Please read this carefully before using this Website:
Brainsy.com maintains this site for information and communication purposes. This webpage contains the Terms & Conditions governing your access to and use of the Brainsy.com website (the “website” or “site”). If you do not accept these Terms & Conditions or you do not meet or comply with their provisions, you may not use the Website.
YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS AND SHALL BE FURTHER CONDITIONED UPON YOUR CLICKING THE “I AGREE TO THE TERMS & CONDITIONS” BUTTON AT ANY POINT DURING THE REGISTRATION PROCESS. IF THESE TERMS & CONDITIONS ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.
2. Changes to Terms
Brainsy, Inc. may, at any time, for any reason and without notice, make changes to (a) this Website, including its look, feel, format, and content, as well as (b) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms & Conditions upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.
The website is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise, the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website, Brainsy, Inc. makes no representation that the information, opinions, advice or other content on the Website (collectively the “Content”) is appropriate or that its products and services are available in all jurisdictions. Those who choose to access this Website do so at their own risk and are responsible for compliance with applicable local laws.
4. Scope and Use and User Email
You are authorized to view, use, copy for your own records and download small portions of the Content (including, without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all of the copyright notices, including copyright management information or other proprietary notices intact. You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content of this Website or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited. Email submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before emailing any information. You agree not to submit or transmit any emails or materials through the Website that (a) are defamatory, threatening, obscene or harassing, (b) contain a virus, worm, Trojan horse or any other harmful component, (c) incorporate copyrighted or other proprietary material of any third party without the party’s permission or (d) otherwise violate any applicable laws. Brainsy, Inc. shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms & Conditions or as set forth in any additional terms and conditions relating to specific products or services or as otherwise specifically agreed or required by law. The commercial use, reproduction, transmission or distribution of any information, software or other Website material without the prior written consent of Brainsy, Inc. is strictly prohibited.
5. Copyrights and Trademarks
The materials at this Site, as well as the organization and layout of this Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site or portions of this Site, must include Brainsy, Inc.’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you are a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; created derivative works from, link to or from in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Brainsy, Inc. Except as expressly provided under the “Scope of Use” Section above, you may not use, reproduce, modify, transmit, distribute or publicly display or operate this Website without the prior written permission of Brainsy, Inc. You may not use a part of this Website on any other website without written consent of Brainsy, Inc. Brainsy, Inc. respects the intellectual property rights of others and expects its Users to do the same. The policy of Brainsy, Inc. is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
Advance permission to link to the Brainsy.com website is generally not necessary. Any party linking to the website should be aware, however, that the Brainsy.com website may change at any time without notice. Anyone linking to the website shall not present the Brainsy.com website as their or its own site or otherwise misrepresent the site’s content or misinform users about the origin or ownership of the site’s content. Any link to the Brainsy.com website should be a full forward link that passes the user’s browser to the Brainsy.com site unencumbered. The web browser’s “back” button should return the visitor to the originating site if the visitor wishes to back out of the site. Brainsy.com permits the establishment of links to external websites solely in conformance with the purpose of its site and its policies. Brainsy.com imposes reasonable restrictions on the establishment of links to external websites and, in part, will not provide links to websites associated with or sponsored by hate or exhibiting hate, bias, discrimination or any basis, obscenity or otherwise defamatory content. Brainsy.com reserves the right to deny any external link in its sole discretion or remove any external link without prior notice in any case where such external link does not conform with the policies of Brainsy.com.
7. No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to Brainsy, Inc. that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Website in any manner that could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Gathering email addresses from Brainsy, Inc. through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials or any other forms of solicitation to other Users of the Site is prohibited. Inquiries regarding a commercial relationship with Brainsy, Inc. should be directed to the Company.
9. No Warranties
THE WEBSITE AND ANY CONTENT ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURANCE AND NOT-INFRINGEMENT, ALL OF WHICH BRAINSY, INC. EXPRESSLY DISCLAIMS, BRAINSY, INC. DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT, AND BRAINSY, INC. WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE, BRAINSY, INC. MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY BRAINSY, Inc. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. Governing Law, Location, and Miscellaneous
These Terms & Conditions shall be governed in all respects by the laws of the State of Delaware, USA, without reference to its choice of laws rules. If an applicable law is in conflict with any part of this Terms & Conditions, the Terms & Conditions will be deemed modified to the extent required to conform to the law. The other provisions will not be affected by any such modification.
