Terms and Conditions

PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. THESE TERMS OF SERVICE GOVERN YOUR USE OF THIS WEBSITE AND ALL SERVICES OFFERED THROUGH THE WEBSITE.

This www.BrillKids.com Website ("Site") is provided to you (the "User") by BrillKids, Inc. and its affiliates on the condition that you accept the terms of use. By using this site, you agree to abide by these terms. If you do not agree to these terms, please discontinue your use of this site immediately. Please read the following terms and conditions carefully and be sure you understand them. Your use of the Website constitutes acceptance of the terms and conditions outlined in it (the "Agreement"). We reserve the right to change these terms from time to time so it is important that you review these terms every time you use the Website. Continued use of the site following any such change means you accept and will abide by the change, Click here to read our Privacy Policy.

These Terms of Use were last updated on March 31, 2009. Please check this page periodically for any modifications.

 

Privacy

Any information provided by you or gathered by BrillKids or third parties during any visit to the Site is subject to the terms of the BrillKids Privacy Policy, the terms of which are incorporated by reference in these Terms and Conditions. For the full text of our Privacy Policy, please click here.

Eligibility and Registration for a BrillKids Membership

You do not have to be a BrillKids Member to use this Site. However, only Members can access some of the most popular features and Services that BrillKids has to offer. Membership is free and is open to anyone who are 18 years old or older. If you are not registered with us, please click here to register and become eligible for all of BrillKids' features. To register, you must provide us with your name, address, email address and other information that we may ask for from time to time ("Registration Data"). You will also be asked to select a password which, along with your email address (or user name) will serve to identify you as a Member each time you visit the Site and allow you to access your account. You may not (i) select or use a user name of another person with intent to impersonate that person, (ii) use a user name in which another person has rights without authorization from that person, or (iii) use a user name that BrillKids, at its sole discretion, deems offensive. Members are not permitted to have more than one account or to share accounts with another person. Any duplicate accounts are subject to cancellation.

You will not use false identities or impersonate any other person or use a Username or password that you are not authorized to use. BrillKids reserves the right to require you to change your Username for any reason and may do so at anytime. You agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update the Registration Data to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or BrillKids has reasonable grounds to suspect that you have, we have the right to suspend or terminate your membership and refuse any and all current or future use of the Site and the Services (or any portion thereof).

Members must immediately notify BrillKids of any known or suspected unauthorized use of a Member's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Member's password. Each Member is responsible for the confidentiality of their user name and password and all usage or activity on their account, including use of the account by any third party (which is prohibited), whether or not such use is authorized by the Member or the result of the Member authorizing a third party to use the Member's Username and password.

You can register to receive BrillKids newsletters by completing a short form registration. You will not be a BrillKids Member when you complete this short form. However, you can convert this limited registration into a full membership at any time by completing the full membership registration form.

Access to Certain Content: Fees and Billing

BrillKids Members may be able to access and/or purchase certain premium content ("Premium Content") through the Site or Services in a few different ways including: (i) BrillKids Members can pay a monthly subscription fee to view certain Premium Content for the applicable time period ("Subscription Fee"); or (ii) BrillKids Members can pre-pay a one time fee to download certain Premium Content for a certain amount of time as stated in their choice of course subscription ("Pre-Paid Course Fee"). Fees are refundable at BrillKids' sole discretion. There is no prorated refund of any fees upon any termination or cancellation. You agree to immediately pay any amounts accrued, but remaining unpaid, as of termination (if any).

You hereby authorize BrillKids to collect fees by charging the credit card you provide to us as part of your BrillKids account information, either directly or indirectly via a third party online payment service, such as PayPal, AsiaPay or WorldPay.

Communications from BrillKids

By registering for a BrillKids Membership, you will receive online communications from BrillKids. To opt out of receiving online communications from BrillKids or to choose which types of communications you wish to receive, you may visit "My Account," to select the types of communications you wish to receive, or send an email to support@brillkids.com. In addition, you may opt out of receiving a specific type of online communication at any time by following the unsubscribe instructions included in every online communication you receive from BrillKids.

