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Terms of Use

Terms of Use

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Use of this web site

Your use of this web site, and the information and materials distributed by Right Brain Kids or any party under any joint venture or licensing agreement with Right Brain Kids, is made available to you only through your acceptance of and complicity with these Terms of Use, our Privacy Policy and such other related notices and/or declarations that may be posted on this web site from time to time. Your use of this web site or of any content presented herein indicates your consent, acknowledgment and agreement to our Terms of Use. If you are not willing to be bound by and comply with all of the foregoing, you may not access or use this web site or any of its content, information and materials.

Modification right to these Terms of Use

Right Brain Kids shall have the right, at its sole discretion, to modify, add or remove any term or condition contained herein without notice, obligation or liability to you or any other person. Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on this web site.

You consent, acknowledge and agree to review these Terms of Use from time to time and consent, acknowledge and agree that any subsequent use by you of this web site following changes to these Terms of Use shall constitute your acceptance of all terms and any such changes.

Disclaimer

This web site and its content is for informational purposes only, and is not intended to provide or be a substitute for medical, psychological, family-related or social service advice, decisions, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding any medical, psychological or health-related concerns or conditions.

This web site is provided to you solely for your own personal, non-commercial use, and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever. Unless otherwise indicated on this web site, you may display, download, archive, and print a single copy of any information on this web site, or otherwise distributed from Right Brain Kids for personal, non-commercial, non-distributed use.

THIS WEB SITE AND ITS PERFORMANCE AND ALL CONTENT AND INFORMATION HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RIGHT BRAIN KIDS AND ITS AFFILIATES, LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY AND THE TIMELINESS THEREOF, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

RIGHT BRAIN KIDS, ITS AFFILIATES, LICENSORS AND SUPPLIERS ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT.

ALTHOUGH WE ENDEAVOR TO MAINTAIN THE HIGHEST INTEGRITY OF INFORMATION, THE INFORMATION AND/OR DESCRIPTIONS OF PRODUCTS, SERVICES, SOFTWARE, AND/OR ARTICLES OR NEWS RELEASES INCLUDED IN OR AVAILABLE THROUGH THE RIGHT BRAIN KIDS WEB SITE MAY INCLUDE OCCASIONAL INADVERTENT INACCURACIES OR TYPOGRAPHICAL ERRORS.

PERIODIC CHANGES TO THE INFORMATION HEREIN MAY BE THE RESULT OF ADDITIONS, MODIFICATIONS OR DELETIONS. RIGHT BRAIN KIDS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE RIGHT BRAIN KIDS WEB SITE AT ANY TIME.

It is your responsibility to evaluate the accuracy and completeness of all information, opinions and other material on this web site or any web site with which it is linked.

Products, packages, prices and promotions are subject to change without notice and without compensation.

Right Brain Kids shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using this web site.

Right Brain Kids reserves the right, at its sole discretion, to modify, disable access to, or discontinue -- temporarily or permanently -- all or any part of this web site or any information contained hereupon without any notice, obligation or liability to you.

As a visitor to our web site, you consent, acknowledge and agree that any reliance on or use by you of any information available on this web site shall be entirely at your own discretion and risk. In no event shall Right Brain Kids be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this web site, even if Right Brain Kids has been advised of such possibility.

Privacy Policy and CAN-SPAM matters

You have read, and consent, acknowledge and agree to all of the terms and conditions of our Privacy Policy.

If you are receiving any periodic email messages or newsletters from Right Brain Kids, you consent, acknowledge and agree that you have opted-in of your own volition to receive our periodic email messages or newsletters by your manually having previously provided your name and email address through a data entry form on this web site. These periodic email messages or newsletters are offered as a free service by Right Brain Kids without cost or obligation.

You also consent, acknowledge and agree that you will make no threats or take any action against Right Brain Kids in the event you are dissatisfied with or have personal objection to the content contained in our web site, periodic email messages or newsletters, or that you subscribed to and are not now able to remove yourself from the mailing list. You also consent, acknowledge and agree that any claimed inconvenience due to receiving our periodic email messages or newsletters will cause you no personal, emotional, or financial harm whatsoever.

