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Website Terms of Use
Welcome to the Web
site of FunEducation ("Site"). Following are the terms and
conditions that govern your use of this Site.
Your
Agreement with FunEducation, Inc.
THESE TERMS AND CONDITIONS OF
USE ("TERMS OF USE") CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU
AND FUNEDUCATION, INC. ("FUNEDUCATION", "WE" OR
"OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN
ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS SITE OR DOWNLOAD ANY CONTENT.
FUNEDUCATION MAKES CONTENT AVAILABLE FOR YOUR USE ON THIS SITE, INCLUDING
INFORMATION, IMAGES, ILLUSTRATIONS, SOUND, SOFTWARE AND DOCUMENTATION
(COLLECTIVELY, "MATERIALS"), SUBJECT TO THIS AGREEMENT. BY
ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
IF YOU DO NOT AGREE, DO NOT USE THE SITE.
We
reserve the right to change these Terms of Use, prices, Materials and
license terms from time to time at our sole discretion. Your use of the
Site will be subject to the most current version of the Terms of Use
posted on the Site at the time of such use. Additionally, when using
particular Materials, you shall be subject to any posted guidelines or
rules applicable to such Materials that may contain terms and conditions
in addition to those in the Terms of Use. All such guidelines or rules are
hereby incorporated by reference into these Terms of Use. ^
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INTELLECTUAL PROPERTY
FunEducation, its licensors and its content providers own
all of the Materials featured or displayed on this Site. Patent,
copyright, trademark, trade secret and other laws and treaties relating to
intellectual property rights protect the Site and included Materials.
Except as explicitly permitted herein, no portion of the Materials may be
copied or retransmitted by any means, and all related rights shall remain
the exclusive property of FunEducation or its licensors unless otherwise
expressly agreed. You may not reverse engineer, decompile,
disassemble or otherwise attempt to discover the source code of the
software available on the Site. ^
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USER SUBMISSIONS
Any content, information, or
material that you submit to this Site ("User Material") is
considered non-confidential. You may only submit User Content that (i)
does not violate the intellectual property rights of any third party, and
(ii) is not pornographic, sexually or racially or ethnically
discriminatory, or otherwise objectionable or harmful. Unless you
have entered into a Publishing Agreement for
the sale and distribution of software created with FunStudio, by
submitting User Material, you grant FunEducation a worldwide, irrevocable,
non-exclusive, perpetual, royalty-free license to display, distribute,
modify, perform, reproduce and create derivative works from your User
Material, and to sublicense any of the foregoing rights to third parties.
We may
monitor or review any areas on the Site where users transmit or post User
Material and we reserve the right, in our sole discretion, to remove your
User Content from the Site and to restrict, suspend or terminate your
access to all or part of the Site, at any time. To the maximum
extent permitted by law, FunEducation will have no liability related to
User Content, whether or not arising under the laws of copyright, libel,
privacy, obscenity, or otherwise. FunEducation also disclaims all
liability with respect to the loss, misuse, modification, or
unavailability of any User Content. ^
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USE OF SOFTWARE
The software and accompanying documentation that are made
available to download from this Site are the patented and/or copyrighted
work of FunEducation and/or its suppliers. Use of the software is governed
by the terms of the end user license agreement that accompanies or is
included with such software. You will not be able to download or install
any software that is accompanied by or includes an end user license
agreement unless you agree to the terms of such end user license
agreement. If you do not agree to such terms, you will not be able to use
the software. ^
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DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN
AGREEMENT BETWEEN YOU AND FUNEDUCATION, ALL MATERIALS ON THIS SITE ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FUNEDUCATION MAKES NO
WARRANTY THAT (i) THE MATERIALS WILL BE MADE AVAILABLE IN A MANNER THAT IS
UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE MATERIALS WILL BE EFFECTIVE, ACCURATE OR
RELIABLE, AND (iii) THE MATERIALS PURCHASED OR OBTAINED BY YOU FROM THE
SITE WILL MEET YOUR EXPECTATIONS. ^
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LIMITATION OF LIABILITY
IN NO EVENT SHALL FUNEDUCATION OR ITS SUPPLIERS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT
OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER
ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, THOSE DAMAGES RESULTING FROM LOSS OF USE, DATA OR
PROFITS, WHETHER OR NOT FUNEDUCATION HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Some
jurisdictions do not permit the exclusion or limitation of implied
warranties or liability for certain categories of damages. Therefore, some
or all of the disclaimers or limitations above may not apply to you to the
extent they are prohibited or superseded by state or national statutes. ^
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USER NAME AND PASSWORD
You are responsible for the security and all use of the Site made using
your username and password. If you believe there has been a breach
of security of your username and password, such as theft or unauthorized
use, you should notify us immediately by
e-mail.
