Acceptance of terms
Bradan’s World Media™, LLC ("Bradan’s World Media™") welcomes you to its site. Bradan’s World Media™ provides its Service to you, subject to the following User Terms of Service ("TOS") which may be updated by us from time to time without notice to you. By using this site, you agree to be bound by this TOS, and any additional term that may be posted for a specific Bradan’s World Media™ website. In addition, when using particular Bradan’s World Media™ owned or operated Services, you shall be subject to any posted policies, guidelines or rules applicable to such Services. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement. If you do not agree to this TOS, do not use this site.
Description of Service
Bradan’s World Media™ the owner and operator of this web site (the "Service") creates, markets, and distributes sells educational games, physical and digital, for different age groups. As a user of the Service, you understand and agree that the Service may include certain communications from Bradan’s World Media™, such as Service announcements and administrative messages, and you will not be able to opt out of receiving such communications. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Bradan’s World Media™ properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Bradan’s World Media™ assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet Service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. Bradan’s World Media™ is concerned about the safety and privacy of all its users, particularly children. For this reason, you must be at least 14 years of age to access and view the Service.
When you visit Bradan’s World Media™ or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Bradan’s World Media™' proprietary rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is the property of Bradan’s World Media™ and its licensors and is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, Service marks, patents or other proprietary rights and laws. Except as expressly authorized by Bradan’s World Media™, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, or such information in whole or in part. All content included on this site, such as text, graphics, logos, button icons and images, is our property or the property of our content suppliers and protected by United States and international copyright laws. All software used on this site is our property or the property of our Service provider or its suppliers and protected by United States and international copyright laws.
Bradan’s World Media™ grants you a personal, non-transferable and non-exclusive right and license to access and make reasonable use of the Service and Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Bradan’s World Media™ for use in accessing the Service.
Bradan’s World Media™, bradansworld.com, and the Bradan’s World Media™ logo are trademarks and Service marks of Bradan’s World Media™ and other Bradan’s World Media™ logos and product and Service names are trademarks and Service marks of Bradan’s World Media™ (collectively, the "Bradan’s World Media™ Marks").
Registration and membership
In order to use certain aspects of the Service, you will be required to register and establish an online account with Bradan’s World Media™. We refer to registered users as members ("Members") and subject Members to the following specific terms:
Appropriate conduct and member disputesPlease read the following section carefully, as it governs your conduct while using the Service, and by using the Service, you agree to be bound by these terms.
a) Appropriate Conduct.
You agree that you are responsible for your own conduct and communications while using the Service and for any consequences thereof. You agree to use the Service only to send and receive messages and material that are legal and proper. By way of example, and not as a limitation, you agree that when using the Service, you will not:
While Bradan’s World Media™ prohibits the conduct and Content described above in connection with the Service, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Service at your own risk.
b) Member Disputes. You are solely responsible for your interactions with other Bradan’s World Media™ users. As a Member (as defined in Section 6), you are expected to tolerate viewpoints and perspectives with which you may not agree. Bradan’s World Media™ is not obligated to arbitrate, or resolve in any manner, disputes that arise between Members. Bradan’s World Media™ reserves the right but has no obligation, to monitor disputes between you and other Members, and to take any action, in Bradan’s World Media™’ sole discretion, that may be appropriate under the circumstances. Such actions may include, but are not limited to the suspension or termination of memberships and the removal of inappropriate Content.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages and/or other materials ("Content"), whether publicly posted, anonymously posted, or privately transmitted via the Service, are the sole responsibility of the person from which such Content originated. This means that you, and not Bradan’s World Media™, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Bradan’s World Media™ does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
Content may be protected by copyright law and international conventions and is the property of its owner. Any unauthorized use of the Content may violate appropriate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. Certain Content published on this site may contain other restrictions, proprietary notices and/or copyright information relating to that specific Content, including but not limited to notices that limit or prohibit your ability to make copies of such Content. Please review all additional notices before making any copies.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Bradan’s World Media™ be liable in any way for any Content not originating with Bradan’s World Media™, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service, even if such loss or damage is foreseeable or Bradan’s World Media™ has been apprised of same.
You acknowledge that Bradan’s World Media™ may or may not pre-screen Content, but that Bradan’s World Media™ and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Bradan’s World Media™ and its designees shall have the right to remove any Content that violates the TOS or is otherwise, in Bradan’s World Media™ sole judgement, objectionable or inappropriate. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Bradan’s World Media™ or submitted to Bradan’s World Media™.
