| Brainspire.com - Terms of Service |
|
General | Refund
Policy | License | Privacy
| Disclaimers | Online
Commerce | Use of Company Directories
| Interactive Features | Registration
| Passwords | Limitation
of Liability | Termination | Other
General
This Brainspire.com website (the "Service")
contains material that is protected by international copyright, trademark
and other intellectual property laws. Unless otherwise specified, the
Service is intended for your personal, noncommercial use only. You may
not modify, copy, reproduce, republish, upload, post, transmit or distribute
in any way any material, including code and software, from the Service.
You may download material from the Service and may use the Service for
your personal, non-commercial use only, provided you keep intact all
copyright and other proprietary notices.
As part of our Service, Brainspire.com
agrees to provide you with information subject to these Terms of Service.
You agree to use the Service in accordance with these Terms of Service.
Accessing our Service, in any manner, for the purpose of obtaining information,
technical or otherwise, about the Service constitutes use of the Service
such that the party accessing the Service is bound by these Terms of Service.
Because the Web is an evolving medium, we may need to change these Terms
of Service or impose new conditions on use of the Service, from time to
time, in which case we will post the revised Terms of Service on this
website. By continuing to use the Service after we post any such changes,
you accept the Terms of Service, as modified.
You may establish a hypertext link to
this Service so long as the link does not state or imply any sponsorship
of your site by Brainspire.com. However, you may not, without the prior
written permission of Brainspire.com, frame any of the content of the
Service, or incorporate into another website or other service any intellectual
property of Brainspire.com.
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Refund Policy
Once a purchase has been completed, all sales
are final. You cannot cancel a purchase or receive a refund for a purchase.
If for some reason you do not receive the documents that you have purchased,
please contact us and we will
be happy to email the documents to you.
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License
to Brainspire.com
By posting messages, uploading files, or otherwise providing any material
for display on the Service, you are representing that you are the owner
of the material, or are making your submission with the express consent
of the owner of the material. In addition, when you post a message, upload
a file, or otherwise provide us with material for display on the Service,
you are granting Brainspire.com a royalty-free, perpetual, non-exclusive,
unrestricted, worldwide license to:
1. Use, copy, sublicense, adapt, transmit,
publicly perform or display any such communication.
2. Sublicense to third parties the unrestricted right to exercise any
of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the
right to exploit any proprietary rights in such communication, including,
but not limited to rights under copyright, trademark, service mark or
patent laws under any relevant jurisdiction.
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Privacy
The following privacy policy governs our online collection of
information from you. We may collect and store information, personal or
otherwise, that you voluntarily supply to us online as part of the Service.
We also collect and store information that is generated automatically
as users navigate online through the Service.
In addition, please keep in mind that
whenever you voluntarily disclose personal information online, for example
on message boards, through email, or in chat areas, that information can
be collected and used by others besides Brainspire.com. Brainspire.com
cannot be responsible for any unauthorized third party use of information
that you disclose online.
We use "cookies" in a limited
way to help identify unique browsers that visit us and to track usage
throughout our site.
Be aware that we may occasionally release
information about our visitors when release is appropriate to comply with
law, to enforce our Terms of Service agreement, or to protect the rights,
property or safety of users of our Services, the public, or Brainspire.com.
Please also note that as our business
grows, we may buy or sell various assets. In the unlikely event that we,
some or all of our assets, or one or more of our websites is acquired
by another company, information on our users may be among the transferred
assets.
• We do NOT knowingly allow children
under the age of thirteen to publicly post or otherwise distribute personally
identifiable contact information through the Service.
• Because we do not collect any
personally identifiable information from children under the age of thirteen
as part of the Service, we do NOT condition the participation in the Service's
online activities of a child under thirteen on providing personally identifiable
information.
