Last Updated: August 28, 2023
Thank you for using BrainASAP.com (“Brain ASAP”, “we”, “us”, or “our”). These Terms of Service (“Terms”) are a legal agreement between you and Brain ASAP governing your access to and use of the Brain ASAP website, including any content, functionality, products, and services offered on or through the website (collectively, the “Website”).
Please read these Terms carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Website. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features, tools, or resources added to the Website will also be subject to these Terms. You can review the most current version of these Terms at any time at this page. We reserve the right to update or modify these Terms at any time, at our sole discretion, by posting the updated Terms on the Website. Your continued use of the Website following the posting of revised Terms means that you accept and agree to any such changes.
1. Website Access
A. Eligibility. You must be at least 13 years of age to access or use the Website in any manner. By accessing or using the Website, you represent and warrant that (a) you are at least 13 years old, (b) you have not previously been suspended or removed from the Website, and (c) your registration and your use of the Website is in compliance with all applicable laws and regulations. If you access or use the Website when you are under 13 years old, you must immediately stop accessing the Website.
B. Authority. If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent and warrant that you have full legal authority to bind such entity to these Terms.
2. Use of the Website
A. Website License. Subject to your complete and ongoing compliance with these Terms, Brain ASAP grants you, solely for your personal use, a limited, non-exclusive, non-assignable, non-transferable, and revocable license to access and use the Website.
B. Restrictions. You agree that you will not misuse the Website or violate applicable law, contract, intellectual property rights, or other third party rights when accessing or using the Website. For example, you will not:
- Copy, modify, adapt, translate, or reverse engineer any part of the Website;
- Interfere with or attempt to interfere with the proper functioning of the Website;
- Make any automated use of the Website, or take any action that imposes or may impose an unreasonable or disproportionately large load on the Website infrastructure;
- Override any security feature or bypass or circumvent any access controls or use limits;
- Attempt to probe, scan, or test the vulnerability of any system or network;
- Breach or otherwise circumvent any security or authentication measures;
- Access, tamper with, or use non-public areas or parts of the Website;
- Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
- Plant malware or otherwise use the Website to distribute malware;
- Access, search, or create accounts for the Website by any means other than our publicly supported interfaces;
- Scrape, copy, aggregate, or make unauthorized use of any data or content from the Website;
- Impersonate any person or entity, or falsely claim an affiliation with any person or entity;
- Violate the privacy of any third party;
- Violate any applicable law; or
- Encourage or enable others to do any of the above.
Although we have no obligation to screen, edit, or monitor user content, we reserve the right, and have complete discretion, to remove, screen, or edit user content at any time and for any reason without notice.
C. User Content. The Website may allow you and other users to create, upload, post, send, receive, and store content, such as text, images, audio, video, or other materials (“User Content”). You retain ownership of any intellectual property rights that you hold in your User Content.
In connection with User Content, you affirm, represent, and warrant that: (a) you own or have the necessary rights and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content; and (b) you have the written consent, release, and/or permission of each identifiable individual person in any User Content to use the name or likeness or each such identifiable individual person.
You grant us a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Website is available), and create derivative works of User Content, for the purpose of operating, providing, promoting, and improving the Website and related services.
Please do not submit or post any User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Brain ASAP in its sole discretion. Brain ASAP may remove any User Content at any time and for any reason.
D. Accounts. You must create an account and provide certain information about yourself to use some features of the Website. You are solely responsible for the activity that occurs in your user account. You must keep your account password secure and must not share your account password with anyone or allow anyone else to access or use your account. You must notify Brain ASAP immediately of any unauthorized use of your password or account. You will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions.
3. Intellectual Property
A. Website Content. The Website and all intellectual property therein (including, without limitation, text, creative, images, graphics, logos, audio, video, pages, interfaces, code, and software) are owned by Brain ASAP or its licensors. Brain ASAP and its licensors reserve all rights in connection with the Website. The Brain ASAP name, logo, and any other trademarks, service marks, graphics, and logos are trademarks or registered trademarks of Brain ASAP. You may not access or use the Website or Brain ASAP trademarks or logos for any purpose without our express written permission.
B. Licence to User Content. By posting or publishing User Content, you grant us an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, and fully sublicensable license to use, copy, publicly perform, publicly display, reproduce, and distribute such User Content on or through the Website. You grant us the right to use the name that you submit in connection with any such content. You irrevocably waive any claims based on moral rights or unfair competition.
C. Prohibited Use. You may not copy, reproduce, distribute, modify, display, publish, license, create derivative works from, participate in the transfer or sale of, post, upload, or incorporate into any online service any content from the Website without our prior written permission. You may not use any Brain ASAP trademark or logo without our express written consent.
