which directly or indirectly controls, is controlled by or is under common control with BrainGenie, whether by ownership or otherwise. Any information relating to you that we provide to our Corporate Affiliates will be treated by those Corporate Affiliates in accordance with the terms of this COPPA Privacy Policy.
We believe that the information required by the site is reasonably necessary to participate in the site’s services and activities and we are not permitted to condition a Child’s participation in an activity on the Child’s disclosure of more personal information than is reasonably necessary to participate in the activity. The parent of a Child may (a) consent to the collection and use of their Child’s personal information without consenting to the disclosure of that information to third parties except as necessary to operate the site; (b) review and have deleted the personal information of a Child; and (c) refuse to permit further collection or use of their Child’s personal information. If you wish to do any of the above, please contact us at:
Privacy Liaison
BrainGenie, Inc.
524 Kendall Ave #2 Road
Palo Alto, CA 94306
Phone: 508-353-1856
Please note, however, that because the collected information is necessary to provide certain site services, such as graphs of a user’s performance progress, certain site services, products, offerings, features, or resources may not work properly, or at all, if a parent's consent is revoked, a parent refuses to allow us to further use or collect their Child's information, or a parent directs us to delete the information in accordance with a parent's rights described above.
The operator of this website, BrainGenie, Inc., wishes to collect personal information from your child. Pursuant to The Child Online Privacy and Protection Act (COPPA), a parent’s consent is required for the collection, use, and/or disclosure of personal information from a child under the age of 13. Please review our COPPA Privacy Policy below. If you consent to the collection, use, and disclosure of your child’s personal information, please signify your consent by entering your credit card information where indicated. We will charge your credit card for the subscription fee associated with use of this website.
COPPA Privacy Policy
The Child Online Privacy and Protection Act (COPPA) regulates online collection of information from persons under the age of 13 (collectively, “Children”; individually, a “Child”). The information in this COPPA Privacy Policy outlines our commitment as an operator of the site to protect the privacy and safety online of Children. The policies outlined in this COPPA Privacy Policy are intended to supplement the information appearing in the General Privacy Policy. Where the COPPA Privacy Policy conflicts with the General Privacy Policy with regard to information about a Child, the terms of this COPPA Privacy Policy will prevail over the General Privacy Policy.
The operator collecting or maintaining personal information from Children through the Braingenie website is BrainGenie, Inc.. Any inquiries regarding the site's privacy policies should be directed to:
Privacy Liaison
BrainGenie, Inc.
524 Kendall Ave #2
Palo Alto, CA 94306
Phone: (508) 353-1856
privacy@braingenie.com
This site may collect personal information from Children directly or passively through cookies and similar devices. Detailed information regarding cookies may be found in the General Privacy Policy.
The information we directly collect includes the following: first and last name; street address; city; state or province; zip code; country; telephone number; e-mail address; user profile; user name; password; and credit card information. When prompted to create a user name and user profile, we advise you to use non-personally identifiable information – i.e., select a screen name that is not similar to your actual name – because such information is publicly available to all users.
The information we passively collect through cookies and similar devices includes the following: web page the user is currently viewing; last web page visited; date and time use logged on to the website; user’s IP address; test results; test scores; search history; all problems attempted or completed on the site; and awards earned through performance on the site.
The collected information may be used to fulfill a requested transaction and provide the requested services, keep records, to make recommendations to a Child regarding other skill subjects they may want to explore on the site based on their progress on the site, and/or market back to the Child. The site monitors the submissions of users to its public areas and does not allow users to disclose personal information publicly – for example, through the question and answer section and other public areas of the site.
The operator does not disclose personal information collected from Children to third parties other than to persons who provide support for the operations of the site and who do not use the information for any other purpose, except as follows:
Teachers.
We may share your name and all information about your use of and performance on the site (such as your test results, test scores, search history, dates and times that you logged on to the site and performed any problems on the site, and the results of all problems you have performed) with any person that you have designated as your teacher or that, as your teacher, has registered you to use the site. We do not enter into any agreements with such teachers obligating them to maintain the confidentiality of the information they obtain about you from us. Do not designate a person as your teacher and do not allow a teacher to register you to use the site if you do not want your personal information shared with such person.
Laws and Legal Rights.
We may disclose personal information collected from Children if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose personal information collected from Children in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the Terms of Use for our site, to detect fraud, for assistance with a delinquent account, or to protect the safety and/or security of our users, the site or the general public.
Sale of Business.
We reserve the right to transfer the personal information collected from Children to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of BrainGenie, provided that the third party agrees to adhere to the terms of this COPPA Privacy Policy.
Affiliates.
We may disclose personal information collected from Children to our Corporate Affiliates. For purposes of this COPPA Privacy Policy, "Corporate Affiliate" means any person or entity which directly or indirectly controls, is controlled by or is under common control with BrainGenie, whether by ownership or otherwise. Any information relating to you that we provide to our Corporate Affiliates will be treated by those Corporate Affiliates in accordance with the terms of this COPPA Privacy Policy.
We believe that the information required by the site is reasonably necessary to participate in the site’s services and activities and we are not permitted to condition a Child’s participation in an activity on the Child’s disclosure of more personal information than is reasonably necessary to participate in the activity. The parent of a Child may (a) consent to the collection and use of their Child’s personal information without consenting to the disclosure of that information to third parties except as necessary to operate the site; (b) review and have deleted the personal information of a Child; and (c) refuse to permit further collection or use of their Child’s personal information. If you wish to do any of the above, please contact us at:
Privacy Liaison
BrainGenie, Inc.
524 Kendall Ave #2
Palo Alto, CA 94306
Phone: (508) 353-1856
privacy@braingenie.com
Please note, however, that because the collected information is necessary to provide certain site services, such as graphs of a user’s performance progress, certain site services, products, offerings, features, or resources may not work properly, or at all, if a parent's consent is revoked, a parent refuses to allow us to further use or collect their Child's information, or a parent directs us to delete the information in accordance with a parent's rights described above.