By using this site (“Site”), you agree to the following terms and conditions (this “Agreement”):Brainfuse will monitor the behavior of any person who uses this site (“User”) and reserves the right to suspend privileges to any User not adhering to policies of the Site.
Our services are available to minors only upon the consent of parents or guardians. User should always supervise User’s children’s use of the Internet.
User (which includes parents and/or guardians) agrees not to hold Brainfuse, Brainfuse’s agents and employees, officers, directors, Brainfuse’s clients and any of their officers, directors, employees, agents or representatives or participants in Brainfuse’s affiliate Service (“Affiliates”) liable for any advice or services delivered which originated through the Site. User releases Brainfuse, Brainfuse’s agents, officers, directors, and employees and Affiliates from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If the Site contains bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities, User agrees to use the community areas only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as limitation, User agrees not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
- Use the Site for any purpose which is in violation of local, state, national or international law.
- Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
- Upload files that contain viruses, corrupted files, or any other similar software or Services that may damage the operation of another’s computer.
- Advertise or offer to sell any goods or services for any commercial purpose on the Site which are not relevant to the services offered on the Site.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Impersonate another person or allow any other person or entity to use User’s identification to post or view comments.
- Post the same note repeatedly (referred to as ‘spamming’). Spamming is strictly prohibited.
- Download any file posted by another User that User knows, or reasonably should know, cannot be legally distributed through the Site.
- Restrict or inhibit any other User from using and enjoying the Community areas.
User agrees that all information supplied by User or any other person of User’s household is true and accurate.
MODIFICATIONS OF THE TERMS OF THIS AGREEMENT
Brainfuse reserves the right to make changes to this Agreement from time to time. Brainfuse shall provide notice to User of any substantive and/or material changes to this Agreement or any policies posted on the Site.
THIRD-PARTY WEB SITE LINKS
The Site may contain hypertext links to Web sites operated by parties other than Brainfuse. Such hypertext links are provided for reference only. Brainfuse does not control such Web sites and is not responsible for their contents. Brainfuse’s inclusion of hypertext links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
TERM OF AGREEMENT
This Agreement will become effective immediately upon any use by User of the Site and shall remain effective unless terminated by either party as provided hereunder. Either party may terminate this Agreement by providing the other with written or email notice of such termination which shall be effective immediately upon delivery of such notice to the other party. Furthermore, Brainfuse may terminate this Agreement immediately for any breach by User of this Agreement or any applicable policy of Brainfuse as posted on the Site from time to time. In the event of termination or expiration, the following sections shall survive: Term of Agreement; Ownership; Disclaimer; Limitation of Liability; Notice; and Miscellaneous.
Brainfuse shall retain all ownership in the Site and all content displayed on the Site.
Brainfuse grants User a nonexclusive, revocable right to use the Site provided that User does not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form.
MODIFICATIONS TO THE SITE
Brainfuse reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to User. User agrees that Brainfuse shall not be liable to User or any third party for any modification or discontinuance of the Site.
USER ACCOUNT, PASSWORD, AND SECURITY
User is responsible for maintaining the confidentiality of any password and account number provided by Brainfuse for accessing the Site, and is fully responsible for all activities that occur under User’s password or account. Each username and password not connected to an IP address is User-specific and may not be transferred or used by another person, unless such User has registered his or her child to use this site, in which case such User may allow one designated child to use User¹s username and password. If User registers on behalf of any other children or persons, another password must be obtained. User agrees to immediately notify Brainfuse of any unauthorized use of User’s password or account or any other breach of security.
THE SITE AND THE SERVICES PROVIDED BY BRAINFUSE, ITS AFFILIATES ARE PROVIDED “AS IS” WITH NO WARRANTY. BRAINFUSE, ITS AFFILIATES AND USERS EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE AND SUCH SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BRAINFUSE AND ITS AFFILIATES DO NOT WARRANT THAT THE SERVICES PROVIDED BY BRAINFUSE OR THE SITE WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION.
LIMITATION OF LIABILITY
Under no circumstances will Brainfuse or its affiliates be liable to User for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted in accordance with the laws of the State of New York (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur in New York, NY. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Brainfuse and User with respect to the subject matter hereof, and User has not relied upon any promises or representations by Brainfuse with respect to the subject matter except as set forth herein.