How You Can Use the Services

This Site and the Services offered are intended for your personal, noncommercial use. You may not and agree not to modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from the Services except as permitted herein. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content available on the Site or the Services. Further, you may not use any such automated means to manipulate the Site or the Services, such as automating what are otherwise manual or one-off procedures, or otherwise exceed the limited access granted to you by BrillKids.

Use of and Downloading Contents

BrillKids grants you permission to print or download Contents on the Website so long as the Contents (i) is solely for informational use or for permitted commercial uses in support of the BrillKids products, services, or business interests and is not modified or revised in any manner; (ii) plainly displays all copyright, trademark, trade name, service mark, or any other proprietary notices or legends, in the same form and manner as on the original; and (iii) displays a statement that the Contents are used solely with permission of the BrillKids. You may not engage in systematic retrieval of data or other Contents from this Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from BrillKids. Nor may you mirror on your own website the home page or results pages of this Website. Use of the Contents on this Website for any purpose not expressly permitted in these Terms of Use is prohibited.

If you (or a legal entity you control) own and operate a Website or engage in other Internet activity, such as electronic commerce, communication, publishing and transmission, and want to download, post, publish, or use Contents for any such Website or Internet activity, you will need permission from BrillKids, even though your Website or Internet activity is free of charge.

Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or any other intellectual property right. If you are an owner of intellectual property that believes their intellectual property has been improperly posted or distributed via this Website, please notify BrillKids immediately at: support@brillkids.com, Attention: Legal Department. Any use of the materials, other than as explicitly permitted in the above paragraph, is a violation of BrillKids' copyright and other proprietary rights.

User Postings and Communications

BrillKids offers many opportunities for Members to share information and communicate with other Members, including through our various online forums, blogs, message boards, and through ratings, surveys, polls, and more ("Forums").

BrillKids also publishes articles and tips written and submitted by our Member and our partners on topics that matter to parents. Visitors to the Site can read most of the content on the Site but cannot post or submit content.

Use of the Site and all information of any kind, including graphics, text, photos and images, that is posted, uploaded, transmitted or otherwise submitted by Members to the Site ("Member Content") is subject to the following terms. (1) You take responsibility for all Member Content posted under your Username. If you post or submit any material to the Site, you guarantee to us that you have legal rights to post that material and that it will not violate any law or the right of any person. (2) BrillKids is under no obligation to return any Member Content to you or to acknowledge receipt. (3) You acknowledge that by using the Site, you may be exposed to Member Content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete.

We are not responsible for the accuracy, completeness or usefulness of any Member Content, nor do we endorse such content. We do not verify the identity of people using our Site, and you assume the risk of believing any Member Content you read. (4) We do have the right, but not the obligation, to monitor, screen, edit, review or remove any Member Content at any time and without notice if we believe it will improve our Site, or if we determine that (a) the content violates these Terms and Conditions or any other agreement you have with BrillKids to supply content, (b) removal is necessary to protect the rights, property or personal safety of BrillKids, its users and the public, or (c) if required to do so by law. You should also be aware that any Member Content posted or submitted to our Site will become public and any personal information you post will be accessible to any visitors to our Site.

Conduct of Members and Visitors

We believe that all Members and visitors benefit from basic rules regarding conduct while using the Services. Accordingly, we ask you, and you agree to obey the following basic rules of conduct when using the Site: (1) You will follow these Terms and Conditions and all applicable laws; (2) You will not upload, post, email or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole judgment); (3) You will not upload, post, email or otherwise transmit any content that infringes and/or violates the right of a third party or any law, rule or regulation including but not limited to (a) copyright, patent, trademark, trade secret, or other proprietary right, (b) right of privacy (specifically, you may not distribute another person's personal information without their permission), or publicity; (c) any confidentiality obligation; or (d) any content which you do not have a right to upload. (4) You will not use the Site or the Services to advertise products or services or for other commercial purposes; (5) You will not collect or store personal information about any other individual on the Site, or otherwise stalk, repeatedly contact, or harass another user or PCNI employee; (6) You will not use the Services to harm minors; (7) You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity; (8) You will not post, distribute or transmit any content or software or other computer files that contains a computer virus or other harmful component; (9) You will not engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used in the Internet; and (10) You will comply with the Community Guidelines.