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Disclaimers
This Service includes links and pointers to Internet sites, content
and services provided by third parties. Brainspire.com's linking to any
third party sites does not imply an endorsement or sponsorship of such
sites, or the information, products or services offered on or through
the sites. In addition, neither Brainspire.com, nor their affiliates operate
or control in any respect any information, products or services that third
parties may provide on or through the Service or on websites linked to
by Brainspire.com. The materials, information, products and services offered
on or through the Service and any third-party sites are provided "as
is" and without warranties of any kind either express or implied.
To the fullest extent permissible pursuant to applicable law, Brainspire.com
disclaims all warranties, express or implied, including, but not limited
to, implied warranties of merchantability and fitness for a particular
purpose. Brainspire.com does not warrant that the Service or any of its
functions will be uninterrupted or error-free, that defects will be corrected,
or that any part of this Service, including bulletin boards, or the servers
that make it available, are free of viruses or other harmful components.
Brainspire.com does not warrant or make
any representations regarding the use or the results of the use of the
Service or materials in this Service or in third-party sites in terms
of their correctness, accuracy, timeliness, reliability or otherwise.
You (and not Brainspire.com) assume the entire cost of all necessary maintenance,
repair or correction.
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Online
Commerce
In addition, Brainspire.com may allow you to purchase many different
types of products and services online that are provided by third parties.
Brainspire.com is not responsible for the quality, accuracy, timeliness,
reliability or any other aspect of these products and services. If you
make a purchase from a merchant on the Brainspire.com or on a site linked
to by Brainspire.com, the information obtained during your visit to that
merchant's online store or site, and the information that you give as
part of the transaction, such as your credit card number and contact information,
is collected by the merchant. A merchant may have separate privacy and
data collection practices. Brainspire.com has no responsibility or liability
for these independent policies. For more information regarding a merchant,
its online store, and its privacy policies, return to that merchant's
home page and click on its information links or contact the merchant website
directly. You release Brainspire.com and its affiliates from any damages
that you incur, and agree not to assert any claims against them, arising
from your purchase or use of any products or services made available by
third parties through Brainspire.com.
When you purchase products or services
on or through Brainspire.com, you may be subject to additional terms and
conditions that specifically apply to your purchase or use of such products
or services. If you have any questions about these additional terms and
conditions, you should contact the merchant of such products or services
directly.
You agree to be financially responsible
for all purchases made by you or someone acting on your behalf through
the Service. You agree to use the Service and to purchase services or
products through the Service for legitimate, non-commercial purposes only.
You also agree not to make any purchases for speculative, false or fraudulent
purposes or for the purpose of anticipating demand for a particular product
or service. You agree to only purchase goods or services for yourself
or for another person for whom you are legally permitted to do so. When
making a purchase for a third party that requires you to submit the third
party's personal information to Brainspire.com or a merchant, you represent
that you have obtained the express consent of such third party to provide
such third party's personal information.
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Use of Company Directories
The information contained in any company
directories that may be provided on the Service is provided for business
lookup purposes and is not to be used for marketing or telemarketing applications.
This information may not be copied or redistributed and is provided "AS
IS" without warranty of any kind. In no event will Brainspire.com or
its suppliers be liable in any way with regard to such information.
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Interactive
Features
This Service may include a variety of features, such as bulletin
boards, chat rooms, and email services, that allow feedback to Brainspire.com
and real-time interaction between users and other features, such as personalized
homes pages and e-mail services, that allow users to communicate with
others. Responsibility for what is posted on bulletin boards, chat rooms
and other public posting areas on the Service lies with each user - you
alone are responsible for the material you post. Brainspire.com does not
control the messages, information or files that others may provide through
the Service. It is a condition of your use of the Service that you do
not:
• Restrict or inhibit any other
user from using and enjoying the Service.
• Use the Service to post or transmit
any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar,
pornographic, profane or indecent information of any kind, including without
limitation any transmissions constituting or encouraging conduct that
would constitute a criminal offense, give rise to civil liability or otherwise
violate any local, state, national or international law.