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THIRD PARTY LINKS
Links to third party Web sites on this Site are provided as
a convenience; these sites are not under our control and we are not
responsible for any of their content. If you use these links, you will
leave this Site. FunEducation does not endorse or make any
representations about linked sites, or any materials found there, or any
results that may be obtained from using them. If you decide to access any
of the third party Web sites linked to this Site, you do so entirely at
your own risk and you waive any and all claims against us regarding the
inclusion of such links and your use of those Web sites. ^
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EXPORT CONTROL LAWS; NOTICE TO U.S. GOVERNMENT USERS
The export and re-export of FunEducation software products
are controlled by the United States Export Administration Regulations and
such software may not be exported or re-exported to Cuba, Iran, Iraq,
Libya, North Korea, Sudan, or Syria or any country to which the United
States embargoes goods. In addition, FunEducation software may not
be distributed to persons on the Table of Denial Orders, the Entity List,
or the List of Specially Designated Nationals. By downloading a
FunEducation software product, you represent and certify that you are not
a national of any such country and that you are not a person on any such
list.
All
FunEducation products are commercial in nature. The software and
documentation available on this Site are "Commercial Items," as
that term is defined at 48 C.F.R. §2.101, consisting of "Commercial
Computer Software" and "Commercial Computer Software
Documentation," as such terms are used in 48 C.F.R. §12.212 or 48
C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48
C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial
Computer Software and Commercial Computer Software Documentation are
licensed to U.S. Government end users (i) only as Commercial Items and
(ii) with only those rights as are granted to all other end users pursuant
to the terms and conditions herein. ^
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INDEMNITY
You agree to indemnify FunEducation, its subsidiaries,
affiliates, officers, agents, directors, licensors and employees against
any losses, expenses, costs or damages incurred by any or all of them as a
result of your breach of the terms of this Agreement or your unauthorized
use of the Materials and related rights. ^
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CHOICE OF LAW AND VENUE
This Site (excluding linked sites) is controlled by
FunEducation from its offices in the State of California, United States of
America. By accessing this Site, you and FunEducation agree that all
matters relating to your access to, or use of, this Site shall be governed
by the laws of the State of California (without giving effect to the
conflicts of laws principles thereof), except as to copyright and
trademark matters, which are covered by federal laws of the United States
of America. Any action relating to this Agreement must be brought in
the federal or state courts located in San Diego County, California, and
you irrevocably consent to the jurisdiction of such courts.
FunEducation makes no representation that Materials available on this Site
are appropriate or available for use in other locations, and accessing
them from territories where their contents are illegal is prohibited.
Those who choose to access this Site from countries outside of the United
States of America or any political subdivision thereof, do so on their own
initiative and are responsible for compliance with local laws. ^
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TRADEMARK INFORMATION
The trademarks, logos and service marks ("Marks") displayed on this Site are the property of FunEducation or other third parties. FunEducation, FunEducation, Inc., BrightEducation, and the FunEducation and BrightEducation logos are trademarks of FunEducation, Inc., and may not be used without our prior written permission. Microsoft, the Microsoft Internet Explorer logo and Windows Media logo are registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries. PARCC® is a registered trademark of PARCC, Inc. BrightEducation and its affiliates are not owned by or affiliated in any fashion with PARCC, Inc., the Partnership for the Assessment of Readiness for College and Careers, nor any state of the Union. Neither PARCC, Inc., nor The Partnership for the Assessment of Readiness for College and Careers, nor any member state has endorsed this product. No portion of any fees or charges paid for any products or services BrightEducation and its affiliates offer will be paid or inure to the benefit of PARCC, Inc., or any state of the Union.^
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Refund Policy
You agree to the terms of the refund policy as outlined on our
Refund / Return Policy page. ^
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