Latest Revisions: July 30, 2014
1. DESCRIPTION OF SITES, SERVICES, AND SOFTWARE
Brainboost.com is a popular article website site. It is supported and grown by a community of users. (Brainboost.com's and all components of Brainboost are collectively referred to as the "Service".) Please note that the Service includes information and software provided from our third party licensors. Unless explicitly stated otherwise, any modifications, updates, new features, or enhancements to the Service are also subject to the TOU.
2. ACCEPTANCE OF TERMS; CHANGES TO TOU
Brainboost provides the Service to you subject to the following TOU, which may be updated by us from time to time in our sole discretion. Each time changes are made to the TOU, a revised TOU will be posted on the Site. Your continued use of the Service, or any part thereof, following the posting of changes constitutes your acceptance of such changes. If you do not wish to be bound by the TOU, you should discontinue your use of the Service.
3. YOUR LICENSE TO USE THE SERVICES
Brainboost grants you a personal, non-exclusive, non-transferable, revocable license to use the Service, including the Site and Software. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content included in the Service, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Brainboost and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Except as otherwise expressly permitted in this Agreement, you may not: (i) decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code, except as otherwise permitted by applicable law; or (ii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Service. You may not access the Service by any means other than through the interface that is provided by Brainboost. Furthermore, you may not use the Service in any manner that could damage, disable, overburden, or impair the Services (e.g., you may not access the Service in an automated manner by use of "spiders", "robots" or otherwise), nor may you use the Service in any manner that could interfere with any other party's use and enjoyment of the Service. You are not permitted to retrieve and store in electronic or any other form any material part of the databases underlying the Service. All commercial and/or unauthorized use of the Service is strictly prohibited. You agree not to use or resell the Service for any commercial purpose, including, but not limited to, sending unsolicited commercial messages.
5. POSTINGS TO THE SERVICES
The Service may permit you to post, submit, transmit, email, or otherwise make available questions, Brainboost, comments, images, videos or other information (collectively, "Postings".) You may only submit Postings that you created or that you have permission to submit and that do not violate copyright, trademark, or any other rights of third parties. We do not claim ownership of any Postings that you may submit. However, by submitting Postings, you grant us, our subsidiaries, affiliates, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully-paid, non-exclusive, and sub-licensable license to use, copy, display, distribute, modify, adapt, publish, translate, publicly perform and publicly display the Postings (in whole or in part) and to incorporate the Postings into other works in any format or medium now or later known.
You may not upload, post, submit, email, transmit, or otherwise make available any Postings that (i) contain falsehoods or misrepresentations that could damage Brainboost or any third party; (ii) are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate; (iii) contain advertisements, solicitations of business or spam; (iv) disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; (v) collect or store personal information about others or otherwise invade their privacy; or (vi) impersonate another person or forge headers or use any other method to disguise the true origin of the Posting. Additionally, you may not submit any Postings that violate the TOU.
You acknowledge that Brainboost is not obligated to pre-screen content submitted by members, but that Brainboost shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is made available via Brainboost by any user that violates the TOU or is otherwise objectionable.
Brainboost respects the intellectual property of others and asks you to do the same. Brainboost may, in appropriate circumstances and at its sole discretion, terminate your right to use the Service for any reason, including, but not limited to, if you are a repeat infringer. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please contact us.
6. MODIFICATIONS TO THE SERVICE
Brainboost reserves the right at any time, and from time to time, to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Brainboost shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
7. DEALINGS WITH ADVERTISERS OR THIRD PARTY VENDORS
Brainboost may include advertisements on the Service, which are necessary for Brainboost to provide the Service to its users free of charge. Your correspondence or business dealings with, or participation in promotions of, advertisers or third party vendors found on or through the Service, including payment and delivery of related goods or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party vendor. Any question, complaints, or claims should be directed to the appropriate advertiser or third party vendor. Additionally, all product reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a third party vendor in any transaction. You agree that Brainboost shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party vendors or product reviews or ratings on the Service.
8. LINKS; CO-BRANDING
Anyone linking to the Service must comply with the following guidelines and all applicable laws: A site that links to any Service (i) may link to but not replicate the Service's content; (ii) should not create a browser or border environment around any Service's content; (iii) should not imply that Brainboost is endorsing it or its products; (iv) should not misrepresent its relationship with Brainboost or the Service; (v) should not present false information about Brainboost or the Service; (iv) should not use any Brainboost's trademarks, trade names, or logos without permission from Brainboost; and (vi) should not contain content that is reasonably considered profanity, defamatory, vulgar, or otherwise unlawful.
