PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to this Brainsy, Inc. ("Brainsy") powered website ("Site"). All access and use of this Site is subject to the following terms and conditions ("Terms" or "Terms and Conditions") as well as the Privacy Policy (https://brainsy.social/policy) (these Terms and Conditions and the Privacy Policy, collectively "Terms of Use"). By accessing and using this Site or any subdomain thereof, you agree to be bound by the Terms of Use.
Features Subject to Separate Terms
Some features offered by Brainsy (e.g. “Expert Calling Network” or “Expert Community Online”) on customized redirected domains are subject to additional agreements and policies. If you choose to use those features, you agree that your use will be governed by those additional terms.
User-Generated Content (UGC)
Brainsy is a platform that hosts user-generated content including text, images, video, audio, and third-party links. By default, Brainsy does not pre-screen all content before it is posted and is not the publisher of user-submitted materials. However, Brainsy reserves the right to review, monitor, moderate, or remove content at its sole discretion to enforce compliance with these Terms or respond to legal obligations.
Copyright and Trademarks
This Site and all content, including text, images, software, and other materials, are protected by U.S. and international copyright and intellectual property laws. All rights not expressly granted are reserved.
All Brainsy marks, logos, and design elements are the property of Brainsy. All other trademarks are the property of their respective owners.
Brainsy Intellectual Property
Brainsy grants you a limited, non-exclusive, non-transferable license to use its technology solely for accessing and using this Site. No rights are granted beyond those expressly provided.
Use of Site; Restrictions
You may use this Site for your own personal, non-commercial informational purposes, subject to the following:
User Content Responsibility
Users are solely responsible for the content they upload or share. By posting content, users warrant they have the necessary rights and that their content does not infringe third-party rights.
Automatic Link Previews
Brainsy may display dynamic previews of third-party links, including images and metadata (e.g., Open Graph). These previews are not hosted or stored by Brainsy and are generated based on data provided by the linked site. Brainsy makes no claim over such content and will remove previews if properly notified of infringement.
DMCA Compliance and Safe Harbor Protection
Brainsy qualifies as a "service provider" under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512. Brainsy does not knowingly host infringing content and will act expeditiously to remove or disable access upon receipt of a proper DMCA takedown notice.
Brainsy has implemented a repeat infringer policy and will, in appropriate circumstances, terminate access to users who repeatedly infringe intellectual property rights.
Procedure for Making Claims of Copyright Infringement
To file a notice of infringement, contact:
Designated Agent:
Kase Luzar
c/o Brainsy, Inc.
7315 Wisconsin Ave. Ste 400W
Bethesda, MD 20814 USA
Email: support@brainsy.com
Phone: 855.742.7246
Notifications must comply with 17 U.S.C. §512(c)(3)(A).
Indemnification
You agree to indemnify and hold harmless Brainsy and affiliates from any claims or liabilities arising from your use of the Site or violation of these Terms.
Disclaimer of Warranties and Limitation of Liability
This Site is provided "as is" and "as available." Use of this Site is at your sole risk. To the full extent permissible by applicable law, Brainsy and its affiliates and suppliers disclaim all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, system integration, title, and non-infringement.
Without limiting the foregoing, Brainsy and its affiliates and suppliers make no representations or warranties of any kind as to the operation or availability of this Site or the information, content, materials, products, or services included on or made available through this Site. Brainsy does not warrant that this Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
Brainsy and its affiliates and suppliers will not be liable for any damages of any kind arising from or in connection with the use of this Site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages (including, without limitation, loss of profits, goodwill, data, or use), even if such parties have been advised of the possibility of such damages. The foregoing limitation shall apply regardless of the form of action and whether in contract, breach of warranty, tort, negligence, strict liability, or otherwise.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, you may have additional rights. If you are dissatisfied with this Site or any portion hereof, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using this Site.
Third Party Content and Links
Brainsy may provide access to third-party content or websites. Brainsy is not responsible for such content or external sites and does not guarantee their accuracy or safety.
Refund Policy
All knowledge sharing discussions are non-refundable unless otherwise stated in writing. Contact support for billing issues.
Termination or Suspension
Brainsy may suspend or terminate your access to the Site at any time for violation of these Terms or other reasons.
Dispute Resolution
Disputes shall be resolved via binding arbitration administered by the AAA in Baltimore, Maryland. No class arbitration permitted. Each party waives its right to a jury trial.
Governing Law
These Terms are governed by the laws of the State of Maryland, USA. Any disputes shall be heard in Baltimore, Maryland courts.
Modifications
Brainsy may update these Terms at any time by posting revisions at https://brainsy.social/terms. Continued use signifies acceptance.
Privacy
Your use of the Site is also governed by our Privacy Policy.
Miscellaneous
These Terms constitute the entire agreement between you and Brainsy. If any part is found invalid, the remainder will continue in full force. Any claim must be brought within one year.
Electronic Notices
You consent to receive notices and agreements electronically.
Age Restrictions
This Site is not for users under 14. If you are under 18, you must use the Site with a parent or guardian who agrees to these Terms.
Last updated: August 30, 2022