Welcome to thebrainmaster.com (the “Service”, as more fully described below). The Service is owned by File Creator LTD. (“The Company“, “we” or “our“).
From time to time, The Company may change the Terms to meet technical, operational and legal changes. The Company will post a notice about changes made to the Terms on the Service’s website, The Company may send you a notice by email, at a reasonable time before the changes take effect. You may choose to deny the amended Terms and terminate your account. By continuing to use your account with the Service after the new changes have taken effect, you indicate your agreement to the amended Terms.
The Service is an online resource for articles and information about lifestyle. The Service offers general interest content, including dating and travel tips, as well as information on nutrition and leading a healthy lifestyle. The Service may include paid advertisements and advertorials on behalf of interested vendors, as well as endorsements and sponsorships.
From time to time, The Company may modify or enhance the Service, and may offer additional tools and features, free-of-charge or subject to additional fees. The additional tools and features may be governed by additional or different terms of service.
Acceptable use of the Service
Subject to these Terms, we grant you a worldwide, limited, non-exclusive, revocable, non-transferable, non-sub-licenseable right to use the Service for your personal purposes only and subject to these Terms. You may use the Service’s tools and features that we make available, for their intended purpose only.
Except as explicitly provided in these Terms, you may not use the Service for any other purpose.
When using the Service, you agree to abide by any usage guidelines we may publish from time to time and by all applicable local and international laws, regulations and rules.
You further agree that you are solely responsible for your acts and omissions associated with the access and use of the Service by you and by anyone on your behalf.
You may not access or use the Service –
- for any commercial purpose;
- for or in connection with any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, foreign law or industry standard, including, without limitation, any applicable laws and regulations governing intellectual property, privacy, defamation, fraud, mass email, spam, harassment, obscenity, hate-speech, export control, consumer protection, unfair competition and false advertising or any other deceptive practices;
- to upload, post, email, transmit, record, provide a recording or otherwise make available any information and materials that infringe a third party’s right, including privacy, publicity and intellectual property rights;
- to create of distribute software viruses, Trojan horses, worms and any other malicious application to computers and networks;
- to develop or create a similar or competitive product or service to the Service.
When you register, we may ask you to provide certain contact and personal details. We will explicitly indicate the fields that are mandatory to complete. False, incorrect, or outdated information, such as an invalid email address, may prevent you from registering and impair our ability to provide you with the Service.
To login, you must provide your email and password. We may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing the Service. You will maintain your login details in absolute confidentiality. Make sure that you change your password at least once every six months. You will immediately notify The Company of any potential or actual misuse, unauthorized use, of your account.
YOU MUST NOT USE THE SERVICE FOR ANY COMMERCIAL OR BUSINESS PURPOSE, INCLUDING BUT NOT LIMITED TO, PROVIDING THE SERVICE TO THIRD PARTIES BY RESELLING, LICENSING, RENTING, LEASING, TRANSFERRING, LENDING, TIMESHARING, ASSIGNING, MIRRORING, REDISTRIBUTING OR DISPLAYING THE SERVICE OR ANY PART THEREOF, WITHOUT OUR PRIOR EXPLICIT WRITTEN PERMISSION.
Without limiting the aforesaid, you may not –
- modify any material or content which we make available on the Service, except as expressly permitted under these terms;
- modify, make derivative works of, disassemble, de-compile or reverse engineer any part of the Service’s software code;
- interfere with, burden or disrupt the functionality of the Service;
- circumvent, impair or manipulate the operation of the Service;
- work around or circumvent any technical limitations in the Service or use any tool to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
- embed, frame or otherwise link directly to the Service, from any other web-page, application or other resource, without our prior written permission;
- engage in or attempt to engage in any form of testing, scanning, crawling, scraping, probing, robotic navigating, bulk extracting or hacking the Service;
- engage in any false, misleading or deceptive acts or practices involving the Service or your identity, agency or affiliation with any person or entity;
- breach the security of the Service, or any network or server used by the Service, or identify any security vulnerabilities thereof without our prior knowledge and permission.
We may at any time, at our sole discretion and without prior notice, delete any material from our servers, in whole or in part.
Termination of Your Account
You may terminate your user account by using the account termination option on the Service. We may require you to verify your identity by sending us additional information, either by e-mail or through any other means, as a condition for terminating your user account. Upon completion of processing your request, we will terminate your account and you will no longer be able to access the Service as a registered user.
Subject to these Terms, you may renew your registration at any time after your account has been terminated, by completing the registration process again.
Notwithstanding any remedies that may be available to us under any applicable law, we may temporarily or permanently deny, limit, suspend, or terminate your user profile, prohibit you from accessing the Service, remove your uploaded content and take technical and legal measures to keep you off the Service, if we determine in our sole discretion that –
- you have abused your rights to use the Service; or,
- you have breached the Terms; or,
- you violated any applicable law, rule, or regulation; or,
- you have performed any act or omission which is harmful or likely to be harmful to us, or any other third party, including other users or providers of the Service;
The content that appears on the Service is for informational purposes only. The Company may allow you to upload, store, administrate, edit, deliver, make available and distribute content (“Contributed Content“) to the Service. Any use of your account is subject to your sole responsibility. You represent and warrant that you will not use the Service to contribute any illegal or abusive content, or use the Service for any abusive or illegal activity. The Company may, but is under no duty to, review all Contributed Content and remove or block access to such content, as more fully described below.