Should you wish to unsubscribe at any time from these periodic email messages or newsletters, you may do so by clicking on the unsubscribe link found at the bottom of the email message or newsletter.

On occasion, some subscribers have had trouble or encountered technical difficulties removing themselves from these periodic email messages or newsletters mailings. If you encounter any such difficulties, you may contact us via our Help Desk.

Children's privacy

Right Brain Kids is committed to protecting the privacy of children. This web site is not intended or designed to attract or appeal to children younger than 13 years of age. Right Brain Kids does not knowingly collect personally identifiable information from any person who may happen to be younger than 13 years of age. (To learn further of the Right Brain Kids privacy commitment, please refer to our Privacy Policy elsewhere on this web site.)

Confidentiality of transmissions over the Internet

The transmission of data or information (including communications by email) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience -- or costs you may incur -- as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of email with us (including those which may contain your personal or credit card information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us, and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be inviolably confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or surreptitiously accessed by third parties without our consent.

Downloaded material

Although we take all reasonable and prudent precautions to ensure the integrity of data files available for downloading from the Internet that we may from time to time offer either without charge or as a purchasable product, Right Brain Kids cannot and does not guarantee or warrant that such data files will be free of viruses, worms, Trojan horses or other malicious code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Right Brain Kids does not assume any responsibility or risk for your use of the Internet.

Security of user and system

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Right Brain Kids will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Right Brain Kids considers insecure, Right Brain Kids will be entitled to require the password to be changed, and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this web site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Right Brain Kids reserves the right to release your details to system administrators at other sites in order to assist them in resolving security breaches, incidents or issues. Right Brain Kids reserves the right to investigate suspected violations of these Terms of Use.

Right Brain Kids reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Right Brain Kids to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

Submissions

You consent, acknowledge and agree to hereby grant to Right Brain Kids the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, testimonials, suggestions, ideas, graphics, or other information communicated to Right Brain Kids through this site (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Right Brain Kids will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Right Brain Kids operations. By making a Submission, you are guaranteeing to us that you have the legal right to post the content in the Submission, and that it will not violate any law or the rights of any person or entity.

User conduct and obligations

You consent, acknowledge and agree to follow all applicable laws and regulations when using this web site. Furthermore, you consent, acknowledge and agree that you shall not:

  1. upload, post or otherwise transmit through or to this web site any content that:

    • is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
    • might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
    • contains any viruses, Trojan horses, time bombs, or any other harmful programs or elements;
  2. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our web site, its computer systems, servers or networks;

  3. provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;

  4. transmit junk mail, chain letters, or other unsolicited bulk email or duplicative messages;

  5. attempt to collect information about visitors to our web site or otherwise attempt to extract data or data fields, including without limitation any credit card information or email addresses;

  6. sell access to or the use of this web site, including any content contained on, downloaded or accessed from this web site, except as specifically permitted in writing by Right Brain Kids; and

  7. redistribute, without our specific written consent, any content found on this web site in any manner whatsoever including by means of printed publication, fax broadcast, web pages, email, web newsgroups or forums, or any other electronic or paper-based service or method.

By uploading, posting or otherwise transmitting through or to our web site any content (including but not limited to testimonials or endorsements), you consent, acknowledge and agree to grant to us, our affiliates, successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy. This includes, but is not necessarily limited to, the right to reproduce, edit or create derivative works from such content.

Indemnification by user

You consent, acknowledge and agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this web site or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Advertisements and links to other sites

Right Brain Kids does not endorse the content on any third-party ("external") web sites. Right Brain Kids is not responsible for the content of linked third-party sites, indexes or directories, sites framed within this web site, or third-party advertisements, and does not make any representations regarding their content, accuracy or non-infringement. Your use of third-party web sites is at your own risk and subject to the Terms of Use of use for such sites. You should be aware that both the terms of use and the privacy policies of linked sites may differ from those of Right Brain Kids.

