Terms and Conditions of Use

Welcome to the www.brainfuel4kids.com website sponsored by California Innovations, Inc. The information on this Site is provided by California Innovations, Inc. (“CI”, “we” or “us”) in cooperation with promotional partners, organizations, and individuals from the fields of nutrition, science, health, learning, food, and communications.

We provide information about healthy choices for your children’s diet and lifestyle to help maximize their learning potential. The information on this Site is intended to support, not replace, the advice of your healthcare and nutritional professionals. It is not intended as specific medical or nutritional advice and is not a replacement for professional medical treatment or diagnosis. Please consult your physician, nutritionist or other health and wellness professional with any questions or concerns about your children’s nutrition and health.

Your Acceptance of the Terms and Conditions of Use
By using this Site you agree that you have read and understood these terms and conditions of use (“Terms”) and agree to be bound by these Terms, and to comply with all laws and regulations governing use of this Site. If you do not agree to these terms, please do not use this Site.

This site is operated from Orlando, Florida. We make no representation that the Content on this Site is appropriate or available in other countries beyond the U.S. and Canada. If you access this Site from other locations you are responsible for compliance with local laws.

Any claim relating to this Site or your use of it is governed by and interpreted under the laws of the Province of Ontario, without reference to its conflict of laws principles. Any dispute relating to this Site or your use of it will be brought in, and you hereby consent to exclusive jurisdiction and venue, in the courts sitting in Toronto, Ontario.

We reserve the right to make changes to this Site and to these terms at any time. Any change will be prospective only, unless retroactive effect is legally required. Your continued use of this Site will mean your acceptance of any new or changed terms. We reserve the right to deny, in our sole discretion, any user access to the Site or Services on the Site without notice.

Description of Services
We provide you with access to nutritional information, games, sweepstakes, products and services, and related resources, including download areas and communication forums (collectively "Services"). The Services are subject to these Terms and any license agreements, codes of conduct or rules regarding a Service and any Software and Content (the "License Agreement"). If there is any conflict between these Terms and the License Agreement for a Service, we will resolve the conflict in our sole discretion.

User Account, Password and Security
If you open an Account, please complete the registration with full and accurate information. You may be asked to choose a password and a screen name. Please do not use information that can identify who you are for your screen name. You are responsible for the confidentiality of your Account information and for all activities under your Account. You will notify us immediately of any unauthorized use or theft of your Account.

We will not be liable for any loss you may incur as a result of someone else using your Account. You will be liable for losses incurred by us due to someone else using your Account. You may not use anyone else's Account at any time. Your Account is personal to you and you may not transfer or make your Account available for others. Any distribution by you of your Account may result in its cancellation.

A Service may offer a feature that allows you to remember your password and bypass the password protection; this feature may make it possible for third parties to access your Account. Use of this feature will be at your own risk. System specifications necessary to access Services may continuously evolve over time. We reserve the right to change the system specifications necessary to access Services at any time and without prior notice.

Fees Charged by Third Party Sites
We may provide links to other websites, some of which may charge fees. Any charges you incur in your dealings with these third parties are your responsibility.

Software Licenses
Any Software that is downloadable or accessed from the Site is the copyrighted work of CI or our licensors. You may not install or use any Software, unless you agree to the applicable License Agreement. Any use of Software not in accordance with the License Agreement(s) is prohibited by law and may result in civil and criminal penalties.

For any Software not accompanied by a License Agreement, we hereby grant you a personal, non-exclusive, non-transferable, revocable, limited license to operate the Software solely for viewing and using the applicable Services for noncommercial and personal use only in accordance with these Terms, provided you keep intact all copyright and other proprietary notices. You may not sublicense, assign or transfer any Software. You may not modify or create any derivative works of any Software. You may not reverse engineer, decompile or disassemble any Software.

Content and Postings
By "Content," we mean the Software, communications, images, sounds, and all the Content and information made available from the Site or Services, whether owned and provided by us and our licensors or posted by users of the Services like you.

We do not attempt to monitor or prescreen all of the Content. If you encounter Content you find objectionable, you can report it to us. We do not endorse any Content that you or other third parties communicate on the Site. We do not assume any responsibility or liability for Content that is generated by users of the Site. We do not control the quality, accuracy or content of any translated versions of the Site. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content.

You acknowledge and agree that we may use built-in tracking features to obtain information about your use of the Site and Services, and you agree that this information is deemed Content. We reserve the right at all times to disclose any Content to satisfy any applicable law, regulation, legal process or governmental request.

