Terms of Use

Effective Date: March 10th, 2022

BrainyToon, Site and/or “Brainytoon & websites and mobile applications and other physical products and services are developed, produced, and operated by Brainytoon.
Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications.

Brainytoon may amend, update or change these Terms and Conditions. If we do this, we will indicate at the bottom of the Terms and Conditions the date these terms were last revised. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access, or participate in the Service.

Overview

These terms are intended for parents and users of the services.

Company collection, use, and disclosure, if any, of information collected from you or a child authorized by you is detailed in the Privacy Policy which is incorporated by reference and made a part of these Terms.

By purchasing a subscription to, registering an account for, or using the Services, including any specific functionalities of our products and/or services, you accept these Terms.

We currently offer our Services for:
Families – through User Accounts; and
Schools – through Business Accounts;

By activating an Account, you agree that we may renew your subscription automatically for the same subscription term on the day after your previous subscription ends, and you authorize us to charge you for the subscription term unless you cancel your Account before its renewal date through.

YOU AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT.
Your use of the Services is AS IS, without warranty, and will result in no liability to us.

1. Memberships

You must be 18 years and older to create an account and sign up for a paid subscription. Your Membership is non-transferable. You must not share your username, email, and password with anyone else or allow anyone else to access the Site using your username and password. You are responsible for every use of the Site that occurs in conjunction with the use of your username and password.

You must use reasonable efforts to keep your username and password confidential. You must notify us as soon as you become aware of any unauthorized use of your membership, username, or password. Membership is based on periodic subscription fees which are detailed on the Site’s sign-up page. Your membership, or access to content and areas of the site, will be suspended or canceled if we do not receive the fees for your subscription type.

2. Payments

A) Auto Renewing, Recurring Plans

You understand and agree that the membership fees are payable by you at the rate offered at purchase time monthly or annual, depending on your membership terms to access the paid content for an ongoing period.

B) Gift Purchases

You understand and agree that Gift Purchases are payable by you at the rate offered at purchase time to access the paid content. You understand that your Gift Purchase will not auto-renew and you must re-purchase and re-subscribe to continue service.

C) Cancellations

You understand that you can cancel your subscription anytime to discontinue your ongoing membership. Canceling your membership will cancel the auto-billing option and it won’t stop your service or access. We will send you a confirmation email when it’s canceled. If you subscribe to Brainytoon app, you must cancel your subscription through the Apple App Store or Google Play Store. Brainytoon has no control over users’ app subscriptions.

D) Refunds

Brainytoon does not offer full or partial refunds for website and app subscriptions. We encourage our customers to take advantage of the free trial period before purchases.

3. Availability and Use of the Site

The Site will usually be available 24 hours a day, seven days a week. We may, however, need to interrupt or suspend the Site or the provision of the Site’s services and Content, for maintenance, technical or other reasons.

We are pleased to be able to offer a wide range of exclusive content on the Site for your educational and learning needs, which we aim to regularly add to. The Content will be updated, changed, or removed from time to time, at our discretion, so we can’t guarantee that specific Content will always be available on the Site.

4. Rights to Content; intellectual property

Brainytoon is the owner of all content. Each item of Content is copyrighted by its author.

All content is protected by the U.S. and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible. “Content” means all text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork, and computer code displayed on or available through the Services

Your membership gives you a right (a revocable, non-exclusive license) to use the Content for personal purposes. You must not redistribute Content. Any project files, spreadsheets, or other assets associated with Content are included to demonstrate the course or tutorial.

You may use, modify and manipulate files for your own personal educational purposes, but you must not otherwise exploit the files and the assets in them, or redistribute the files or assets.
The trademarks and logos displayed on the Site are, unless otherwise stated, those of Brainytoon. and others, and you must not use these without the approval of the relevant owner.

Your membership gives you a right (a revocable, non-exclusive license) to use the Content for personal purposes. You must not redistribute Content (such as worksheets, flashcards, videos, tutorials, eBooks, courses, and source files). Any project files, spreadsheets, or other assets associated with Content are included to demonstrate the course or tutorial.

You may use, modify and manipulate files for your own personal educational purposes, but you must not otherwise exploit the files and the assets in them, or redistribute the files or assets. If you love the Content, please ask your friends to become members too!

The trademarks and logos displayed on the Site are, unless otherwise stated, those of Brainytoon. and others, and you must not use these without the approval of the relevant owner.

5. Fair use and prohibited conduct

The content is streamable. You are not permitted to download Content to your computer as part of your membership. We encourage you to download printable material for personal educational use only.

