BRAINIFY
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.
TERMS OF USE
These Terms of Use outline your obligations when using Brainify’s website at www.brainify.com , as well as Brainify’s browser plug-in and Brainify’s link which can be placed on your external content pages (collectively, the website, the plug-in and the link are the “Site”). You can and should also review: (a) Brainify’s Privacy Policy, which outlines Brainify’s obligations and practices towards handling any personal information that you may provide to Brainify; (b) Brainify’s Reputation and Proceeds Distribution Policy, which describes the terms and conditions respecting Brainify’s intention of sharing a portion of the proceeds of a sale of Brainify with the Brainify community; and (c) Brainify’s Content Disclaimer, which describes the terms and conditions respecting Content (defined below) made available on or through the Site.
The Site is owned and operated by Brainify Educational Technologies Corp. ("Brainify"), a Canadian federal corporation, and is accessed by you under these Terms of Use.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON OR THROUGH THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES ON OR THROUGH THE SITE. BRAINIFY'S ACCEPTANCE OF YOUR USE OF THE SITE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY BRAINIFY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Brainify reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Brainify will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined in Brainify's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Site and the Services following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.
Subject to full compliance with the Terms of Use, Brainify may offer to provide certain services and content, as described more fully on the Site ("Services"). Services shall include, but not be limited to, any service and content Brainify performs for you, as well as the offering, either directly or through links, of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, comments, categorizations, taggings, rankings, messages, information, data, graphics, news or academic articles, papers, theses or other works, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). Brainify may change, suspend or discontinue the Services including any Content at any time and for any reason. Brainify may also impose limits on certain features and Services or restrict your access to parts or all of the Services without notice or liability.
Persons who access the Site and the Services (“Users”, which definition includes without limitation “Members” (defined below)) for the limited purpose of browsing available Content are not required to register with Brainify. Users who wish to contribute to the Site by commenting on, categorizing, ranking, or linking to Content or by messaging other Users through the Site are required to become members of the Brainify community (“Members”) by creating an account with Brainify (a “Member Account”), which will include selecting a password and screen name (a “Member Name”) for use on the Site. In creating a Member Account you shall provide Brainify with accurate, complete and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Member Account. You may not select or use as a Member Name (a) a name of another person with the intent to impersonate that person; (b) a name subject to any rights of a person other than you without appropriate authorization; or (c) a name that is otherwise offensive, vulgar or obscene. Brainify reserves the right to refuse registration with Brainify and the creation of a Member Account or to cancel a Member Account in its sole discretion. You shall be responsible for maintaining the confidentiality of your Brainify password.
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.
As a condition of use of the Site and the Services, you promise not to use the Site or the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Brainify.
By way of example, and not as a limitation of the generality of the above paragraph, you agree not to use the Services:
Brainify may in its sole discretion remove any Content or Member Account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content). To report Terms of Use abuse, please email: [abuse@Brainify.com]
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.
Brainify's current Privacy Policy is available at www.brainify.com/privacy , and is incorporated into these Terms of Use by this reference.
Brainify's current Reputation and Proceeds Distribution Policy is available at [www.brainify.com/proceeds], and is incorporated into these Terms of Use by this reference.
Brainify's current Content Disclaimer is available at www.brainify.com/content , and is incorporated into these Terms of Use by this reference.
You indemnify and hold harmless Brainify, its parents, subsidiaries, affiliates, customers, vendors, officers, directors, employees and consultants from any liability, damage or cost (including reasonable attorneys fees and costs) from any claim or demand made by any third party due to or arising out of your access to the Site, your use of the Services, your violation of the Terms of Use or the infringement by you or any third party using your Member Account or Member Name of any intellectual property or other right of any person or entity.
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 may terminate or suspend any and all Services, your Member Account and your Member Name immediately, without prior notice or liability, for any reason, including if you breach or are suspected of breaching any of the terms or conditions of the Terms of Use. Upon termination of your Member Account and Member Name your right to use the Services will immediately cease. You may request termination of your Brainify account by e-mailing Brainify at support@Brainify.com. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Brainify in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Brainify shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Brainify's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use are not assignable, transferable or sublicensable by you except with Brainify's prior written consent. Brainify may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, as if made within British Columbia between two residents thereof, and the parties submit to the exclusive jurisdiction of the Courts of the Province of British Columbia. Both parties agree that the Terms of Use are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
“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.
These Terms of Use are effective as of October 1, 2008.