We hereby grant you a personal, non-exclusive, non-transferable and non-assignable, limited license to operate and display, for noncommercial and personal use only, one copy of any Content that you are expressly authorized to download from this Site, (collectively the "Downloaded Content"); provided you maintain all copyright and other proprietary notices in or associated with the Downloaded Content. The Downloaded Content is provided on an “AS IS” basis without warranty of any kind and is subject to the disclaimers and limitations of liability below.

You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license. You may not modify, alter or create any derivative works of any Downloaded Content. We reserve the right to revoke this limited use license at any time, without notice, for any reason, and in our sole discretion.
You may not attribute or suggest any endorsement or approval of your use of the Downloaded Content by us in any manner. You may not use Downloaded Content on any Site that features defamatory, pornographic, or inflammatory content.

If you post any Content, including recipes or photographs (the “Posting”), you hereby agree that: (a) you specifically authorize CI to use, store, distribute or re-format such Posting or any portion thereof, throughout the world, in perpetuity, in or on any and all media without royalty or compensation of any kind, (b) expressly waive any and all rights of privacy, moral rights or rights of attribution and integrity, in and with respect to the Posting, (c) promise that any photograph is either a picture of you or that duplication and distribution of the photograph will not violate any right of or require any compensation to any person or entity, (d) promise that you are the copyright owner of the Posting or have all rights necessary to authorize its unfettered use and distribution, and (e) promise that you are eighteen (18) years of age or older. You understand that, once your Content, including recipes or photograph are posted, anyone can download or distribute that Posting.

Restrictions and Conditions of Use
You will not use the Services for any purpose that is unlawful or prohibited in these Terms or the Software License Agreements. You may not use the Services in any manner that could damage or impair any CI server, or the network(s) connected to any CI server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, Accounts, computer systems or networks connected to any CI server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any Content or information through any means not intentionally made available through the Services.

Statements made in forums reflect only the views of their authors. We specifically disclaim any liability with regard to the forums and any actions resulting from your participation therein. Moderators and hosts of such Communications Services may not be authorized CI spokespersons, and their views do not necessarily reflect those of CI.

You acknowledge and agree that your communications with other users via the forums are public and not private communications and you have no expectation of privacy concerning your use of the forums. You acknowledge that personal information you communicate may be seen and used by others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself through the forums. We are not responsible for information that you choose to communicate to other users via the forums, or for the actions of other users.

Code of Conduct
You agree that you may not access or use the Site or Services in order to:

Conduct or send surveys, contests, pyramid schemes, chain letters, junk e-mail, spam or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable.
Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, which are made available through such Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computer.
Except as expressly authorized by CI, advertise or offer to sell or buy any goods or services for any purpose, unless the Services specifically allow such messages.
Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other Content.
Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuous posting repetitive text), are prohibited.
Intentionally or unintentionally violate any License Agreement (including, without limitation, any end user license, code of conduct or other terms of use/service or guidelines) which may be applicable for any particular Service.
Harvest (in an automated manner or otherwise) or otherwise collect personal information about others, including e-mail addresses, or use such information to send unsolicited e-mails.
Intentionally or unintentionally violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services or the Software.
Impersonate or create a false identity (such as a celebrity or CI representative) for the purpose of misleading others, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof.
Attempt to get a password, other Account information, or other private information from a member or any other user of such Services.
Improperly use support or complaint buttons or make false reports to CI administrators.
Use, develop or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable License Agreements.
Use the Site or Services (including bulletin boards or other Communications Services) in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
Use the Site, Services or Software to resell or make any commercial use of the Site, Services or Software, or otherwise commercially exploit the same, without our prior express written consent.
Use the Services for fraudulent transactions or other commercial transactions prohibited by these Terms or applicable License Agreement or in any manner that is harmful or disruptive to CI, the Site, our licensees or other users.

Ownership
The Site and Services, including, without limitation, all Software and Downloaded Content, contain copyrighted Content, trademarks and other proprietary information (including, without limitation, images, photographs, animations, video, audio, music, text, and applets incorporated into the Software and character data). The entire contents of the Site and Services and each area contained therein are copyright protected as a collective work under the United States copyright laws. CI (or its licensor(s)) owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You acknowledge that CI or third-party licensors remain the owners of all right, title, and interest, including copyrights and other intellectual property rights, in and to all Content posted on the Site and Services, and derivative works thereof, and that you do not acquire any of those ownership rights by downloading or otherwise accessing such Content.