4. User Conduct
You agree not to access or use the Website to:
- Violate any applicable federal, state, or local law;
- Infringe on the intellectual property, privacy, or other rights of third parties;
- Distribute spam, chain letters, viruses, or malware;
- Distribute adult content or pornography;
- Defame, harass, abuse, threaten, or defraud others;
- Collect or store any personal data about other users;
- Impersonate another person or misrepresent your affiliation with another person;
- Violate the privacy of any third party;
- Interfere with or disrupt the Website;
- Harvest or collect email addresses or other contact information;
- Improperly use support channels or make false reports;
- Post, upload, or distribute marketing or advertising content;
- Post, upload, or distribute content that is illegal, offensive, obscene, or otherwise objectionable to Brain ASAP;
- Post or submit content containing falsehoods or misrepresentations;
- Encourage conduct that would constitute a criminal offense or provide assistance or instructional information about illegal activities; or
- Follow or “stalk” others through the Website.
5. Accounts and Security
You are responsible for safeguarding any login credentials associated with your use of the Website. You must not share your credentials with anyone or allow anyone else to access the Website through your account.
We have the right to disable any login credential, public key, or other token associated with your account, whether chosen by you or provided by us, at any time and for any reason.
Any activity occurring through your account will be deemed to have been authorized and directed by you unless you have notified us that your credentials have been lost, stolen, or improperly taken or used by an unauthorized third party. You are solely responsible for any use or misuse of the Website under credentials associated with your account.
6. Disclaimer of Warranties
Your access to and use of the Website is at your own risk. The Website and all content and functionality available on or through the Website are provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including, but not limited to, warranties of title, non-infringement, merchantability, or fitness for a particular purpose.
Brain ASAP makes no warranties that: (a) the Website will meet your requirements or expectations; (b) the Website will be available on an uninterrupted, timely, secure, error-free basis; (c) any defects in the Website will be corrected; or (d) the Website will be free of viruses or harmful components. Any content downloaded from or accessed through the Website is downloaded or accessed at your own risk.
7. Limitation of Liability
Brain ASAP and its officers, directors, shareholders, employees, agents, independent contractors, telecommunication providers, and suppliers will not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from:
- Your access to or use of (or inability to access or use) of the Website;
- Interruptions in the Website or content available through the Website;
- Errors, omissions, inaccuracies, or any other flaws in the Website or content available through the Website;
- Damage to any equipment, software, information, or data from viruses, malware, data corruption, failed messages, failed transactions, or any other cause; or
- Personal injury or property damage related to your access or use of the Website.
This limitation applies regardless of the legal or equitable theory under which such losses or damages are sought, and even if advised beforehand of the possibility of such damages.
Under no circumstances will Brain ASAP be liable for damages of any kind greater than $1000 or any indirect, consequential, exemplary, incidental, special or punitive damages arising out of or in connection with your access or use of, or inability to access or use, the Website.
Certain jurisdictions prohibit or limit liability for certain types of damages. In such jurisdictions, some or all of the above limitations and exclusions may not apply to you.
8. Indemnification
You will defend, indemnify, and hold harmless Brain ASAP and its officers, directors, shareholders, employees, agents, contractors, partners, vendors, service providers, and suppliers from any costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to third party claims, actions, suits, or proceedings arising out of or related to: (a) your breach of these Terms; (b) your use of the Website in violation of applicable law, intellectual property rights, or privacy rights; or (c) User Content uploaded, posted, or submitted through your account. Brain ASAP will provide notice to you of any such claim, suit or proceeding and will reasonably assist you, at your expense, in defending such claims.
9. Termination of Access
Brain ASAP may terminate your access to and use of the Website at any time for any reason, including your violation of these Terms. Upon termination, you must destroy any downloaded or printed materials from the Website and stop using the Website immediately. The following provisions will survive termination: Sections 3, 6, 7, 8, 10, and 11.
10. Governing Law and Disputes
These Terms are governed by the laws of the State of Wisconsin, without regard to conflict of laws principles. Any dispute related to these Terms or the Website will be resolved in the state or federal courts located in Dane County, Wisconsin, and you expressly consent to exclusive jurisdiction and venue in such courts.
Notwithstanding the foregoing, you agree that Brain ASAP may seek injunctive relief against you in any court of competent jurisdiction to stop unauthorized use of the Website or infringement of intellectual property rights.
11. General Terms
A. Entire Agreement. These Terms constitute the entire agreement between you and Brain ASAP with respect to your access to and use of the Website. These Terms supersede all prior or contemporaneous agreements, representations, and understandings with respect to your access to and use of the Website.
B. Waiver. The failure or delay to exercise or enforce any right or provision in these Terms will not operate as a waiver of such right or provision. Any waiver by Brain ASAP must be in writing and signed by an authorized representative of Brain ASAP.
C. Assignment. You may not assign or transfer these Terms or your rights and obligations under these Terms without our express written consent. Brain ASAP may assign these Terms at any time without notice or consent.
D. Severability. If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, that provision will be deleted or limited as narrowly as possible so as to make the remaining provisions valid and enforceable.
E. Contact Us. If you have any questions or concerns regarding these Terms, please email us at BrainASAPofficial@gmail.com.
By accessing or using the Website, you confirm that you have read, understood, and agree to be bound by these Terms.
