The following terms and conditions (the "Agreement") govern all use of the Brilliant for Educators website (the "Site") and the products and services available on or at the Site (taken together with the Site, the "Service"). The Service is owned and operated by Brilliant Worldwide, Inc. ("Brilliant"). The Service is offered subject to your (the "User's") acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Brilliant. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU (the "User") AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU NOT AGREE, DO NOT USE OR ACCESS THE SERVICE.
Brilliant reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User's responsibility to check this Agreement periodically for changes. User's continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
Subject to the terms and conditions of this Agreement, the software and services provided in connection with the Service are solely for User's own personal use, and not for the use or benefit of any third party. Brilliant may change, suspend or discontinue the Services, including the availability of any feature, database or content, at any time. Brilliant may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability. Brilliant reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by User following such notification constitutes User's acceptance of the terms and conditions of this Agreement as modified.
User certifies to Brilliant that if User is an individual (i.e., not a corporation) User is either (a) at least 13 years of age or (b) has obtained the legal consent of a teacher or legal guardian to enter this Agreement. If User is a teacher intending to invite students to use the Service for educational purposes, User represents that User: (1) authorizes the collection, use, and disclosure of such students’ personal information as described in the Educators Program Privacy Statement; (2) will create accounts for such students and supervise such students’ use of the Educators Program; (3) has made the Educators Program Privacy Statement available to such students’ parents and guardians and has obtained consent from such parents and guardians for User’s students to use the Services; (4) has confirmed with User’s school and/or school district that the Service is appropriate for educational use and can be used by User and User’s invited students in compliance with all privacy notices, policies, or practices in effect in such schools and/or school districts.
User also certifies that User is legally permitted to use the Service and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
FEES AND PAYMENT.
The Service is currently free, but Brilliant reserves the right to charge a fee at any time.
User agrees that all content and materials (collectively, "Content") delivered via the Service or otherwise made available by Brilliant at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Brilliant in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, User may print or download a reasonable number of copies of the materials or content at this Site for User's own informational purposes; provided, that User retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Brilliant.
Use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. Any rights not expressly granted herein are reserved.
With respect to any software User is authorized by Brilliant to download via the Service, Brilliant grants User a personal, nontransferable, non-sublicensable, nonexclusive license to use such software solely for User's personal, non-commercial use, and only in accordance with the written instructions/directions (if any) provided by Brilliant. User shall not, nor permit anyone else to, directly or indirectly: (i) copy, modify, or distribute the software; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the software (except that this restriction shall not apply to the limited extent restrictions on reverse engineering prohibited by applicable local law); or (iii) rent, lease, or use the software for timesharing or service bureau purposes, or otherwise use the software for any commercial purpose.
User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Brilliant reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Brilliant server, or to any of the services offered on or through the Service, by hacking, password "mining", or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. User shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Service, or any other customer of Brilliant, including any Brilliant account not owned by User, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User's own information, as provided for by the Service.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Brilliant' systems or networks, or any systems or networks connected to the Service or to Brilliant.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service.
User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to Brilliant on or through the Service. User shall not, in connection with the Service, pretend (e.g. through impersonation) that User is any other individual or entity.
User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement, or that infringes the rights of Brilliant or others.
As a condition to using certain features of the Service, User may be required to register with Brilliant and select a password and User name ("Brilliant User ID"). User shall provide Brilliant with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User may not (i) select or use as a Brilliant User ID a name of another person with the intent to impersonate that person; or (ii) use as a Brilliant User ID a name subject to any rights of a person other than User without appropriate authorization. Brilliant reserves the right, in its discretion, to cancel or refuse registration of an Brilliant User ID. User shall be responsible for maintaining the confidentiality of User's Brilliant password and other account information.
THIRD PARTY SITES.
The Site may permit User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Brilliant's control, and User acknowledges that Brilliant is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Brilliant. User further acknowledges and agrees that Brilliant shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.
User is responsible for all of its activity in connection with the Service. User shall defend, indemnify, and hold harmless Brilliant, its affiliates, and each of its and its affiliates' employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from (i) User's use or misuse of the Service; (ii) User's access to any part of the Service, (iii) any of User's User Submission(s), or (iv) otherwise from User's violation of this Agreement.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE AND ANY SOFTWARE) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BRILLIANT MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (II) THE RESULTS OF USING THE SERVICE (OR ANY USER SUBMISSION(S)) WILL MEET USER'S REQUIREMENTS. USER'S USE OF THE SERVICE IS SOLELY AT USER'S OWN RISK.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL BRILLIANT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (OR ANY CONTENT, PROGRAMS OR INFORMATION AVAILABLE THROUGH THE SERVICE): (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER'S USE OF ANY CONTENT OR INFORMATION POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICE, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00 (U.S.). IN ADDITION, BRILLIANT SHALL NOT BE LIABLE FOR ANY LOSS OR LIABILITY RESULTING, DIRECTLY OR INDIRECTLY, FROM USER'S INABILITY TO ACCESS OR OTHERWISE USE THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DELAYS OR INTERRUPTIONS DUE TO ELECTRONIC OR MECHANICAL EQUIPMENT FAILURES, DENIAL OF SERVICE ATTACKS, PROCESSING FAILURES, TELECOMMUNICATIONS OR INTERNET PROBLEMS OR UTILITY FAILURES).
Brilliant may terminate User's access to all or any part of the Service at any time, with or without cause, effective upon notice thereof to User (provided that, if Brilliant determines there may be an immediate threat to Brilliant, it may terminate such access without notice).
Upon termination notice from Brilliant, User will (i) no longer access (or attempt to access) the Service and (ii) delete all software (and copies thereof) provided in connection with the Service. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
EXPORT AND TRADE CONTROLS.
User agrees not to import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information provided on or pursuant to the Service except in full compliance with all United States, foreign and other applicable laws and regulations.
Brilliant's Educators Program Privacy Statement is available here and is incorporated by this reference.
User is solely responsible for your interactions with other Service users. Brilliant reserves the right, but has no obligation, to monitor disputes between User and other Service users. If User has a dispute with one or more users of the Service, User shall and hereby does release Brilliant (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If User is a California resident, User waives California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Brilliant or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Brilliant and is protected by U.S. and international copyright laws. All software used on (or provided through) the Site is the property of Brilliant or its software suppliers and is protected by United States and international copyright laws.
When User visits the Site or sends e-mails to Brilliant, User is communicating with Brilliant electronically. User hereby consents to receive communications from Brilliant electronically. Brilliant will communicate with User by e-mail or by posting notices on the Site. User agrees that all agreements, notices, disclosures and other communications that Brilliant provides to User electronically satisfy any legal requirements that such communications be in writing.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Brilliant shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Brilliant' reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Brilliant' prior written consent. Brilliant may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Pennsylvania, as if made within Pennsylvania between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in San Francisco, California. Notwithstanding the foregoing sentence, (but without limiting either party's right to seek injunctive or other equitable relief immediately, at any time, in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be settled by arbitration in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service, Inc. ("JAMS"). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in San Francisco, California, using the English language. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Brilliant in any respect whatsoever.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE.
Brilliant has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of Brilliant' Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
It is Brilliant' policy to (1) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
If User believes that content residing on or accessible through the Brilliant Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
It is Brilliant' policy:
If the content provider, member or user believes that the content that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such content from the copyright owner, the copyright owner's agent or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, Brilliant may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Brilliant' discretion.
Please contact Brilliant' Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Brilliant DMCA Claims
Attn: Kyrene Wang
2261 Market Street #4281
San Francisco, CA 94114
Effective Date: August 5, 2020