We respect the rights of our users and any other person. If you believe that your rights are abused on the Service, please contact The Company at: firstname.lastname@example.org. We may ask you to provide additional information to process your complaint. The Company will make reasonable efforts to review your complaint and respond promptly. The Company will not respond to anonymous complaints.
The Company may remove any Contributed Content if we believe, in our sole discretion, or receive a notice from a third party, that such content may violate any third party rights.
The Service may contain links to other websites, information or content provided by third parties. We do not operate or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, objectionable, annoying, improper, unlawful or immoral.
By linking to a certain website, we do not or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality.
We do not assume responsibility for such third party websites or content, or their availability or for any transactions made between you and such third party websites. We will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any third party websites or content.
We may include in the Service paid advertisements and advertorials on behalf of interested vendors, as well as endorsements and sponsorships. By clicking the advertisements you may be shifted to a service of the advertiser or receive any other messages, information or offers from the advertiser.
We are not responsible for such advertisements, the privacy practices of the advertiser or the content of their service, information, messages or offers. The advertisements and advertorials are not recommendations or encouragement by us, to procure the goods or services advertised. We did not test or review any of the goods or services featured on our site. The information that we present about these goods or services are from third parties from which we receive compensation.
You are solely responsible for your communication and interaction with advertisers and to all transactions taking place subsequently.
Except for your Contributed Content, all rights, title and interest in and to the Service, including any intellectual property rights, whether registered or not, and any goodwill associated therewith, are owned by, or licensed to The Company. Unless as expressly provided, these Terms do not grant you any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect to the Service and you may not use the Service for any other purpose without our prior, express written authorization.
The Company does not claim ownership over Contributed Content. However, you grant The Company permission to use your Contributed Content, for the purposes of providing, developing and supporting the Service. You acknowledge that The Company may in its sole discretion adjust and modify Contributed Content, according to its requirements.
Disclaimer of Warranty
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED FOR USE “AS IS”, WITHOUT ANY WARRANTIES OF ACCURACY, RELIABILITY, LIKELY-RESULT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR IT BEING UP-TO-DATE. USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICE, THE ACCURACY, RELIABILITY, ADEQUACY OR COMPLETENESS OF THE SERVICE OR ANY OTHER MATERIAL PROVIDED BY ANY LINK TO ANOTHER WEBSITE OR SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, LIKELY-RESULT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE WHETHER MADE BY THE COMPANY’S EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THESE TERMS, WILL BE DEEMED TO BE A WARRANTY BY THE COMPANY FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF THE COMPANY WHATSOEVER.
Limitation of Liability
THE COMPANY, AND THE COMPANY’S EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON THE COMPANY’S BEHALF WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON WITH RESPECT TO THE SERVICE’S PROPERTIES, ABILITIES, LIMITATIONS, FITNESS TO YOUR NEEDS, OR WITH RESPECT TO ANY CONTENT AVAILABLE ON THE SERVICE, THAT YOU RELY ON.
THE COMPANY, AND THE COMPANY’S EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON THE COMPANY’S BEHALF, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT OR ERROR MADE BY THE COMPANY’S STAFF OR ANYONE ACTING ON THE COMPANY’S BEHALF OR FROM ANY COMMUNICATION WITH THE COMPANY OR WITH OTHER USERS IN CONNECTION WITH THE SERVICE – WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, COSTS, EXPENSES OR PAYMENTS.
You will indemnify, defend and hold harmless us, The Company, The Company’s employees, directors, shareholders, advisors or anyone acting on our behalf with respect of any claim, demand, damage, loss, loss of profit, payment or expense, including reasonable attorney fees The Company incurs in connection with breach of these Terms or an unlawful or tortuous action or inaction with respect to the Service by you or by anyone on your behalf. Such indemnity will include, but will not be limited to, legal expenses and attorney fees.
Changes and Availability
We may from time to time change the Service’s structure, layout, design or display, as well as the scope and availability of the information and content therein, without giving any prior notice. Changes of this character by their very nature are likely to result in glitches or cause inconvenience. We will not be held responsible for any outcome of these changes, and failures resulting from them.
Termination of Service’s operation
We may, at any time and at our sole discretion, discontinue, temporarily or permanently, the operation of the Service, or any part thereof. We are not obligated to give any notice prior to such discontinuation.
At any time, we may block, remove or delete any content from the Service without maintaining any backup copy.
Governing Law and Jurisdiction
These Terms, the Service or any dispute arising out of or related thereto, will be governed solely by the laws of the United Kingdom, regardless of your country of origin or where you access the Service, and without giving effect to any conflicts of law principles, which would result in the application of the laws of a jurisdiction other than the United Kingdom.
The competent courts in London will have sole and exclusive jurisdiction over any claim in connection with the Service and in respect of any matter relating to the validity, applicability, performance or interpretation of these Terms. You agree to the exclusive jurisdiction of the above mentioned courts, agree to accept service of process by any means permitted by the applicable law and hereby waive any jurisdictional, conflict of law or venue defenses otherwise available to you.
No waiver, concession, extension, representation, alteration, addition or derogation from these Terms will be effective unless effected in writing and expressly.
You may not assign or transfer your rights and/or obligations under the Terms. Any attempted or actual assignment or transfer by you will be null and void. We may assign or transfer our rights and obligations under the Terms to any third party, provided that your rights under the Terms are not compromised by such assignment or transfer.
The paragraph headings herein are intended solely for the purpose of orientation and reading convenience, and will not be used for interpretation purposes.
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms will remain in full force and effect.
Updated: 15th of February, 2015.