• Use the Service to post or transmit
any information, software or other material that violates or infringes
upon the rights of others, including material that is an invasion of privacy
or publicity rights or that is protected by copyright, trademark or other
proprietary right, or derivative works with respect thereto, without first
obtaining permission from the owner or right holder.
• Use the Service to post or transmit
any information, software or other material that contains a virus or other
harmful component.
• Use the Service to post, transmit
or in any way exploit any information, software or other material for
commercial purposes, or that contains advertising.
• Use the Service to advertise
or solicit to anyone to buy or sell products or services, or to make donations
of any kind, without the express written approval of Brainspire.com.
• Gather for the purpose of spamming
e-mail addresses that have been posted by other users of the Service.
You understand that Brainspire.com has
no obligation to monitor any bulletin boards, chat rooms, or other areas
of the Service through which users can supply information or material.
However, Brainspire.com reserves the right at all times to disclose any
information as necessary to satisfy any law, regulation or governmental
request, or to refuse to post or to remove any information or materials,
in whole or in part, that in Brainspire.com's sole discretion are objectionable
or in violation of these Terms of Service.
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Registration
To use certain features of the Service, you must register with
Brainspire.com on the form provided. You agree (a) to provide true, accurate,
current and complete information about yourself as prompted by the Service's
registration form, and (b) to maintain and promptly update the information
you provide to keep it true, accurate, current and complete. If Brainspire.com
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or
any portion thereof). Our use of any personally identifying information
you provide to us as part of the registration process is governed by the
terms of our Privacy Policy.
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Passwords
To use certain features of the Service, you will need a username
and password, which you will receive through the Service's registration
process. You are responsible for maintaining the confidentiality of the
password and account, and are responsible for all activities (whether
by you or by others) that occur under your password or account. You agree
to notify us immediately of any unauthorized use of your password or account
or any other breach of security, and to ensure that you exit from your
account at the end of each session. Brainspire.com cannot and will not
be liable for any loss or damage arising from your failure to protect
your password or account information.
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Limitation
of Liability
Under no circumstances, including, but not limited to, negligence,
shall Brainspire.com, be liable for any direct, indirect, incidental,
special or consequential damages that result from the use of, or the inability
to use, Brainspire.com materials, products, or services, or third party
materials, products, or services made available through the Service, or
any part of the Service, even if Brainspire.com is advised beforehand
of the possibility of such damages. (Because some states do not allow
the exclusion or limitation of certain categories of damages, the above
limitation may not apply to you. In such states, the liability of Brainspire.com
is limited to the fullest extent permitted by such state law.) You specifically
acknowledge and agree that Brainspire.com is not liable for any defamatory,
offensive or illegal conduct of any user. If you are dissatisfied with
any Brainspire.com materials, products, or services, or with any of Brainspire.com's
terms and conditions, your sole and exclusive remedy is to discontinue
using the Service.
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Termination
Brainspire.com may cancel or terminate your right to use the Service
or any part of the Service at any time without notice. In the event of
termination, you are no longer authorized to access the part of the Service
affected by such cancellation or termination. The restrictions imposed
on you with respect to material downloaded from the Service, and the disclaimers
and limitations of liabilities set forth in these Terms of Service, shall
survive.
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Other
This agreement constitutes the entire agreement between Brainspire.com
and you with respect to the subject matter contained in this agreement
and supersedes all previous and contemporaneous agreements, proposals
and communications, written or oral. You also may be subject to additional
terms and conditions that may apply when you use the products or services
of a third party that are provided through the Service. In the event of
any conflict between any such third party terms and conditions and these
Terms of Service, these Terms of Service shall govern. This agreement
shall be governed by and construed in accordance with the laws of the
State of New York without giving effect to any principles or conflicts
of law. If any provision of this agreement shall be unlawful, void or
for any reason unenforceable, then that provision shall be deemed severable
from this agreement and shall not affect the validity and enforceability
of any remaining provisions.
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