Terms Of Use

Please read these Terms of Use carefully and completely, as your continued use of the BrainReference.com Web site (the “Site”) confirms your unconditional acceptance of, and is subject to the following terms and conditions. If you do not accept these terms and conditions, do not use the site. BrainReference.com may, at its sole discretion, revise these Terms of Use at any time; therefore, you should visit this page periodically to review these Terms of Use.

You shall be responsible for reviewing and becoming familiar with any such revisions. Use of the Site by you following such any revision constitutes your acceptance of the terms and conditions of the Terms of Use as revised.

Index

* PASSWORDS
* PERSONAL INFORMATION
* TEN RULES FOR UNACCEPTABLE USER CONDUCT
* REPORTING VIOLATIONS OF TERMS OF USE
* USER SUBMISSIONS
* USER POSTINGS TO SITE
* COPYRIGHT INFORMATION
* LINKS TO OTHER WEBSITES
* LIMITATION OF LIABILITY
* TYPOGRAPHICAL ERRORS
* PRIVACY POLICY
* USE OF SOFTWARE
* MISCELLANEOUS
* COPYRIGHT

PASSWORDS

To become a Member of BrainReference.com’s online community, you recognize that you are required to provide your email address and to choose a screen name. You recognize that your chosen screen name will appear in connection with any communications you post on BrainReference.com.

You shall provide BrainReference.com 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 BrainReference.com account.

BrainReference.com offers several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your BrainReference.com passwords and/or accounts. 

It is your sole responsibility to:

  • Control the dissemination and use of activation codes and passwords; 
  • Authorize, monitor, and control access to and use of your BrainReference.com account and password; 
  • Promptly inform BrainReference.com of any need to deactivate a password. 

You grant BrainReference.com and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. BrainReference.com cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using BrainReference.com tools and services.

You may not:

  • Select or use as a BrainReference.com User ID a name of another person with the intent to impersonate that person;
  • Use as a BrainReference.com User ID a name subject to any rights of a person other than you without appropriate authorization; or
  • Use as a BrainReference.com User ID a name that is otherwise offensive, vulgar or obscene.

BrainReference.com reserves the right to refuse registration of, or cancel, a BrainReference.com User ID at its discretion. You shall be responsible for maintaining the confidentiality of your BrainReference.com password.

Unless you voluntarily and affirmatively choose to list your email address in your membership profile, biography, posting, or other location on BrainReference.com, you understand that your actual email address is not public, shared in any way, or displayed on BrainReference.com. 

You also understand and agree that BrainReference.com in no way encourages members to disclose private information, including their email addresses, on the publicly accessible portions of BrainReference.com.

PERSONAL INFORMATION

You understand that you are not required to post any personal information to become a member. However, if you voluntarily choose to include personal information in your member profile, biography, or other postings on BrainReference.com, you may do so according to our Privacy Policy.

You understand and agree that BrainReference.com and its directors, officers, affiliates, employees, and agents are not liable for the disclosure of any personal information which you voluntarily include in your profile, biography, and or posts. You recognize that you have no legitimate expectation of privacy in any information which you voluntarily disclose on BrainReference.com, and hereby waive any constitutional, statutory or common law right to privacy which you might otherwise claim in such information.

You understand and agree that BrainReference.com may collect and utilize any personal information which you voluntarily provide, and may combine the personal information collected from you with information from others to provide a better user experience. 

You are also responsible for the interpretation of the content that is posted on BrainReference.com. You must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Responsibility for Posting Content All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, “Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. 

This means that you, and not BrainReference.com, are entirely responsible for all content that you upload, posts, emails or otherwise transmits via BrainReference.com.

Your contributions to content on BrainReference.com should:

  1. Increase the knowledge of other readers
  2. Help create dialogue and discussion around topics
  3. Provoke re-thinking of many conventionally held beliefs

TEN RULES FOR UNACCEPTABLE USER CONDUCT

As a condition of use, you promise to use the Site only for lawful purposes and in compliance with these Terms of Use. 

You understand and agree that BrainReference.com is not under any obligation to control, monitor, or verify the statements made by members of BrainReference.com’s online community. If BrainReference.com discovers that you are violating these Terms of Use or otherwise making unacceptable use of BrainReference.com, however, BrainReference.com may terminate your account.

Some examples of such unacceptable uses are:

  1. Abuse, harass, humiliate, deceive, threaten, impersonate, intimidate or engage in any other abusive behaviors with those who comment on BrainReference.com.
  2. Contribute any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
  3. Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any BrainReference.com user;
  4. Create or submit unwanted email (“Spam”) to any other BrainReference.com users or any URL;
  5. Violate any laws in your jurisdiction (including but not limited to copyright laws);
  6. Submit stories or comments linking to affiliate programs, multi-level marketing schemes, or off-topic content or any other system that will result in your personal financial or commercial gain.
  7. Use for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content
  8. With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:
    1. take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
    2. interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
    3. bypass any measures we may use to prevent or restrict access to the Site;
  9. Create separate user accounts with the intention of artificially inflating your BrainReference.com count, comments, or any other BrainReference.com service.
  10. Post personal communications from anyone without their consent.

REPORTING VIOLATIONS OF TERMS OF USE

BrainReference.com may remove any Content and BrainReference.com accounts 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), or for no reason at all. To report Terms of Use abuse, please contact us.