Your Responsibilities

You may use this Site only for lawful, non-commercial purposes. You may not submit or transmit through this Site (whether via discussion boards, user-generated pages, messaging services or otherwise) any material, or otherwise engage in any conduct, that: violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, publicity or other proprietary rights; involves uploading, posting, emailing, transmitting or otherwise making available any Postings that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); is unlawful, threatening, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, pornographic, vulgar, profane, obscene, or any other information that BrillKids deems in its sole discretion to be inappropriate for this Site; victimizes, harasses, "stalks," degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability; harms minors in any way; impersonates any person, business or entity, including the BrillKids Forum or its employees and agents or any forum leader, guide or host, or in any way falsely states or misrepresents your affiliation with a person or entity; involves forging headers or otherwise manipulating identifiers in order to disguise the origin of any Postings transmitted through this Site; 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, or otherwise permit the unauthorized use of a computer or computer network; disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; instigates or encourages others to commit illegal activities or cause injury or property damage to any person; otherwise interferes with the use or enjoyment of this Site by others; encourages conduct that would constitute a criminal offense or that gives rise to civil liability; is intended to promote and/or generate revenue for any third party business activity; or violates these Terms of Use or any guidelines or policies posted on this Site. BrillKids discourages the use of profanity or obscenities in Postings and any Postings containing prohibited language will bounce back to the user. For purposes of clarity, "masked" vulgarity, obscenity or profanity (e.g., "sh*t") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your Posting, message or otherwise on the BrillKids Forum. BrillKids reserves the right to delete any such material from the Site. BrillKids will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service as enumerated above in this section on "Your Responsibilities." You may not use this Site in any manner that could damage, disable, overburden, or impair our servers or networks. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

No Spam

You may not use this Site or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about other users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use this Site to violate the terms of this section. We may terminate your access to or use of the Site immediately and take any other legal action if you, or anyone using your account, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our systems or communications networks.

License to Use Content Submitted

By submitting Member Content to the Site, you grant BrillKids a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, display, adapt, and create derivative works from the Member Content, for any commercial purposes, and to use your name, likeness and any personal information you submit with the Member Content without your prior approval or the payment of any compensation. If BrillKids has entered into a separate written agreement with you covering Member Content or other content provided by you for the Site or Services, then such separate written agreement shall govern to the extent there is a conflict with these Terms and Conditions.

Proprietary Rights

All material published on the Site, including, but not limited to articles, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials (collectively, "Content") is owned by BrillKids or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights. BrillKids owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Site. All trademarks appearing on this Site ("Marks") are trademarks of their respective owners, including BrillKids and its partners. Users are prohibited from using any Marks without the written permission of BrillKids or such third party that may own the Marks. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part without BrillKids' prior written consent. You may download, whenever specifically permitted, one copy of the Content on any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Copying or storing of Content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the Content.

No License Granted

Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of BrillKids. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER BRILLKIDS PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.

Third-Party Websites

This Website provides links to other Websites or resources for your convenience. BrillKids has selected these resources as having some value and pertinence, but their development and maintenance are not under the direction of BrillKids. Thus, the content, accuracy, and suitability of information contained therein, opinions expressed therein, and other links provided by these resources are neither monitored nor reviewed by BrillKids.You acknowledge and agree that BrillKids is not responsible for the availability of such external Websites or resources, and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources and shall not be liable, directly or indirectly, for any damage or loss caused by the use of any such content, product, or materials. You access, use, and rely upon such content, products, or materials at your own risk.

Linking to the Website

Any party seeking to publish any link to this Website on another Website should notify BrillKids in advance of any such link. Any linking to the Website shall be at your own risk and expense and shall not be construed as an endorsement by or implication of any affiliation with BrillKids, unless BrillKids authorizes such linking in advance. BrillKids reserves the right to object to or have removed any link that is determined by BrillKids in its sole judgment to be inappropriate, inconsistent with the Website's image and reputation, or otherwise creates an undue burden on the Website or on BrillKids.

