By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
USE OF SERVICE:
User Owned Data
All data and images uploaded by User remains the property of User, as between Brainstum and User (User Data).
User grants Brainstum the right to use the User Data solely for purposes of providing required and corresponding services on Brainstum to Users.
User Responsibilities
User
(i) must keep its passwords secure and confidential;
(ii) is solely responsible for User Data and all activity in its account in the Service;
(iii) must use reasonable efforts to prevent unauthorized access to its account, and notify Brainstum promptly of any such unauthorized access; and
(iv) may use the Service only in accordance with the Service’s terms and conditions.
Acceptable Use
You agree not to post User Content that:
(i) is explicit pornographic (including shots of genitals);
(ii) creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;
(iii) may create a risk of any other loss or damage to any person or property;
(iv) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
Third Party Services
The Service interoperates with Third Party Services, and depends on the continuing availability and access to Third Party Services.
If for any reason Brainstum cannot access or use Third Party Services (including without limitation, change in terms or
increase in fees charged by Third Party Services), Brainstum may not be able to provide all of the functions of its Service.
No refund or credit will be provided for temporary unavailability of any Third Party Services (for example, maintenance or downtime).
DISCLAIMER:
Brainstum disclaims all warranties, including, without limitation, the implied warranties of merchantability,
title and fitness for a particular purpose. While Brainstum takes reasonable physical, technical and administrative
measures to secure the Service, Brainstum does not guarantee that the Service cannot be compromised.
User understands that the Service may not be error free, and use may be interrupted.
MUTUAL CONFIDENTIALITY:
Definition of Confidential Information
Confidential Information means all non-public information disclosed by a party (Discloser) to the other party (Recipient),
whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential
given the nature of the information and the circumstances of disclosure (Confidential Information). Brainstum Confidential
Information includes without limitation the Service (including without limitation the Service user interface design and layout, and pricing information).
Protection of Confidential Information
The Recipient must use the same degree of care that it uses to protect the confidentiality of its own
confidential information (but in no event less than reasonable care) not to disclose or use any Confidential
Information of the Discloser for any purpose outside the scope of this agreement. The Recipient must make commercially
reasonable efforts to limit access to Confidential Information of Discloser to those of its employees and contractors
who need such access for purposes consistent with this agreement and who have signed confidentiality agreements with
Recipient no less restrictive than the confidentiality terms of this agreement.
Exclusions
Confidential Information excludes information that:
(i) is or becomes generally known to the public without breach of any obligation owed to Discloser,
(ii) was known to the Recipient prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser,
(iii) is received from a third party without breach of any obligation owed to Discloser, or
(iv) was independently developed by the Recipient without use or access to the
Confidential Information. The Recipient may disclose Confidential Information to the extent required by law or
court order, but will provide Discloser with advance notice to seek a protective order.
INTELLECTUAL PROPERTY:
Reservation of Rights
The software, workflow processes, user interface, designs, and other technologies provided by Brainstum as
part of the Service are the proprietary property of Brainstum and its licensors, and all right, title and
interest in and to such items, including all associated intellectual property rights, remain only with Brainstum.
User may not remove or modify any proprietary marking or restrictive legends in the Service. Brainstum reserves
all rights unless expressly granted in this agreement. All third-party apis, plugins, scripts, content, articles and any software used on the
website are owned by their respective authors, as stated in their licenses texts.
Restrictions
User may not
(i) sell, resell, rent or lease the Service or use it in a service provider capacity;
(ii) use the Service to store or transmit infringing, unsolicited marketing emails, libelous, or
otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights;
(iii) interfere with or disrupt the integrity or performance of the Service;
(iv) attempt to gain unauthorized access to the Service or their related systems or networks;
(v) reverse engineer the Service; or
(vi) access the Service to build a competitive service or product, or copy any feature, function or graphic for competitive purposes;
Aggregate Data
During and after the term of this agreement, Brainstum may use non-personally identifiable User Data within
the Service for purposes of enhancing the Service, aggregated statistical analysis, technical support and other business purposes.
BREACH:
Without limiting other remedies, Brainstum may limit your activity, immediately remove your information,
warn other users of your actions, immediately temporarily/ indefinitely suspend or terminate or block your membership and/or
refuse to provide you with access to the website in the event.
RULES AND TERMS:
(i) Only winners will receive prize
(ii) Dispute(s), if any, arising, will be subject to Brainstum's jurisdiction
LIABILITY LIMIT:
Exclusion of Indirect Damages
Brainstum is not liable for any indirect, special, incidental or consequential damages arising out of or related
to this agreement (including, without limitation, costs of delay; loss of data, records or information; and lost profits),
even if it knows of the possibility of such damage or loss.
Total Limit on Liability
Brainstum total liability arising out of or related to this agreement
(whether in contract, tort or otherwise) does not exceed the amount paid by User within 30 days
period prior to the event that gave rise to the liability.
INDEMNITY:
If a third-party claims against Brainstum that any part of the User Data infringes or violates that party’s patent,
copyright or other right, User will defend Brainstum against that claim at User’s expense and pay all costs, damages,
and attorney’s fees, that a court finally awards or that are included in a settlement approved by User,
provided that Brainstum: promptly notifies User in writing of the claim; and allows User to control,
and cooperates with User in, the defense and any related settlement.
