PRETTY BRAINY

TERMS OF USE

Effective August 1, 2016

Introduction

Welcome to the website of Pretty Brainy (“Pretty Brainy,” “we” or “us”). Please review these Terms of Use, as well as our Privacy Policy, prior to further use of our website. By accessing or using any portion of this website in any manner, you are agreeing to be bound by these Terms of Use, as well as our Privacy Policy, which is incorporated in these Terms of Use by reference. If you do not agree to these Terms of Use, you may not use this website.

These Terms of Use may be updated or revised from time to time. We may do so, at any time, by posting the revised version on this website, which you agree will constitute sufficient notice to you of the modifications. However, to the extent that we are legally required to provide more prominent notice via email or otherwise, we will provide notice in the applicable manner required by law. We suggest that you review these Terms of Use periodically for any changes.

Content of this Website Is Not Advice

The information on this website is provided for general informational purposes only, and not for the purpose of providing advice or giving an opinion regarding any specific facts or circumstances. Information contained on this website may not reflect the most current educational developments and is provided as general information only.

Using this Website or Sending Us Information Does Not Make You an Affiliate, Collaborator or Customer

Sending us information through this website or by e-mail, or your use of this website in any manner, will not create a professional relationship between you and Pretty Brainy, any of its representatives, or any others who may have posted to our blog. Unsolicited e-mails are not binding on this organization and cannot impose valid deadlines or create any obligations on the part of Pretty Brainy or our staff.

Ownership of Website, Contents and Trademarks

All of the content of this website, including but not limited to, all articles, data, user comments, other text, photographs, images, graphics, design and other materials provided on or through this website, and the software and code that comprise and operate this website (collectively “Content”), is owned by Pretty Brainy or its third party licensors (including users who have posted to our blog). Except as provided below, no Content may be copied, reproduced, distributed, downloaded, displayed or transmitted in any form or by any means without the prior written permission of Pretty Brainy.

If you wish to obtain a license to reproduce and display one of our blog posts in its entirety on a third party website, please contact Pretty Brainy and we will send you our Content License Agreement (please be aware that all such uses will require that the Pretty Brainy logo, name of the author and link to our website be contained in such post). Nothing in these Terms of Use shall be construed as transferring any right, title or interest in this website or its Content to you or anyone else, except the limited licenses expressly set forth in these Terms of Use.

This website contains registered and unregistered trademarks and service marks of Pretty Brainy and third parties. You may not use or display any trademarks or service marks displayed on this website without the prior written consent of us.

Blog Policy

We are pleased to offer a Blog on our website. Because the Content on our blog is of a different nature than the Content elsewhere on our website, certain terms applicable to the blog may not be relevant to the remainder of our website, and we have provided those terms here for your convenience.

Moderation of Blog

We want this blog to be a safe place to have conversations. We welcome submissions that comply with these Terms of Use, but it is our goal to protect the blog from abuse and other similar activities. We currently moderate our blog, but we reserve the right to terminate such moderation in whole or part at any time. We have the right to review all submissions to our blog before they are posted, and we reserve the right to refuse to post any submitted Content in our sole discretion. We may choose to edit, remove or refrain from posting comments on the blog if they are off-topic, disrespectful, in violation of these Terms of Use or if we otherwise find them to be inappropriate for any reason whatsoever; however, we have no obligation to do any of the foregoing. We will use our discretion in determining whether to post comments if they contain HTML code, links to websites or e-mail addresses. We may decline to post submissions from those who submit spam or other unwanted communications.

Because of our moderation process, submissions to the blog may not be visible until they have been reviewed and approved by Pretty Brainy or our designees. You agree that our exercise of our right to post, edit or remove any Content submitted to our blog will not convert or transform user-submitted Content to Content owned or provided by Pretty Brainy.

Submissions to Blog

We want conversations on our blog to be polite, on-topic, informative, and respectful. Please keep all submissions focused on the topic being discussed. Do not post any Content to our blog that is, or could reasonably be considered, false, fraudulent, misleading, libelous, defamatory, obscene or sexually explicit, illegal or unlawful, threatening, abusive, hateful, tortious, inflammatory, infringing the privacy rights of any person, or infringing the intellectual property (copyright, trademark, publicity rights or other trade dress rights), contractual or other proprietary rights of any person or entity. Do not post any Content for commercial purposes unless expressly approved by Pretty Brainy in writing. In posting to our blog, you are prohibited from impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity, including without limitation Pretty Brainy. Please do not submit duplicate posts.

By posting on our blog, you agree that you are solely responsible for all information you contribute, link to or otherwise make available on or through the blog, and you hereby release Pretty Brainy and its staff, consultants, agents and third party providers of Content or services (collectively the “Pretty Brainy Parties”) from any and all liabilities, claims or damages related to your posting to, use of, or reliance on the blog. Under no circumstances will the Pretty Brainy Parties be liable in any way for any user-submitted Content made available through this blog by you or any third party.

We respect your privacy. We may ask you to provide a valid e-mail address for verification purposes in order to register to make submissions to this blog. We will not publish your e-mail address in connection with your blog posting, but we may use it to contact you directly if we need to communicate with you, and all email addresses or other personal information collected through our website will be subject to our Privacy Policy.