Disclaimer

This Site provides information of a general nature and is designed for educational and entertainment purposes only and is not meant to be a substitute for medical, health, legal, or financial advice from a professional. Consult with your professional for any specific medical, health, legal, or financial concern. BrillKids does not endorse any of the treatments, medications, or products discussed herein.

The material in this Site could include technical inaccuracies or other errors. Your use and browsing of the Site is at your risk. Neither BrillKids nor any other party involved in creating, producing, or delivering the Site shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. BrillKids does not warrant that the functional aspects of the Website will be uninterrupted or error free or that this Website or the server that makes it available are free of viruses or other harmful components. If your use of this Website or the material contained on the Website results in the need for servicing or replacing property, material, equipment, or data, BrillKids is not responsible for those costs.

Without limiting the foregoing, THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BRILLKIDS AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL BRILLKIDS, LICENSORS, OR OTHER SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBLITY OF DAMAGES. BECAUSE SOME STATES/JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BRILLKIDS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. BRILLKIDS reserves the right to make changes to this Website at any time without notice. BRILLKIDS DOES NOT WARRANT THAT THE SITE WILL BE OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES OR ERRORS IN THE MATERIALS, OR OTHER ERRORS OR DEFECTS. YOU USE THIS SITE AT YOUR OWN RISK.

General Provisions and Limitation of Liability

BrillKids may revise these terms from time to time by updating or revising this posting, with the revised terms taking effect as of the date of its posting. BrillKids controls and operates this site from its headquarters in Hong Kong, CHINA SAR and makes no representation that these materials are appropriate or available for use in other locations. If you choose to access this site, you do so on your own initiative and risk and you are responsible for compliance with all applicable laws. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have against BrillKids or any of their respective affiliates, subsidiaries, employees, shareholders, officers, directors or agents with respect to this Website must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the Hong Kong, CHINA SAR, without regard to its conflicts of law provisions. Any legal action or proceeding relating to your access to, or use of, the Website or BrillKids material must be instituted in court in Hong Kong, CHINA SAR.

Copyrights

You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Website without the written permission of BrillKids BrillKids neither warrants nor represents that your use of materials displayed on the Website will not infringe upon rights of third parties not owned by or affiliated with BrillKids Images, photographs, or illustrations displayed on the Website are either the property of, or used with permission by, BrillKids The use of these materials 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 Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Trademarks

The trademarks, logos, and service marks (collectively, the "Trademarks") displayed on this Website are registered and unregistered trademarks of BrillKids, its affiliates and other third parties. 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 this Website without the written permission of BrillKids, or its affiliates or such third party that may own the Trademark displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided herein, is strictly prohibited.

Indemification

You agree to indemnify and hold harmless BrillKids, and their respective affiliates, subsidiaries, employees, shareholders, officers, directors, agents, suppliers, and other third parties assisting in the operation of the site from any claims, liabilities, and expenses (including reasonable attorney's fees) that may arise from your use of the site in any way or from your breach of the terms of this Agreement.

Term and Termination

This Agreement is effective until terminated by BrillKids for any reason, with or without notice. Upon any termination of this Agreement, you agree to discontinue your use and access of the site and immediately destroy all materials obtained
from it.

Miscellaneous

BrillKids reserves the right to make any and all changes to the Site at its sole discretion without notice to users. BrillKids reserves the right to deny access to the Site to anyone at any time, and to terminate this Agreement at any time without notice in its sole discretion. This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.

This Agreement is governed by the laws of Hong Kong, CHINA SAR, without regard to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts in Hong Kong, CHINA SAR in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

This Agreement constitutes the entire agreement between you and BrillKids with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and BrillKids with respect to the Site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved to BrillKids.

Contacting Us

If you have any questions about this privacy policy, or the practices of this Site, please send us a message at support@brillkids.com.

 

Effective Date: June 10, 2009