Your membership is subject to a ‘fair use policy. Our ‘fair use’ policy requires that your use of the Site and the Content must be fair, genuine, and reasonable. We will use our reasonable discretion to decide whether a member has complied with the ‘fair use’ policy.

You must not use scripts to automatically mass download Content. You also must not:

• You also must not:use a false email address, impersonate others, or misrepresent your affiliation with others;
• attempt to gain unauthorized access to computer systems or materials through the Site;
• engage in automatic gathering of information from or through the Site (such as “spidering”, “screen scraping”, “database scraping” or harvesting of email addresses);
• attempt to interrupt or alter the Site’s operation in any way able law, that violates third party intellectual property or other rights, or that is, fraudulent, obscene, offensive, or defamatory; or
• except as allowed in these Membership Terms, copy, distribute, transmit, modify, or otherwise exploit the Content or any other data or code made available through the Site.

6. Intellectual property complaints

We respect the intellectual property rights of others and require that you do the same. Please contact us if you believe that your intellectual property or other rights are being affected by anything on the Site. If you are specifically making a copyright-based claim regarding Content, please forward the following information to us:

your address, telephone number, and email address;
a description of the location of the alleged infringing material;
a description of the copyrighted work that has been allegedly infringed; and
a statement by you that you warrant that the information given in your claim is accurate and that you are either the copyright owner or are authorized to act on the copyright owner’s behalf;

7. Privacy

Our information collection and use of any personal information about you is set out in our Privacy Policy
We may disclose any personal information as necessary to satisfy any law, regulation or government request.

8. Refusal, suspension or termination of membership

We may, at our discretion, immediately restrict, suspend or terminate your membership and access to the Site if we consider you in breach of these Membership Terms, any other Site rules, or applicable law.

We reserve the right to refuse membership at our discretion (examples include previous breaches of membership terms.

9. Liability and disclaimer

Except as provided in an applicable Non-excludable Law, we are bound only by the express promises made in these Membership Terms and are not bound by implied terms. Except as provided in an applicable

Non-excludable Law:
we do not promise that the Content or your access to the Site will be uninterrupted or error-free, that any defects will be corrected, or that the Site or Content is free of harmful components; and
we make no promises regarding your access to, or the results of your access to, the Site or Content in terms of correctness, accuracy, timeliness, completeness, reliability, or otherwise.

Except as provided in an applicable Non-excludable Law, we and our affiliates are not liable for indirect, incidental, special, or consequential damages, loss of revenue, or loss of profits which result from any use of or access to, or any inability to use or access, the Site.

10. Changes to Membership Terms

We may change these Membership Terms from time to time. You will be given the opportunity to cancel your subscription with a pro-rata refund (based on the time remaining in your subscription) if you do not want to accept the changes. If you do not opt-out in this way, your continued subscription to and use of the Site will be an acceptance of the updated Membership Terms.

11. Applicable Laws

We control and operate the Site from our offices in the USA. The laws of the US govern these Membership Terms, and you and Brainytoon submit to the jurisdiction of the courts.

12. Submission of content for Contributors, Vendors, Talents

If you are or become a contributor for Brainytoon, you may offer to create, write, translate, produce, edit, adjust, do a voice-over, sing, make music, image, illustration, video, animation, sound effect, develop software, game, website, mobile app, as agreed between you and Brainytoon on a case-by-case basis.

Subject to any guidelines posted on the Service, you may perform all tasks and projects in accordance with your schedule and use your facilities and resources. You acknowledge that you will also receive compensation for your activities as a Contributor.

Any contributions you submit or have submitted as a contributor are owned by Brainytoon.
You also grant us a fully paid-up, royalty-free, perpetual, sub-licensable license to reproduce, display, perform, modify, create derivative works of, distribute, and otherwise use such Contributor Material in any manner.

All rights to User-Generated Content, including all intellectual property rights, shall remain the exclusive property of the user. By posting, submitting, or distributing User-Generated Content on or through the Services, you grant us a limited, non-exclusive license to use, copy, distribute, display, transmit, and publish such User-Generated \

Content for the purposes specified in these Terms, the posted Privacy Policy, and any Additional Terms, in all formats, on or through any medium now known or hereafter developed, and with any technology or devices now known or hereafter devised.

13. Changes to Our Terms & Conditions

Brainytoon reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of these Terms & Conditions at any time, with or without notice to you. Your continued use of the Brainytoon online platforms after the posting of any changes to the Terms & Conditions will signify your acceptance of those changes.