Terms of Use

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Please read these Terms of Use carefully and completely, as your continued use of the BrainOpinions.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. BrainOpinions.com may, in 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.

PASSWORDS

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

You shall provide BrainOpinions.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 BrainOpinions.com account.

You may not:

1. select or use as a BrainOpinions.com User ID a name of another person with the intent to impersonate that person;
2. use as a BrainOpinions.com User ID a name subject to any rights of a person other than you without appropriate authorization; or
3. use as a BrainOpinions.com User ID a name that is otherwise offensive, vulgar or obscene.

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

Unless you voluntarily and affirmatively choose to list your e-mail address in your membership profile, biography, posting or other location on BrainOpinions.com, you understand that your actual e-mail address is not public, shared in anyway, or displayed on BrainOpinions.com. You also understand and agree that BrainOpinions.com in no way encourages members to disclose private information, including their e-mail addresses, on the publicly accessible portions of BrainOpinions.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 BrainOpinions.com, you may do so. You understand and agree that BrainOpinions.com in no way encourages members to disclose private information, including your e-mail addresses, on the publicly accessible portions of BrainOpinions.com.

You understand and agree that BrainOpinions.com and its directors, officers, 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 BrainOpinions.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 BrainOpinions.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 BrainOpinions.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 BrainOpinions.com, are entirely responsible for all content that you upload, posts, emails or otherwise transmits via BrainOpinions.com.

Your contributions to content on BrainOpinions.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 (i.e. mercury vaccines are good for kids)

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 BrainOpinions.com is not under any obligation to control, monitor or verify the statements made by members of BrainOpinions.com’s on-line community. If BrainOpinions.com discovers that you are violating these Terms of Use or otherwise making unacceptable use of BrainOpinions.com, however, BrainOpinions.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 BrainOpinions.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 BrainOpinions.com user;
4. Create or submit unwanted email (“Spam”) to any other BrainOpinions.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 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:
A. take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
B. interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
C. 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 BrainOpinions.com count, comments, or any other BrainOpinions.com service.
10. Post personal communications from anyone without their consent.

REPORTING VIOLATIONS OF TERMS OF USE

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

USER SUBMISSIONS

You acknowledge that BrainOpinions.com may or may not pre-screen Content posted by users to our Web Site (“User Postings”), but that BrainOpinions.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, BrainOpinions.com and its designees shall have the right to remove any User Postings that violates these Terms of Use or is, in BrainOpinions.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 BrainOpinions.com, you grant BrainOpinions.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 BrainOpinions.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. BrainOpinions.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 BrainOpinions.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 BrainOpinions.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.

COPYRIGHT INFORMATION

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 BrainOpinions.com. All Rights Reserved. Individual articles on the Site may be copied in full, without specific permission, for not-for-profit purposes, provided that your copy of the article includes full copyright and contact information, along with the promotional graphic and link located on the top the header. We would also appreciate an endorsement and encouragement to subscribe to the newsletter. Any other use of Site Material violates copyright, trademark, and other laws. Absent the express written permission of BR Publishing and BrainOpinions.com. You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for commercial purpose. Termination of your user account for any reason, including but not limited to your violation of any of these Terms of Use, results 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.

BrainOpinions.com has no responsibility for content on other web sites that you may find or access when using BrainOpinions.com’s products or services. Material available on or through other web sites may be protected by copyright and the intellectual property laws. The terms of use of those web sites, and not the BrainOpinions.com Terms of Use, govern your use of that material.

LINKS TO OTHER WEB SITES

Users may provide links to other web sites or resources. Because BrainOpinions.com has no control over such sites and resources, you acknowledge and agree that BrainOpinions.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 web site, 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 BrainOpinions.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 use of or reliance on any such content, goods or services available on or through any such site.

LIMITATION OF LIABILITY

Although BrainOpinions.com desires accuracy in all elements of the Site Material, there may be inaccuracies or typographical errors. BrainOpinions.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 use of the Site. You use the Site and the Site Material at your own risk.

THE WEB SITE 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, BrainOpinions.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 WEB SITE.

IN NO EVENT SHALL BrainOpinions.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.

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 BrainOpinions.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.
BrainOpinions.com shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond BrainOpinions.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 sub licensable by you except with BrainOpinions.com’s prior written consent.

Last Updated 07/2012

Terms of Use
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