Third-party web sites' content and products and services

You consent, acknowledge and agree that your business dealings with any third parties, including any merchants or advertisers, found on, or accessed through our web site and any of their services, including payment for and delivery of any goods and services, are solely as between you and such third parties. If Right Brain Kids provides access to third party providers of goods and/or services, you consent, acknowledge and agree that we may receive referral fees and/or other compensation from such third parties. You acknowledge that we assume no responsibility whatsoever for any charges, losses or liabilities you may incur when making purchases or completing transactions with such third parties, and we shall not be responsible or liable in any way for any loss or damage of any kind which you may incur as a result of, or in connection with, any dealings or transactions with such third parties. Furthermore, Right Brain Kids assumes no responsibility for any content which you may find on sites that link either to or from us, including (without limitation) the accuracy of the information found on these sites, the compliance (or lack thereof) with any legal requirements applicable to these sites and for any viruses or other harmful programs that may be contained on these sites, nor is Right Brain Kids responsible should any site contain content or links to other sites that you may find offensive.

By accessing third party services through our web site, you hereby authorize such third party service provides to provide Right Brain Kids with personal information regarding your use of and your activities with respect to the purchase and use of third party services and/or goods.

Links or pointers to other web sites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such web sites, (ii) the content, privacy policies or other Terms of Use on such web sites or (iii) such third party products and services. As we have no control or responsibility over web sites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you consent, acknowledge and agree shall be at your own risk.

Proprietary and intellectual property rights

ALL INFORMATION CONTAINED IN THIS WEB SITE IS UNDER COPYRIGHT 2007-2012 RIGHT BRAIN KIDS, LLC. ALL RIGHTS RESERVED. THIS INFORMATION MAY NOT, IN WHOLE OR IN ANY PART, BE COPIED, REPRODUCED, TRANSMITTED, TRANSLATED (INTO ANY LANGUAGE, NATURAL OR COMPUTER), STORED IN A RETRIEVAL SYSTEM, REDUCED TO ANY ELECTRONIC MEDIUM OR MACHINE-READABLE FORMAT, OR BY ANY OTHER FORM OR MEANS WITHOUT PRIOR CONSENT, IN WRITING, FROM RIGHT BRAIN KIDS, LLC.

"Right Brain Kids" and "Learn Right." as well as the stylized versions of these terms and the logo(s) associated with them, and the other identifying trade and/or service marks of Right Brain Kids, LLC and its affiliates are and shall remain the exclusive property of Right Brain Kids, LLC, and any unauthorized use of these marks is unlawful. Other trademarks that may be displayed on this web site are the property of their respective owners. All content on this web site is the copyrighted property of Right Brain Kids, LLC and is protected by international copyright law.

Our policy is to comply with all applicable intellectual property laws with respect to any content that we may post on this web site. If you believe that your work has been reproduced on this web site in a manner that constitutes copyright infringement, please provide a notice (which may be submitted electronically) containing all of the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.

  2. Identification of the copyrighted work claimed to have been infringed.

  3. Identification of the material on our web site that is claimed to be infringing or to be the subject of infringing activity.

  4. The address, telephone number or email address of the complaining party.

  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

  6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

Notice of purported copyright infringement should be sent to:

Right Brain Kids
1879 N. Neltnor Blvd., #252
West Chicago, IL 60185-5932

Please note that all business correspondence is in English.

General

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court with jurisdiction over the parties, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

These Terms of Use shall be governed by and construed in accordance with the Federal laws of the United States of America and the laws of the State of Illinois, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in, DuPage County, Illinois.

Complete agreement

Notwithstanding any other particular "legal notice" that may be posted on this web site, these Terms of Use and the Right Brain Kids Privacy Policy constitute the entire agreement between you and Right Brain Kids with respect to your use of this web site and its content.

Thank you for your cooperation and thoughtful consideration regarding these matters.

Contact

We hope you find the information on this web site very beneficial, and also find this web site a pleasure to visit. If you have questions or comments regarding this web site, please contact us through our Help Desk.





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All information, products, graphics and game concepts are copyright © Right Brain Kids and / or parties under joint venture or licensing agreement with Right Brain Kids.
Products, packages, prices and promotions are subject to change without notice and without compensation.