We respect the intellectual property of others and expect users of the Site and Services to do the same. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), if you believe that any use of the Site or Services constitutes copyright infringement, please send a notice to California Innovations, Inc. at 36 Dufflaw Road, Toronto, Ontario M6A 2W1, Canada. The notice must contain the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf; (b) description of the copyrighted work(s) that is/are allegedly being infringed; (c) the location of the allegedly infringed work(s); (d) your current contact information (e.g. address, phone number, and e-mail address); (e) a statement that you have a "good faith belief" that the use of the complained-of copyrighted work(s) is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you signed under penalty of perjury that all the information you provide in the notice is accurate and that you are the copyright owner or a person authorized to act on the copyright owner's behalf.

Termination of Account
We have the right to terminate or suspend, and you have the right to cancel, your Account(s) at any time. You understand and agree that, except as expressly provided by law, the cancellation of your Account is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to, or arising out of: (1) these Terms or our enforcement or application of these Terms; (2) the Content or Services available through the Site or any change in such Content; or (3) your ability to access or use the Services. You can cancel your Account(s) for a Service by following the procedures made available with the applicable Service or Site.

Warranties, Disclaimers of Warranties and Limitations of Liability
We warrant the Site, Services, Software, and Content on an “AS-IS” and "AS-AVAILABLE" basis for your use, without express or implied warranties or conditions of any kind.

We warrant that we provide the Site and Services on a commercially reasonable basis. We do not warrant that you will be able to access or use the Site and Services at all times or locations of your choosing, or that we will have adequate capacity for the Site and Services as a whole or in any specific geographic area at all times or any time. We do not warrant any connection to, transmission over, or results or use of, any network connection or facilities provided or failed to be provided through the Site or Services. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained there from.

We do not warrant the scientific, nutritional, health, medical or educational accuracy or completeness of the information presented or found on the Site, Services, Content or Links to the Site. None of the information is intended to be professional medical advice, diagnosis, or treatment. Always seek the advice of your physician, nutritionist or other qualified health and wellness professional with any questions you may have regarding any medical concerns or conditions. Reliance on the Content or any other information provided by CI or any of its employees, agents, promotional partners, organizations or individuals or others providing Content on the Site is solely at your own risk.

WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU FROM DELAYS, ERRORS, SYSTEM DOWN TIME OR SERVICE INTERRUPTIONS CAUSED BY US OR BY YOUR OR ANY OTHER USER'S ERRORS OR OMISSIONS.

YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT REGARDING CONDUCT, COMMUNICATION OR CONTENT OR USE OF THE SITE, SERVICES OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S). WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability
IN NO EVENT SHALL CI BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, DATA OR USE, PRODUCT LIABILITY, PERSONAL INJURY OR DEATH, WHETHER IN AN ACTION OF CONTRACT, NEGLIEGENCE OR OTHER TORTIOUS ACTION RESULTING FROM THE USE OF THIS SITE OR ARISING OUT OF THE USE OF OR RELIANCE ON THE CONTENT AND SERVICES AVAILABLE ON THIS SITE, REGARDLESS OF WHETHER CI OR AN AUTHORIZED CI REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Third Party Site
THE LINKED SITES ARE NOT UNDER OUR CONTROL AND MAY COLLECT DATA OR SOLICIT PERSONAL INFORMATION FROM YOU. WE ARE NOT RESPONSIBLE FOR THEIR CONTENT, BUSINESS PRACTICES OR PRIVACY POLICIES, OR FOR THE COLLECTION, USE OR DISCLOSURE OF ANY INFORMATION THOSE SITES MAY COLLECT. WE ARE NOT RESPONSIBLE FOR ANY FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. WE MAKE NO REPRESENTATION OR WARRANTY WITH REGARD TO THIRD PARTY SITES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS, SERVICES, SOFTWARE OR CONTENT PROVIDED ON SUCH SITES.

Indemnity
You agree to indemnify and hold us harmless from and against any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third-party due to or arising out of your use of the Services or conduct on the Site, or any violation by you of these Terms.

Notices
All notices given by you or required under these Terms shall be in writing and sent to: This e-mail address is being protected from spambots. You need JavaScript enabled to view it . We may give notice to you by means of a general notice on the Site or Services, electronic mail to your e-mail address on record in our Account information, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in our Account information.

The parties hereto have requested that these Terms and all correspondence and all documentation relating to these Terms be written in the English language.

Privacy Policy
See our Privacy Policy relating to the collection and use of your information, which is incorporated into and forms a part of these Terms.

California Innovations® is a registered trademark of California Innovations, Inc. in the U.S., Canada, Japan, Australia, and the EU. All trademarks or trade names are the property of their respective owners.

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