11. Separate Agreements
You may have other agreements with Brainsy, Inc. Those agreements are separate and in addition to these Terms & Conditions. These Terms & Conditions do not modify, revise or amend the terms of any other agreements you may have with Brainsy, Inc.
12. Copyright Policy
Brainsy, Inc. respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify us immediately and provide the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of any exclusive right that is allegedly infringed, (b) identification of the copyrighted work claimed to have been infringed, (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, (d) address, telephone number and, if available, an electronic email address where we may contact you, (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law, and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
13. User Disputes
You are solely responsible for your interactions with other Users of the Website. Brainsy, Inc. reserves the right, but has no obligation, to monitor disputes between you and any other Users.
14. User Submissions and Communications; Public Areas
You acknowledge that you own, solely responsible or otherwise control all of the rights to the content you post; that the content is accurate; that use of the content you supply does not violate these Terms & Conditions and will not cause injury to any person or entity; and that you will indemnify Brainsy, Inc. as well as its officers, directors, shareholders and affiliates for all claims resulting from any content which you might supply. If you make any submission to an area of the Website accessed or accessible by the public (a “Public Area”) or if you submit any business or personal information, idea, concept or invention to Brainsy, Inc. by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted to Brainsy, Inc. a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium or any form, format or forum now known or hereafter developed. Brainsy, Inc. may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business or personal information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to Brainsy, Inc. by email. We try to answer every email in a timely manner, but are not always able to do so. Some of the forums (individual bulletin boards and posts on social networks for instance) on the Website are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer may periodically perform an administrative review for the purpose of deleting message that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. Brainsy, Inc. has full discretion to delete messages. Brainsy, Inc. reserves the right but is not obligated to do any or all of the following: (a) record the dialogue in public chat rooms, (b) examine an allegation that a communication does not conform to the Terms & Conditions and determine in its sole discretion to remove or request the removal of such a communication, (c) remove communications which are abusive, illegal or disruptive or that otherwise fail to conform to these Terms & Conditions, (d) terminate a User’s access to any or all Public Areas and/or the Brainsy, Inc. Site upon any breach of these Terms & Conditions, (e) monitor, edit or disclose any communication posted on the Brainsy, Inc. Site or (f) edit or delete any communication posted on the Brainsy, Inc. Site regardless of whether such communication violated these provisions. Brainsy, Inc. reserves the right to take any action it deems necessary to protect the personal safety of our Users or the public. Brainsy, Inc. has no liability or responsibility to Users or the Brainsy, Inc. Website or to any other person for performance or nonperformance of the aforementioned activities.
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Brainsy, Inc. confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms & Conditions or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held within New Castle County, Delaware, USA. All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives and the arbitrator as proprietary business information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties of their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
16. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK, BRAINSY, INC. SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT INCIDENTAL, PUNITIVE CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WTIH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF BRAINSY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN OR DELAYS IN TRANSMISSION OF, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DISTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY BRAINSY, INC. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU OR YOUR USE.
You agree to defend, indemnify, and hold Brainsy, Inc., its officers, directors, employees, agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees resulting from or alleged to result from your violation of these Terms & Conditions.
18. Refund Policy
Brainsy, Inc. has every incentive to keep customers happy by providing a quality service. Brainsy, Inc. will, in its sole and absolute discretion, allow for refunds from services rendered on any Brainsy, Inc. owned sites for any reason that Brainsy, Inc. deems appropriate. For sites powered but not owned by Brainsy, Inc., Brainsy, Inc. may work with the site sponsor to investigate the validity of any refund requests made within 30 days of purchase. However, the site Sponsor will ultimately decide, in its sole and absolute discretion, as to the validity of any refund requests.
19. Accounts and Security
Brainsy, Inc. does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components. As part of the registration process, each User will select a password and login name. You shall provide Brainsy, Inc. with accurate, complete and updated account information. Failure to do so shall constitute a breach of this Terms & Conditions which may result in immediate termination of your account. You may not: (a) select or use a login name of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization or (c) use a login name that we, in our sole discretion, deem to be inappropriate or offensive. You shall notify Brainsy, Inc. of any known or suspected unauthorized use of your account or any known or suspected breaches of security including loss, theft or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your account at the sole discretion of Brainsy, Inc. and you may be reported to appropriate law enforcement agencies.