Ignorance of the law excuses no man from practicing it.
Welcome to BrainyQuote.com (the "Site"), one of the most fun and supremely educational sites on the web, created by Xplore, Inc., a corporation doing business in the Lone Star State. We thought we would take a break from sharpening our spurs, raising thoroughbreds and rooting for the Dallas Mavericks ("Hey Mark Cuban, give us a call!"), to write these Terms of Service. This document constitutes a legally-binding agreement ("Agreement") governing the terms of providing you with our service.
Throughout this document, the words "BrainyQuote," "BrainyQuote.com," "Xplore, Inc.," "us," "we," and "our," refer to us, Xplore, Inc., or our website, BrainyQuote.com as is appropriate in the context of the use of the words. Likewise, the words "you" and "your" refer to you, the person who is being presented with this document for your agreement. Also, the sky is blue and grass is green.
That service is the noblest which is rendered for its own sake.
BrainyQuote, the world's largest famous quotations website, offers a free, all-access pass to the world of quotations. We educate and entertain audiences of all ages with family-friendly quotations from history's most prominent figures through to today's newsmakers - famous celebrities, athletes, politicians, authors, and everything in between. BrainyQuote is supported by ad revenue generated from ads that appear on our sites.
In keeping with our mission to share our knowledge with the world, BrainyQuote provides a hand-selected 'Quote of the Day' on our Quote of the Day page, on Facebook, Twitter, Pinterest, and Google+. You can 'Like' us, Follow us, +1 us, or sign up for our RSS feeds to receive our daily quote in your newsfeed.
Unlike certain websites (which shall remain nameless... but you know who you are), we strive to source our quotes and review them to ensure their accuracy. However, we can't provide any 100% assurances about the quotes we post. That said, most people find our site enormously satisfying, and they love and adore our wonderful site.
Since fans share our unbridled enthusiasm for quotations, the BrainyQuote submission form allows individuals to upload quotes by famous people with a reference URL as an accompanying source. We appreciate submissions, but do not guarantee BrainyQuote will publish them. Visitors can also email suggestions to us; we appreciate these, but there's no guarantee we will follow them. A human being (not a quote-bot!) reviews each and every submission and suggestion submitted. While we actively respond to submissions and suggestions by making appropriate additions, changes or enhancements to our site, we do not reply to individual submissions or suggestions.
You may access and use our Site only for your personal use. Any other access to or use of the Site or its content constitutes a violation of this Agreement and may violate applicable copyright, trademark, or other laws.
You may not access, use, or copy any portion of the Site or its content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Site's content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or its Content or any access to or use of the Site or its Content.
Information is not knowledge.
By disclosing or offering any information to us, including quotes, ideas, suggestions or other information (each, a "Submission"), either through your use of the Site or otherwise, you authorize BrainyQuote to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the Submission on the Site. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to BrainyQuote an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to use, copy, adapt, publish, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing.
By making a Submission, you represent and agree that all information that you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief. You also agree that you will not post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personally identifiable information.
If you're under thirteen, we're impressed that you're spending your time looking up quotes from influential people rather than Tweeting your friends all day long. However, the Children's Online Privacy Protection Act prohibits us from collecting certain information from you, so don't submit any quotes to our website or email suggestions to us. Our submission form permits uploaders to email suggestions to us, which would mean we have your name and your email address... but we don't want to know your name, and we don't want to see your email address. If you're under 13, do not share your information with us! Thanks.
This Site may include hyperlinks to other websites which are not maintained by BrainyQuote. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply endorsement by BrainyQuote of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to external websites may be different from those applicable to our Site. If you decide to access any external website through a link within our Site, you do so entirely at your own risk, and BrainyQuote will have no liability for any loss or damage arising from your access or use of any external website. Since BrainyQuote is not responsible for the availability of these websites, or their content, you should direct any concerns regarding an external website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Site are not intended to imply that: (a) we are affiliated or associated with any external website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.
Despite being the largest (and nearly the oldest) quotation website on the Internet, we haven't yet become so megalomaniacal as to declare we own the exclusive rights to quotes that other people have said. However, we do own the copyright to the arrangement of information on our website.
Plus, we can make you agree to stuff through this contract that further limits your rights, such as by writing this: You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Site, or our Site itself, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating information on our Site that is in the public domain and publishing it elsewhere. This prohibition does not extend to uses which would, if governed solely by the copyright law of the United States, be considered a "fair use."
In other words, by accepting this Agreement, you can use our stuff for legitimate academic, research, and reporting projects, but you can't use it to just copy and paste a bunch of our stuff on your own website. That hurts our search engine rankings, not to mention our feelings. We'd also point out that we don't pay for anything you submit to us via our submission form or suggestion email inbox simply because you provide it of your own volition. By submitting material to us, you acknowledge that you have the right to do so, and that you completely transfer to us any rights you might have had in the submission.
