Last updated August 27, 2013
BrainScale.net (or "we") provides services through oursoftware applications for various devices and platforms and the BrainScale.net domain, and any sub domains thereto(the "Sites"). Individually or collectively, BrainScale.net Applications and Sites may be referred to as the "Services".
Please read the following terms and conditions ("Terms of Service") carefully. These Terms of Service govern your access to and use of the Services and BrainScale.net Content (defined below) and set forth the legally binding terms for your use of the Services and BrainScale.net, whether or not you have registered as a Member.
Certain areas of the Services (and your access to or use of BrainScale.net Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Service and terms and conditions posted for a specific area of the Services or BrainScale.net, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services or BrainScale.net.
BrainScale.net reserves the right, at its sole discretion, to modify, discontinue or terminate the Services, including any portion thereof on a global or individual basis, or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will update the "Last Updated Date" above and post the modification on the Sites and perhaps elsewhere within the Services. By continuing to access or use the Services after we have posted a modification to these Terms of Service or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Services.
Eligibility and BrainScale.net Account Registration
Certain types of content are made available through the Services. "BrainScale.net Content" means, collectively, the text, data, graphics, images, illustrations, forms and look and feel attributes, BrainScale.net trademarks and logos and other content made available through the Services, including any technology or code making up the Services, excluding UserContent. "Public User Content" means the text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by a Member via the Services with the intent to share with other users. "Private User Content" means data created through the services exclusively for personal use or private sharing. This includes tasks and related data created during BrainScale.net exercises that have not been explicitly shared publicly. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
The Services and BrainScale.net Content are protected by copyright, trademark, and other laws. Except as expressly provided in these Terms of Service, BrainScale.net and its licensors exclusively own all right, title and interest in and to the Services and BrainScale.net Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, servicemark or other proprietary rights notices incorporated in or accompanying the Services or BrainScale.net Content.
Subject to your compliance with the terms and conditions of these Terms of Service, BrainScale.net grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, use, view, download and print, where applicable, the Services and any BrainScale.net Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or BrainScale.net Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by BrainScale.net or its licensors, except for the licenses and rights expressly granted in these Terms of Service. With respect to BrainScale.net Applications, your license is limited to use of such applications on platforms and devices that you own or control, and you may not distribute or make the BrainScale.net Applications available over a network where it could be used by multiple devices at the same time.
Public User Content
By making available any Public User Content through the Services, you hereby grant to BrainScale.net a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Public User Content only on, through or by means of the Services. BrainScale.net does not claim any ownership rights in any such Public User Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such Public User Content.
You acknowledge and agree that you are solely responsible for all Public User Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Public User Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to BrainScale.net the rights in such Public User Content, as contemplated under these Terms of Service; and (ii) neither the UserContent nor your posting, uploading, publication, submission or transmittal of the Public User Content or BrainScale.net's use of the Public User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Copyrighted Materials: No Infringing Use. You will not use the Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. BrainScale.net has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.
Notify Us of Infringers
If you believe that something on the Services violates your copyright, notify our copyright agent by email. The contact information for our copyright agent is at the bottom of this section.
In order for us to take action, you must do the following in your notice:
(1) provide your physical or electronic signature; (2) identify the copyrighted work that you believe is being infringed; (3) identify the item on the Services that you think is infringing your work and include sufficient information about where the material is located on the Services (including which website and URL) so that we can find it;(4) provide us with a way to contact you, such as your address, telephone number, or e-mail; (5) provide a statement that you believe in good faith that the item you have identified as infringing is no tauthorized by the copyright owner, its agent, or the law to be used on the Services; and (6) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
Here is the contact information for our copyright agent:
E-Mail: brainscale.net at gmail dot com
Again, we cannot take action unless you give us all the required information.
Ratings and Comments & Feedback.
You can rate and make comments about content made available through the Services ("Comments"). BrainScale.net advises you to exercise caution and good judgment when leaving such Comments. Once you complete and submit your Comments to the Services you will not be able to go back and edit your Comments. You should also be aware that you could be held legally responsible for damages to someone's reputation if your Comments are deemed to be defamatory. Without limiting any other terms of this Terms of Service, BrainScale.net may, but is under no obligation to, monitor or censor Comments and disclaims any and all liability relating thereto. Notwithstanding the foregoing, BrainScale.net does reserve the right, in its sole discretion, to remove any Comments that it deems to be improper, inappropriate or inconsistent with the online activities that are permitted under these Terms of Service. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services ("Feedback"). You may submit Feedback by emailing us at brainscale.net AT gmail.com. You acknowledge and agree that all Comments and Feedbackwill be the sole and exclusive property of BrainScale.net and you hereby irrevocably assign to BrainScale.net and agree to irrevocably assign to BrainScale.net all of your right, title, and interest in and to all Comments and Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At BrainScale.net's request and expense, you will execute documents and take such further acts as BrainScale.net may reasonably request to assist BrainScale.net to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Comments and Feedback.