You understand and agree that it is impossible for BrainReference.com to guarantee complete security. You understand and agree that BrainReference.com accepts no responsibility for any consequences of unauthorized entry, even if such entry could have been prevented by procedures known to BrainReference.com, but not adopted, and you hereby waive any claim against BrainReference.com and/or its directors, officers, employees or agents, based upon any unauthorized acts by third parties.

USER SUBMISSIONS

You acknowledge that BrainReference.com may or may not pre-screen Content posted by users to our Web Site (“User Postings”), but that BrainReference.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Postings. 

Without limiting the foregoing, BrainReference.com and its designees shall have the right to remove any User Postings that violate these Terms of Use or is, at BrainReference.com’s sole direction, otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Postings, including any reliance on the accuracy, completeness, or usefulness of such User Postings.

With respect to User Postings you yourself submit or make available for inclusion on BrainReference.com, you grant BrainReference.com a worldwide, perpetual, irrevocable, fully sub-licensable, royalty-free and non-exclusive license(s), to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Postings (in whole or in part), and on BrainReference.com, and to incorporate such User Postings into other works in any format or medium now known or later developed.

As a user of the Site, you are responsible for your own communications and are responsible for any consequences resulting from these communications. 

Therefore, do not do any of the following things: transmit to us or post to the Site material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to send it; send material that reveals trade secrets, unless you own them or have the permission of the owner; transmit to us or post to the Site material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; transmit to us or post to the Site material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; send sexually-explicit images; transmit to us or post to the Site advertisements or solicitations of business; transmit to us or post to the Site chain letters or pyramid schemes, or impersonate another person. 

BrainReference.com reserves the right to expel users and prevent their further access to this Web Site for violating these terms or the law.

USER POSTINGS TO SITE

You understand and agree that BrainReference.com may collect and utilize any personal information which you voluntarily provide, and may combine the personal information collected from you with information from others to provide a better user experience. 

You further understand and agree that BrainReference.com may summarize and/or reprint any information or comments which you voluntarily post on the website as a part of newsletters and other publications.

Use of Site Material

This website and its contents, such as text, graphics, images and other content (the “Site Material”) are protected by copyright under both local and international laws. Copyright by BrainReference.com. Any use of the Site Material violates copyright, trademark, and other laws, absent the express written permission of BR Publishing and BrainReference.com.

You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for the commercial purpose. Termination of your user account for any reason, including but not limited to your violation of any of these Terms of Use, shall result in the immediate revocation of your license to use the Site Material and obligates you to immediately destroy any copies of the Site Material in your possession.

BrainReference.com has no responsibility for the content on other websites that you may find or access when using BrainReference.com’s products or services. Material available on or through other websites may be protected by copyright and intellectual property laws.

The terms of use of those websites, and not the BrainReference.com Terms of Use, govern your use of that material. Amazon, Amazon Prime, the Amazon logo, and Amazon Prime logo are trademarks of Amazon.com, Inc. or its affiliates, and must be used expressly under the Amazon Trademark Guidelines.

Users may provide links to other websites or resources. Because BrainReference.com has no control over such sites and resources, you acknowledge and agree that BrainReference.com is not responsible for the availability of such external sites or resources 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 agree not to knowingly link to any website, web page or resource that contains defamatory, obscene, pornographic, abusive or offensive material, or otherwise violates any law or right of any third party.

You further acknowledge and agree that BrainReference.com shall not be responsible or liable, directly or indirectly, for any damage or caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site.

LIMITATION OF LIABILITY

Although BrainReference.com desires accuracy in all elements of the Site Material, there may be inaccuracies or typographical errors. BrainReference.com makes no express or implied representation about the accuracy, reliability, completeness, or timeliness of the Site Material or about the results that may be obtained from the use of the Site. You use the Site and the Site Material at your own risk.

THE WEBSITE AND THE MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, BrainReference.com DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH AMF DESIRES TO PROVIDE COMPLETE AND ACCURATE INFORMATION AND MATERIALS ON ITS WEB SITE, AMF MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS FOUND AT THE WEBSITE.

IN NO EVENT SHALL BrainReference.com OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY: (A) WITH RESPECT TO THE SITE, THE SERVICE 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 COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

TYPOGRAPHICAL ERRORS

In the event that a Brain Reference product is mistakenly listed at an incorrect price, Brain Reference holds no liability for third party vendor price changes and any orders placed for products listed at the incorrect price.

Brain Reference reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Brain Reference shall issue a credit to your credit card account in the amount of the incorrect price.

PRIVACY POLICY

Brain Reference respects your privacy and permits you to control the treatment of your personal information. A complete statement of the current privacy policy can be found on our Privacy Policy page.

USE OF SOFTWARE

Brain Reference may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Brain Reference, for your personal, noncommercial, home use only. 

Brain Reference does not transfer either the title or the intellectual property rights to the Software, and Brain Reference retains full and complete title to the Software as well as all intellectual property rights therein.

You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Brain Reference or its licensors and you may not copy or use them in any manner.

MISCELLANEOUS

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 BrainReference.com 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.

BrainReference.com shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond BrainReference.com’s reasonable control, including, without limitation,

– mechanical,
– electronic or
– communications failure or
– degradation (including “line-noise” interference).

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 is not assignable, transferable or sublicensable by you except with BrainReference.com’s prior written consent.

All contents of Site or Service are: Copyright © 2012-2023 BrainReference.com. All rights reserved.