TERMS OF SERVICE
The BrainyURL.com Redirect Service
("Service"), is owned and operated by Faze51 LLC, BrainyURL.com Redirect
Service is provided to you ("Member") under the terms and conditions of
these Terms of Service and any operating rules or policies that may be published
by BrainyURL.com. The Terms of Service comprises the entire agreement between
Member and BrainyURL.com and supersedes all prior agreements between the
parties regarding the subject matter contained herein.
BY COMPLETING THE REGISTRATION PROCESS AND CHOOSING THE "I ACCEPT" OPTION, YOU ARE
INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF
THE TERMS OF SERVICE.
DESCRIPTION OF SERVICE
The Service makes use of the Internet to receive and redirect requests for uniform resource locators ("URL").
BrainyURL.com provides Members with a capability to use a URL
via the World Wide Web and on BrainyURL.com's own system. Member may use the URL to redirect the URL
request to another URL of their choice provided it meets the guidelines of the Terms of Service.
MODIFICATIONS TO TERMS OF SERVICE
BrainyURL.com may make change to the terms and conditions. Upon any change
in the terms and conditions, BrainyURL.com will notify you by posting the
changes in their newsletter. Member's continued use of the Service constitutes
an affirmative: (1) acknowledgment by Member of the Terms of Service and
its modifications; and (2) agreement by Member to abide and be bound by
the Terms of Service and its modifications.
MODIFICATIONS TO SERVICE
BrainyURL.com reserves the right to modify or discontinue the Service with or without notice to
the Member. BrainyURL.com Redirect Services shall not be liable to Member or any third party, should BrainyURL.com
exercise its right to modify or discontinue the Service for any reason.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the Service, you shall receive a password and an account. You are
entirely responsible if you do not maintain the confidentiality of your password and account.
Furthermore, you are entirely responsible for any and all activities which occur under your account.
You may change your password and information at any time by following instructions.
Member agrees to immediately notify BrainyURL.com of any unauthorized use of Member's
account or any other breach of security known to Member.
DISCLAIMER OF WARRANTIES
Service is provided on an "as is" and "as available" basis. BrainyURL.com
expressly disclaims all warranties of any kind, whether express or implied,
including, but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
BrainyURL.com makes no warranty that the service will meet Member's requirements,
or that the service will be uninterrupted, timely, secure, or error free; nor
does BrainyURL.com make any warranty as to the results that may be obtained from
the use of the service or as to the accuracy or reliability of any information
obtained through the service or that defects in the software will be corrected.
No advice or information, whether oral or written, obtained by member from
BrainyURL.com or through the service shall create any warranty not expressly made
herein.
LIMITATION OF LIABILITY
BrainyURL.com shall not be liable for any direct, indirect, incidental, special
or consequential damages, resulting from the use or the inability to
use the service or for cost of procurement of substitute service or goods
or for unauthorized access to or alterations of Member's account, transmissions, or data,
including but not limited to damages for loss of profits, use, data or other intangible,
even if BrainyURL.com has been advised of the possibility of such damages.
Member acknowledges and agrees that BrainyURL.com neither endorses the contents of any
Member sites or pages nor assumes responsibility for any threatening, libelous, obscene,
harassing or offensive material contained therein, any infringement of third party
intellectual property rights arising therefrom or any crime facilitated thereby.
NO RESALE OF THE SERVICE
Member's right to use the Service is personal to Member. Member agrees not to resell the Service
without the express consent of BrainyURL.com
REDIRECT FAILURE AND OTHER LIMITATIONS
BrainyURL.com assumes no responsibility for the deletion or failure to redirect requests for
uniform resource locators (URLs).
BrainyURL.com has set no fixed upper limit on the number of redirects a Member may receive
through the Service; however, BrainyURL.com retains the right, at BrainyURL.com's sole
discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of
the Terms of Service and may terminate Service if a Member's conduct is found to be inconsistent with the Terms of Service.
MEMBER CONDUCT
Member is solely responsible for the contents of his or her transmissions through the Service.
Member's use of the Service is subject to all applicable local, state, national and international laws
and regulations.
Member agrees: (1) to comply with US law regarding the transmission of technical data exported
from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to
interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies
and procedures of networks connected to the Service.
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The Service makes use of the Internet to receive and redirects requests for uniform resource locators;
therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will
not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any
person who has not given specific permission to be included in such a process.
BrainyURL feels very strongly that the sending of unsolicited bulk email
("spamming") constitutes theft of service, and we do not condone or
tolerate the use of our service for this purpose. If we receive complaints
that a redirect url has been used for this purpose, we will investigate
the complaints thoroughly, insure the member is infact spamming, and take
legal action against the owner of this url.
Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, intimidating, obscene or otherwise objectionable material of any kind or nature.
Member further agrees not to transmit any material that encourages conduct that could constitute a
criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national
or international law or regulation.
Member shall not interfere with another Member's use and enjoyment of the Service
or another entity's use and enjoyment of similar services. BrainyURL.com may, at its sole
discretion, immediately terminate Service should Member's conduct fail to conform with these terms
and conditions of the Terms of Service.
INDEMNIFICATION
Member agrees to indemnify and hold BrainyURL.com, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of Member's use of the Service, the violation of the Terms of Service
by Member, or the infringement by Member, or other user of the Service using Member's computer,
of any intellectual property or other right of any person or entity.
TERMINATION
Either Member or BrainyURL.com may terminate the Service with or without cause at any time
and effective immediately. BrainyURL.com shall not be liable to Member or any third party for
termination of Service.
Should Member object to any terms and conditions of the Terms of Service or any subsequent modifications
thereto or become dissatisfied with the Service in any way, Member's only recourse is to
immediately: (1) discontinue use of the Service; and (2) terminate Service membership.
Upon termination of the Service, Member's right to use the
Service and Software immediately ceases. Member shall have no right and BrainyURL.com
will have no obligation thereafter to forward any requests for url's to Member or any third party.
NOTICE
All notices to a party shall be in writing and shall be made either via email or conventional mail.
BrainyURL.com may broadcast notices or messages through the Service to inform Member of
changes to the Terms of Service, the Service, or other matters of importance; such broadcasts shall constitute
notice to Member.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate in promotions of the Advertisers showing
their products on the Service. Any such correspondence or promotions, including the delivery of and
the payment for goods and services, and any other terms, conditions, warranties or representations
associated with such correspondence or promotions, are solely between the corresponding Member
and the Advertiser. BrainyURL.com assumes no liability, obligation or responsibility for any part
of any such correspondence or promotion.
PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not limited to text, software, music, sound,
photographs, video, graphics or other material contained in either sponsor advertisements or
email-distributed, commercially produced information presented to Member by the Service
("Content") by BrainyURL.com or BrainyURL.com's Advertisers, is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only
permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may
not copy, reproduce, distribute, or create derivative works from this Content without expressly being
authorized to do so by the Service or the Advertiser.
Fees and Payments
The fees charged by BrainyURL are referred to as Subscription Fees. BrainyURL
Subscription Fees will continue and renew automatically unless terminated by
BrainyURL or until you cancel your subscription online or notify BrainyURL via
email at support[at]brainyurl.com. You may cancel your subscription at any time.
Monthly and Annual fees for your subscription will be billed automatically to
the PayPal credit card designated during the signup process for BrainyURL, or
subsequently designated to BrainyURL at the start of the subscription period
and at the start of each renewal period, unless you terminate your subscription
before the relevant period begins. You agree to pay or have paid all fees and
charges incurred in connection with your subscription for BrainyURL.com (including
any applicable taxes) at the rates in effect when the charges were incurred.
All fees and charges are nonrefundable. BrainyURL may change the fees and charges
then in effect, or add new fees or charges, by giving you written advanced notice.
All fees and charges incurred in connection with your user name and password
will be billed to the credit card designated during the registration process
for BrainyURL.com or subsequently designated to Faze51, LLC, the owner of BrainyURL.
You also are responsible for any fees or charges incurred to access BrainyURL.com
through an Internet access provider or other third party service. You are responsible
for paying amounts billed by BrainyURL to your credit card for Subscription
Fees. This Agreement is personal to you, is your obligation and therefore, you
may not assign your rights or obligations of this to anyone.
Credit Cards
As a condition to your right to use the BrainyURL service, you must provide
us with a valid credit card number or paypal ID belonging to you with available
credit sufficient to pay the applicable fees. In the event that you cancel this
credit card or it is otherwise terminated, you must immediately provide us with
a new valid credit card number. You authorize us from time to time, to undertake
steps to determine whether the credit card number you have provided to us is
a valid card number. In the event that you do not provide us with a current
valid credit card number with sufficient credit upon request during the effective
period of this Agreement, you will be in violation of this Agreement, and we
may terminate this Agreement with you. In the event that you provide us with
a debit card number instead of a credit card number, you authorize us to make
all charges described in this Agreement to your debit card account. By checking
the box below, you indicate that you have read the above subscription agreement,
Terms of Service and Privacy Policy and agree with its terms and conditions.
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