A note from Murray:
Hey everyone. This policy talks about what we are promising each
other when you use Brainify. Essentially, it says you will not do anything
naughty to the site or other users, and that we provide the site as-is.
But there are lots of details, so please read below for the full story.
Take care – Murray.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Site and the Services.
By way of example, and not as a limitation of the generality of the above paragraph, you agree not to use the Services:
You are solely responsible for your interactions with other Users of the Site. Brainify reserves the right, but has no obligation, to monitor disputes between you and other Users.
By uploading, submitting or otherwise
disclosing or distributing Content for display or inclusion on the Site,
you represent and warrant that you own all rights in the Content and
you agree that the Content will be dedicated to the public domain under
the Creative Commons Public Domain Dedication, available at http://creativecommons.org/
Brainify respects the intellectual property of others. It is Brainify's policy to respond expeditiously to claims of copyright and other intellectual property infringement. Brainify will promptly process and investigate notices of alleged infringement using its sole and reasonable discretion. Upon receipt of notices complying or substantially complying with applicable laws and regulations, Brainify in its sole discretion may act expeditiously to (a) remove or disable access to any Content claimed to be infringing or claimed to be the subject of infringing activity; and/or (b) remove or disable access to any reference or link to Content or activity that is claimed to be infringing. Brainify reserves the right in its sole discretion to terminate access for Users who are willful and/or repeat infringers.
To provide Brainify notice of an infringement, you must provide a written communication to the attention of ["Intellectual Property Infringement Notification Dept."] care of [abuse@Brainify.com] that sets forth all relevant information regarding the alleged infringement. Please note that Brainify may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your or another person’s copyright.
If Brainify removes or disables access to Content in response to an infringement notice, Brainify will make reasonable attempts to contact the owner or administrator of the affected website or Content. If you feel that your Content does not constitute infringement, you may provide Brainify with a counter notification by written communication to the attention of ["Intellectual Property Counter Notification Dept." at abuse@Brainify.com] that sets forth all relevant information regarding your position. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity or Content is not infringing the copyrights of others. If you are uncertain whether an activity or Content constitutes infringement, Brainify recommends seeking advice of an attorney.
You acknowledge that Brainify has no control over, and no duty to take any action regarding: which Users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Brainify from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Brainify makes no representations concerning any Content contained in or accessed through the Site or the Services, and Brainify will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material or Content contained in or accessed through the Site or the Services. THE SERVICES, THE CONTENT AND THE SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Services may provide, or third parties may provide, links to Content found on other websites or resources. Because Brainify has no control over such sites, resources and Content, you acknowledge and agree that Brainify is not responsible for the availability of such external sites, resources or Content and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Brainify shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
IN NO EVENT SHALL BRAINIFY OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (A) WITH RESPECT TO THE SITE, THE SERVICES OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (B) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
“Brainify” and other Brainify graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Brainify in Canada, the United States and/or other countries. Brainify's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available in the Brainify icon pack for the express purpose of adding a “Submit to Brainify” link may be used on partner and third party sites in connection with such express purpose.