We want you to remember that published submissions are public as soon as they are posted to our blog and that your blog submissions are not confidential. Please don’t submit any information to us that you do not want to be publicly available. For example, we recommend against posting your full name, address, telephone number, e-mail address or any other information that can be used to identify you directly.

User-submitted Content is owned by the author thereof, and we do not claim ownership of original works created and posted by individual visitors to this website. However, by uploading, posting, transmitting or otherwise making any Content available on or through our website, you are granting to Pretty Brainy a non-exclusive worldwide, perpetual, irrevocable, royalty-free and fully-paid, transferable (including rights to sublicense) license to exercise all copyright, publicity and moral rights with respect to any Content you provide, including without limitation the right to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit and prepare derivative works of such Content (including your name, image, likeness or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you. You represent that all Content submitted by you for posting on this website is either original or that you have the right to grant these stated rights to Pretty Brainy and our licensees.

Third Party Content and Links

This website contains Content provided by third parties (including without limitation certain Content posted on our blog) and links to websites maintained by third parties. We have included these links for your convenience only, and we do not control them. We do not endorse any third parties who have provided Content on our website (including the blog) or to whom we may offer links from our website, and we do not intend to infer any affiliation or association with such third parties. We do not assume any responsibility or liability for the information, products and services provided in any third party Content on our website or links available on or through any third party websites. If you access a third-party website through this website, you do so at your own risk, and such use will be subject to the terms and policies of that website.

Notice of Claimed Copyright Infringement

In the event that you find Content posted on this website which you believe to be an infringement of the copyright ownership or other intellectual property rights of you or any third party, you are requested to immediately contact our Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act (“DMCA”):

• your name, address, telephone number and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
• a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
• a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
• if your claim is based on a registered work, the registration number and the date of issuance of the registration;
• a description of the infringing material and the URL where such material is located on our website, or a description of where on our website you found such material;
• your written statement that you believe, in good faith, that the use of the work on our website has not been authorized by the true owner of the work, its agent, or as a matter of law; and
• a statement that all of the information you have provided is true.

Please send your notice of alleged infringement to our copyright agent by email or by mail at: Copyright Agent, Pretty Brainy, 4717 Bay View Drive, Fort Collins, CO 80526. In accordance with the DMCA, it is our policy to terminate use of our website by repeat infringers in appropriate circumstances.

Indemnification

You hereby agree to indemnify, defend and hold harmless the Pretty Brainy Parties from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of or relating to (a) any Content you have submitted or posted to our website, (b) your use of our website in any manner, and (c) any actions you have taken or refrained from taking due in whole or part to your use of our website or Content you have viewed on the website, including without limitation your actual or alleged violation of these Terms of Use.

DISCLAIMER OF ALL WARRANTIES

THIS WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOUR USE OF OR RELIANCE ON ANY CONTENT AVAILABLE ON THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, PRETTY BRAINY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND UNINTERRUPTED OR ERROR FREE OPERATION, WITH REGARD TO THIS WEBSITE AND ALL CONTENT FEATURED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, PRETTY BRAINY SPECIFICALLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, THAT: (1) THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE OR UP-TO-DATE; (2) THE WEBSITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE FUNCTIONS ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; AND (4) DEFECTS WILL BE CORRECTED.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, UNDER NO CIRCUMSTANCES SHALL ANY OF THE PRETTY BRAINY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR LOSSES ARISING FROM OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS WEBSITE OR ITS INFORMATION, OR ANY ACTION YOU MAY CHOOSE TO TAKE OR TO REFRAIN FROM TAKING AS A RESULT OF YOUR USE OF THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES AND LOSSES OF ANY KIND (DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANOTHER LEGAL THEORY, EVEN IF THE ORGANIZATION OR OTHER LLG PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF ANY OF THE LLG PARTIES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEBSITE EXCEED $10.

Modification and Discontinuation of Website

We may change, suspend, or discontinue this website, or any Content or feature on it, at any time with or without notice.

Miscellaneous Terms

These Terms of Use shall be governed under the laws of the State of Colorado without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court in Colorado. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

Any failure by Pretty Brainy to exercise its rights under these Terms of Use or to enforce the terms hereof shall not constitute a waiver of those rights. If any term of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court in any event should try to give effect to the parties’ intentions as reflected in the provision, and that all of the other provisions of these Terms of Use shall remain in full force and effect.

You 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 this website or relating to these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

Questions, Assistance and Information

We ask you to address personal customer service and support questions to Pretty Brainy. If you have any complaints about Content on our website, please contact us directly at Pretty Brainy. You can find the answers to many questions about Pretty Brainy’s services on our website located at https://prettybrainy.com/. If you have questions about these Terms of Use or any other matter related to this website or the services of Pretty Brainy, please contact us at 4717 Bay View Drive, Fort Collins, CO 80526, 720.203.1749, or email us at connect@PrettyBrainy.com. The principal responsible at our organization for this website is Heidi Olinger.