Also, all photographs published on BrainyQuote, and on our 'Quote of the Day' social media pages on Facebook, Twitter, Pinterest, and Google+, are protected by copyright. Our photographs are so awesome, we've watermarked each and every one of them. You agree not to copy, distribute, display, disseminate, or otherwise reproduce BrainyQuote photographs, without our prior written permission. That said, there is one exception: You can share our photographs via social media as long as, and only if, they link back to BrainyQuote. If you steal our images, publish them and link them back your own website, we will find you... and that won't be good! Share our photographs, enjoy them, be inspired by them - do not infringe on them, and we will remain friends.
BrainyQuote is a trademark owned by us, Xplore, Inc., to uniquely identify our famous quotations website. You agree not to use this phrase anywhere without our prior written consent. In other words, by accepting this Agreement, you cannot use the name BrainyQuote for any purpose, and you cannot use our logo on your own website, your blog, use it as your Facebook or Twitter icon, to create a temporary tattoo, or any other cockamamie reason. Now, if you get a permanent BrainyQuote tattoo, we want to see it. (Photo or it didn't happen!) We know the BrainyQuote name and logo is cool, but it's our property, not yours. Got it? Good.
Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent. What is a trade dress, you ask? We're not quite sure ourselves, but our lawyers assure us that it doesn't involve wearing a tux to a black-tie event. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
Where BrainyQuote has given prior written consent for your use of our protected material in accordance with our above "Copyright" and "Trademarks" provisions, we may revoke that consent at any time. If we so request, demand, yell, pontificate, or filibuster, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.
BrainyQuote reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to, the breach of any agreement between you and BrainyQuote, including, without limitation, this Agreement. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.
THE USE OF THIS SITE BY YOU IS AT YOUR SOLE RISK. ACCORDINGLY, THE SITE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. WE MAKE NO REPRESENTATIONS OR WARRANTIES: (a) AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE; (b) THAT THE USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (c) THAT THE USE OF THIS SITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (d) THAT THE QUOTES OR ANY OTHER INFORMATION PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (e) THAT ANY DEFECTS IN THE SITE OR ITS CONTENT WILL BE CORRECTED; OR (f) THAT THE SITE AND ITS CONTENTS ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
WE MAKE NO REPRESENTATION THAT THE SITE OR ITS CONTENTS IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THIS SITE FROM LOCATIONS OTHER THAN IN THE UNITED STATES, YOU DO SO AT YOUR OWN INITIATIVE, AT YOUR OWN RISK, AND ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LOCAL LAWS.
IN NO EVENT WILL BRAINYQUOTE, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING (COLLECTIVELY, OUR "REPRESENTATIVES"), BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES, INCLUDING ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR SIMILAR DAMAGES, ALLEGED UNDER ANY LEGAL THEORY IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICE, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, TOTALLY INACCURATE QUOTES THAT WERE EITHER NEVER SAID BY ANYBODY NOTABLE OR JUST ATTRIBUTED TO THE WRONG PERSON (WE DON'T KNOW HOW THAT'S WORTHY OF A LAWSUIT, BUT WHATEVER), OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
WITHOUT LIMITING ANY OF THE FOREGOING, IF BRAINYQUOTE OR ANY OF ITS REPRESENTATIVES IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, OR YOUR USE OF THE SITE OR ITS CONTENTS, THE MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS WILL NOT EXCEED $100 IN ANY CALENDAR YEAR.
If you prefer, we will pay you in quotes, all in a language you can't read, and sent in giant stone tablets on your front porch. Ok, we're kidding since that would cost a lot of money, but really... Please don't sue us.
You agree to defend, indemnify and hold us and our Representatives harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of the Site, its content and any services available on or through the Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims, and we may require you to pay for an attorney(s) of our choice in such cases. However, we reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
This Agreement shall be governed by the laws in force in the State of Texas. The offer and acceptance of this contract is deemed to have occurred in the State of Texas.
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Texas.
If you bring a dispute in a manner other than in accordance with this section, in the words of George Herbert Walker Bush, "This will not stand, this aggression..." You agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, car and kids' college tuition payments, and disbursements in doing so. Ok, so we're kidding about the car and kids' tuition... unless you want to pay for it (after all, Ivy league college is expensive).
You agree that the prevailing party is entitled to all of its reasonable attorneys' fees, court costs, and disbursements from the unsuccessful party in any dispute. To the victor go the spoils!
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE MATTERS CONTEMPLATED HEREBY.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, attacks from outer space, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Our waiver of any breach of this Agreement will not be a waiver of any preceding or subsequent breach. In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other's operation, Xplore, Inc. shall have the sole right to elect which provision remains in force. There is a very good reason for our having the upper hand: You agreed to it. That is all.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
Any provisions of this Agreement that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site.
If you have any questions regarding the Site or this Agreement please email us.
We hope you have enjoyed reading our epic terms of service. We are not sure why you have so much time on your hands, but congratulations on your life of leisure. Quiz coming soon!
Last updated: February 12, 2014
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