WE DO NOT INDEPENDENTLY VERIFY THE ACCURACY OR RELIABILITY OF THE SERVICE. ADDITIONALLY, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. Brainboost, AND ITS THIRD-PARTY LICENSORS, SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGMENT.
Brainboost, ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE PROVISION OF THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SOFTWARE, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. NEITHER WE, NOR OUR LICENSORS OR SUPPLIERS, GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE SERVICE. THE SERVICE MAY BE HARMFUL, UNTIMELY, INCOMPLETE, OR INACCURATE AND, ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SERVICE.
YOU SHOULD NOT USE THE SERVICE FOR EMERGENCY PURPOSES OR TO SEEK OR PROVIDE DIAGNOSIS OR TREATMENT OF MEDICAL, PSYCHOLOGICAL OR OTHER PROBLEMS OR DIFFICULTIES, OR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL, PSYCHOLOGICAL, TAX, LEGAL, INVESTMENT, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. THE ENTIRE RISK FOR USE OF THE SERVICE IS BORNE BY YOU.
10. LIMITATION OF LIABILITY
NONE OF THE LICENSORS, CONTRIBUTORS, SPONSORS, ADMINISTRATORS, OR ANYONE ELSE CONNECTED WITH THE SERVICE IN ANY WAY WHATSOEVER CAN BE RESPONSIBLE FOR THE APPEARANCE OF ANY INACCURATE INFORMATION OR FOR YOUR USE OF THE INFORMATION CONTAINED IN OR LINKED FROM THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR LICENSORS AND SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. NEITHER WE NOR OUR LICENSORS OR SUPPLIERS ARE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE SERVICE AND/OR ANY MATERIAL LINKED THROUGH THE SERVICE. UNDER NO CIRCUMSTANCES WILL Brainboost', OR Brainboost's LICENSORS', DIRECT LIABILITY ARISING OUT OF USE OF THE SERVICE EXCEED THE GREATER OF (I) THE AMOUNT YOU HAVE PAID Brainboost FOR SUCH USE OR (II) $10.00. SOME JURISDICTIONS DO NOT PERMIT SOME OF THE ABOVE LIMITATIONS OF LIABILITY, AND THEREFORE THIS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Brainboost, its subsidiaries and affiliates, and their respective officers, directors, employees, and agents harmless from and against any and all liability, losses, claims, demands or costs of any kind, including reasonable attorneys' fees and costs of litigation, arising from (i) your Postings or other content you submit, post, transmit, email, or otherwise make available through the Service, (ii) your use of or reliance on the Service, (iii) your connection to the Service, (iv) your violation of the TOU, or (v) your violation of any rights of another party.
12. TRADEMARK INFORMATION
The Brainboost.com and other Service names, trademarks and logos are trademarks of Brainboost or its third-party licensors. Without our written prior permission, or that of applicable third parties, you agree not to display, or use in any manner, the marks of Brainboost. The trademarks, logos, and service marks not owned on behalf of Brainboost and that are displayed on the Service are the registered or unregistered marks of their respective owners. No rights are granted by Brainboost to use such marks, whether by implication, estoppel, or otherwise.
13. CHOICE OF LAW AND FORUM
The TOU and the relationship between you and Brainboost shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Brainboost agree to submit to the personal and exclusive jurisdiction and forum convenience of the federal and state courts located in New York, New York.
14. SEVERABILITY; ENGLISH LANGUAGE
If any provision in the TOU should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from the TOU if no such modification is possible, and the other provisions of the TOU shall remain in full force and effect. The controlling language of the TOU is English. If you have received a translation into another language, it has been provided for your convenience only.
The headings to the sections of the TOU are used for convenience only and shall have no substantive meaning or impact on the interpretation of the TOU.
16. LOCATION OUTSIDE THE U.S.
If you are located outside the U.S., then you are responsible for complying with any local laws in your jurisdiction that might impact your right to use the Service, and you represent that you have complied with any regulations or registration procedures required by applicable law to make the TOU enforceable.
17. ENTIRE AGREEMENT
The TOU constitute the entire agreement between you and Brainboost and govern your use of the Service, superseding any prior agreements between you and Brainboost. Please note, however, that Service may have additional or different terms related specifically to such Service only ("Service Terms"). The Service Terms are in addition to the general terms and conditions in the TOU. If there is any conflict between the TOU and the Service Terms, the Service Terms will govern with respect to that particular Service. Some terms contained in the TOU may not be applicable to a particular Service, in which case, such inapplicable terms will not apply to you with respect to that particular Service.