Interactions between Users
You are solely responsible for your interactions (including any disputes) with other users. You understand that BrainScale.net does not in anyway screen BrainScale.net users, except to only allow people aged 14 and over to create accounts. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Services and disclosing personal information to other BrainScale.net users. You agree to take reasonable precautions in all interactions with other BrainScale.net users, particularly if you decide to meet a BrainScale.net user offline, or in person. Your use of the Services, BrainScale.net Content and any other content made available through the Services is at your sole risk and discretion and BrainScale.net hereby disclaims any and all liability to you or any third party relating thereto. BrainScale.net reserves the right to contact Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Service. You will cooperate fully with BrainScale.net to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized BrainScale.net representatives access to any password-protected portions of your BrainScale.net Account.
You agree not to do any of the following while using the Services orBrainScale.net Content:
BrainScale.net will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Services security issues, to the fullest extent of the law. BrainScale.net may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that BrainScale.net has no obligation to monitor your access to or use of the Services or BrainScale.net Content or to review or edit any Public User Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. BrainScale.net reserves the right, at anytime and without prior notice, to remove or disable access to anyBrainScale.net Content, including, any Public User Content, that BrainScale.net, in its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Services.
The Services may contain links to third-party websites or resources. You acknowledge and agree that BrainScale.net is not responsible or liable for: (i)the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BrainScale.net of such websites or resources or the content,products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Termination and BrainScale.net Account; Cancellation
Without limiting other remedies, BrainScale.net may at any time suspend or terminate your BrainScale.net Account and refuse to provide access to the Services. In addition, BrainScale.net may notify authorities or take any actions it deems appropriate, without notice to you, if BrainScale.net suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Service or any policies or rules established by BrainScale.net; or (ii) engaged in actions relating to or in the course of using the Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, BrainScale.net Users, BrainScale.net or any other third parties or the Services.
You may terminate your BrainScale.net Account at any time and for any reason by sending email to BrainScale.net AT gmail.com. Upon any termination by a Member, the related account will no longer be accessible.
After any termination, you understand and acknowledge that we will have no further obligation to provide the Services and all licenses and other rights granted to you by these Terms of Service will immediately cease. BrainScale.net will not be liable to you or any third party for termination of the Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING PUBLIC USER CONTENT) THAT YOU HAVE SUBMITTED ON THE SERVICES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, BrainScale.net will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
Any suspension, termination or cancellation will not affect your obligations to BrainScale.net under these Terms of Service (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
THE SERVICES, BrainScale.net CONTENT AND PUBLIC USER CONTENT ARE PROVIDED "AS IS",WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BrainScale.net EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT ORNON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
BRAINSCALE.NET MAKES NO WARRANTY THAT THE SERVICES, BRAINSCALE.NET CONTENT OR PUBLIC USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BRAINSCALE.NET MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BRAINSCALE.NET OR THROUGH THE SERVICES, BRAINSCALE.NET CONTENT OR PUBLIC USER CONTENT, WILLCREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold BrainScale.net, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with Public User Content you submit to BrainScale.net, your access to or use of the Services or BrainScale.net Content, or your violation of these Terms of Service.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT THEREIN REMAINS WITH YOU. NEITHER BRAINSCALE.NET NOR ANY OTHERPARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES ORBRAINSCALE.NET CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BRAINSCALE.NET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IFA LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT BRAINSCALE.NET IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTSENTI RELY WITH YOU. FURTHER, BRAINSCALE.NET WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY PUBLIC USER CONTENT OR THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITES OR THROUGH THE SERVICES.
IN NO EVENT WILL BRAINSCALE.NET'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVEARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BRAINSCALE.NET AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of BrainScale.net used herein are trademarks or registered trademarks of BrainScale.net. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
These Terms of Service constitute the entire and exclusive understanding and agreement between BrainScale.net and you regarding the Services and BrainScale.net Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between BrainScale.net and you regarding the Services and BrainScale.net Content.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without BrainScale.net's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. BrainScale.net may freely assign these Terms of Service. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
You consent to the use of: (i) electronic means to complete these Terms of Service and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms of Service or your use of the Services. Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: (x) by BrainScale.net via email (in each case to the address that you provide) or (y) by posting to the Sites or Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of BrainScale.net to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of BrainScale.net. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
If you have any questions about these Terms of Service, please contact us at email@example.com.