Acceptance of Terms
All trademarks, service marks, trade names and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to BrainWeb Architects, LLC or their respective owners. You may not display or reproduce the Marks other than with the prior written consent of BrainWeb Architects, LLC, and you may not remove or otherwise modify any trademark notices from any Content received through the Site.
By submitting, uploading or transmitting any articles, survey or poll responses, curricula, lesson plans, programs, ideas, feedback or other posts, information, questions, suggestions, submissions or other materials (“User Content”) to the Site, you represent and warrant that you own or have all rights necessary to submit, upload or transmit such User Content and otherwise use it for your intended purpose. You hereby grant BrainWeb Architects, LLC a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, unrestricted license to use, copy, reproduce, distribute, sub-license, modify, edit, adapt, translate, create derivative works of, publicly perform or display, transmit, broadcast or otherwise exploit all or any portion of your User Content, for any purpose, in any and all media now known or later developed, and to publish your screen name in connection with your User Content. You waive all rights to any claim against BrainWeb Architects, LLC for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights and rights of attribution in connection with the User Content, and you acknowledge and agree that you are not entitled to receive any compensation for any User Content you submit, upload or transmit in connection with this Site.
Use and Restrictions
a. unless otherwise permitted by BrainWeb Architects, LLC in the applicable Additional Terms or a separate agreement, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
c. submit, display or transmit any User Content, or any content via the systems or services on which the Site are hosted, in violation of any proprietary rights of, or your contractual obligations to, any third party, or in violation of applicable laws, rules and regulations;
d. submit, display or transmit any images, photographs, graphics, links, audio files, video files or similar content with the intent to interrupt, limit or otherwise impact the performance of the Site or otherwise exceed BrainWeb Architects, LLC bandwidth capacity;
e. submit, display or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters or pyramid schemes;
f. forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted to or via the Site;
g. use the Site, Products and / or the Services to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including, without limitation, rights of privacy or publicity;
h. publish, post, display or disseminate any profane, obscene, indecent, unlawful, terroristic, violent or hateful Content;
i. offer, sell, broker, purchase or seek any unethical, profane, obscene, indecent, unlawful, terroristic, violent or hateful services;
j. collect, store, publish, post, sell, transmit or disclose personal data about other Members or users of the Site unless authorized to do so;
k. upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files or similar software or programs; or
l. restrict or prevent any other Member or other user of the Site from using the Site, Products and/or the Services.
BrainWeb Architects, LLC has no obligation to monitor the Site. However, BrainWeb Architects, LLC reserves the right to review any User Content, and remove, delete, redact or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. BrainWeb Architects, LLC has no obligation to display or post any User Content. BrainWeb Architects, LLC reserves the right to disclose, at any time and from time to time, any information or User Content that BrainWeb Architects, LLC deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute process or government request.
You acknowledge and agree that any user name, login code, identifier or password (each, a “Password”) is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity, whether or not a Member, to access the Site or the Services using such Password. You acknowledge and agree that you are responsible for any use of your username, user ID, login and / or Password, including any fees incurred. You agree to notify BrainWeb Architects, LLC immediately of any unauthorized use of any Password or any other breach of security of which you are aware. You may not use any Password that is not issued directly to you or approved by BrainWeb Architects, LLC. BrainWeb Architects, LLC cannot be responsible, and disclaims all liability in connection with, the use of any information that you submit, post or display on the Site. You should use caution when posting any information, including personally identifiable information to the Site.
Links to BrainWeb Architects, LLC Websites
By linking to the Site you agree that:
a. You will not use the link to promote the sale of goods, services, or causes; to suggest endorsement by BrainWeb Architects, LLC of any goods, services, or causes; or otherwise to misrepresent your relationship with BrainWeb Architects, LLC.
b. Your link will be in text only in the form of www.braintobrainteaching.com, directing the user to the website home page. You may not otherwise use the Brain to Brain Teaching logos, trademarks, or mastheads unless you have a written agreement with us.
c. You will not mirror the home page (or any other pages) of Brain to Brain Teaching or frame the content of the Site, in whole or in part, on your website.
d. You will not present the content appearing on the Site as your own.
e. You will not provide a link to the Site in any context containing content that may be interpreted as libelous, obscene, harassing, or criminal, or which may infringe or is in violation of the rights of any third party.
f. BrainWeb Architects, LLC will not be liable for any damages or claims arising as a result of your link to the Site.
g. BrainWeb Architects, LLC reserves the right to terminate any links to the Site at any time in its sole discretion, and you agree to remove your link upon BrainWeb Architects, LLC’s request.
Links to Third-Party Websites
In the event that you have a dispute with one or more users of the Site, you hereby irrevocably release BrainWeb Architects, LLC and its directors, officers, agents, affiliates, subsidiaries, employees, successors and assigns from any claims, demands or damages, direct, indirect or consequential, of any kind, known or unknown, disclosed and undisclosed, arising out of, related to or in connection with any such dispute.
Warranties and Disclaimer
Limitation of Liability
If any controversy, dispute or claim arising out of or related to your use of the Site, the Products and / or Services or any of the Content arises, the dispute will be resolved exclusively by binding arbitration. However, BrainWeb Architects, LLC will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer or sale of the Site, the Products, the Services, the Marks and / or the Content.