Ignorance of the law excuses no man from practicing it.
Welcome to BrainyQuote, 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, Google+ and Tumblr. 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.
Information is not knowledge.
You can browse our website anonymously, at any time, and for any reason... A term paper is due, you're bored, you need to impress a prospective employer, or your latest crush... (Whatever the situation, we're there for you!) If you have time on your hands, and wish to submit a quote for our consideration, we require that you submit information about the author and quotation, and a source URL, and optionally, your name. If you submit your name, it will never be published on our site, and will not be listed anywhere for that matter, ever. If you have a great suggestion for us, you can submit your suggestion via email. BrainyQuote does not and will not publish your email address; it will not be listed anywhere for that matter, ever. 'Nuff said.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 include their name, and emailing a suggestion would mean we have 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.
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 website, or our website itself, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating information 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.
The name "BrainyQuote", and the BrainyQuote logo, are owned by Xplore, Inc. and protected by copyright. You agree not to copy, distribute, display, disseminate, or otherwise reproduce the BrainyQuote name or the BrainyQuote logo, without our prior written permission.
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.Also, all photographs published on BrainyQuote, and on our 'Quote of the Day' social media pages on Facebook, Twitter, Pinterest, Google+ and Tumblr, 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.
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.
We make no representations or warranties as to the merchantability of our service or fitness for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you 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 this release of liability, 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. If there is no minimum then 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 that we are not responsible in any way for offers made by third parties through our website. We can't accept liability for this kind of stuff because most, if not all, of our ads are just displayed through third parties like Google and we let them have a banner on our website.We are not liable for any failure of our service, including any failures or disruptions, scheduled or unscheduled, intentional or unintentional, on our website which prevent access to our website temporarily or permanently, even if caused as a result of our extreme negligence, like using our server computers as stands for our ping pong table.
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!
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.
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 19, 2013
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