You acknowledge, consent and agree that Bradan’s World Media™ may access, preserve, and disclose your account information and Content, including but not limited to any Content you post anonymously, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of a third party; (d) respond to your requests for customer Service; or (e) protect the rights, property, or personal safety of Bradan’s World Media™, its users and the public.
Risk of loss
All items purchased from Bradan’s World Media™’s website are made pursuant to a shipment contract with a third party. All risk of loss and title for such items pass to you upon our delivery to the carrier.
Bradan’s World Media™ attempts to be as accurate as possible in identifying and describing its products and Services. However, Bradan’s World Media™ does not warrant that product descriptions or other Content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Bradan’s World Media™ itself is not as described, your sole remedy is to return it in unused, saleable condition. The cost of shipping any returned product back to Bradan’s World Media™ will be paid by the customer.
General practices regarding use and storage
You acknowledge that Bradan’s World Media™ may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Bradan’s World Media™’ servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Bradan’s World Media™ has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Bradan’s World Media™ reserves the right to log off accounts and deactivate usernames that are inactive for an extended period of time, as determined by Bradan’s World Media™ in its sole judgment. You further acknowledge that Bradan’s World Media™ reserves the right to modify these general practices and limits from time to time.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Bradan’s World Media™ has no control over such sites and resources, you acknowledge and agree that Bradan’s World Media™ is not responsible for the availability of such links, external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Bradan’s World Media™ 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 use of or reliance on any such content, goods or Services available on or through any such links, site or resource, or any failures and/or disruption to your computer system that results from your use of any such links. Bradan’s World Media™ disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.
Special admonitions for international use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Bradan’s World Media™ may provide you with notices by email, regular mail, or postings on the Service.
Notice and procedure for making claims of copyright or intellectual property infringementBradan’s World Media™ respects the intellectual property rights of others, and we require our users to do the same. Bradan’s World Media™ may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Members and prohibit the use of the Service by certain users who are deemed or alleged to be infringing the copyright or other intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Bradan’s World Media™ with the following information:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b) description of the copyrighted work or other intellectual property that you claim has been infringed;
c) description of where the material that you claim is infringing is located on the site;
d) your address, telephone number, and email address;
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
All notices should be sent to Bradan’s World Media™ at email@example.com.
DISCLAIMER OF WARRANTIESYou expressly understand and agree that:
a) Your use of the Service is at your sole risk. The Service, and any goods procured via the Service, are provided on an “as is” and “as available” basis. To the fullest extent permitted by the law, Bradan’s World Media™ expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness or a particular purpose, title, and non-infringement.
b) Bradan’s World Media™ makes no warranty that (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) The results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, Services, information or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected.
c) Any material downloaded or otherwise obtained through the use of the Service is done at your own discretions and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d) No advice or information, whether oral or written, obtained by you from Bradan’s World Media™ or through or from the Service shall be create any warranty not expressly stated in the TOS.
LIMITATION OF LIABILITYYou expressly understand and agree that Bradan’s World Media™ shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Bradan’s world Media has been advised of the possibility of such damages), resulting from (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and Services resulting from any goods, data, information or Services purchased or obtained or messages received or transactions entered into through or from the Service; (ii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party including, without limitation, members, advertisers, or merchants on the Service; or (v) any other matter relating to or in connection with the Service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitations or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth in section 16 and 17 above may not apply to you.
By visiting our site, you agree that the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us.
Any dispute relating in any way to your visit to Bradansworld.com or to products or Services sold or distributed by Bradan’s World Media™ or through Bradansworld.com shall be adjudicated in the state and federal court residing in the State of Delaware, and you consent to exclusive jurisdiction and venue in such courts.
200 Continental Drive
Newark, DE 19713
Nothing contained in the TOS shall be construed to constitute either party as a partner, employee or agent of the other party, nor shall either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain an independent contractor responsible for its own actions.
Waiver and Severability of Terms.
The failure of Bradan’s World Media™ to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision to the fullest extent possible, and the other provisions of the TOS shall remain in full force and effect.
Statute of Limitations.
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 the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of the TOS to Bradan’s World Media™ at firstname.lastname@example.org