Terms of Service
Updates to the terms
Use of service
Your right to use the Service and content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability.
Your BRAIN FART user account will continue until terminated by us or you. By you willingly through our ‘account termination’ option in the settings page. By us when you violate any terms of us. Unless stated differently in any local law, we may temporarily or permanently suspend or terminate your account or impose limits on or restrict your access to parts or all of the Services at any time, without notice and for any reason, including, but not limited to, violation of these Terms, court order, or inactivity.
Subject to any statutory rights you might have, if your account is terminated, access to your username, password, and all related information, files, and content associated with your account may be terminated and your username may be recycled for use by others.
If there is any paid service we will suspend or terminate your access to this service at 30 days from the date of any unpaid charges. You are liable for any fees, including attorney and collection fees, incurred by us in our efforts to collect any remaining balances from you.
Reasons to terminate an account include, but are not restricted to:
- Breaking the law including violation of local laws, breaches of any contract or legal duty
- Fraudulent behavior, such as posting false, misleading or inaccurate content or comments
- Victimizing other users or any abuse of personal information
- Spreading of any content that can be considered as spam, which is not included in our advertisement program
You are responsible for all activity that happens on or through your account. To protect your account, keep your password confidential. Do not reuse your account password with other services. Without prejudice to your statutory rights, if you forget your password and otherwise cannot validate your account to Brain fart, you acknowledge and agree that your account may be inaccessible to you and that all data associated with the account may not be retrievable.
Whenever BRAIN FART will introduce new features that provide for or require any payment or payout. You can consent and subscribe to or make use of these services. In order to do so you need to provide us with one or multiple payment methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your account and subscriptions before your billing date, you authorize us to charge the fee for the next billing cycle to your Payment Method.
We may offer a number of account plans, including accounts offered by third parties in conjunction with the provision of their own products and services. Some account plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your BRAIN FART plan by visiting our website.
All charges are nonrefundable unless provided otherwise in the terms you agree to when you register for a fee-based Service, unless stated differently for your country in Section 14 or as otherwise specified below.
Whenever BRAIN FART offers any purchases of usage subscriptions and other virtual currency including credits, points and any virtual items available on the BRAIN FART Services are non-refundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a non-exclusive, revocable, non-assignable and non-transferable right.
Funding of Ideas
The creator and their backers are solely responsible for communication on the idea and the progress of any services or products described in the contract. If any creator fails to deliver and of the promised services or products they must fulfill a reasonable effort for bringing the idea to the satisfactory result. This may include an effort to refund the backers if the creator is unable to fulfill the agreement in the contract. Whenever the funding product becomes available to you we will provide you with the additional terms.
Passwords and Account
The member who created the BRAIN FART account and whose Payment Method is charged (the "Account Owner") is responsible for any activity that occurs through the BRAIN FART account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the BRAIN FART ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, BRAIN FART or our partners from identity theft or other fraudulent activity.
You must be at least 18 years of age to become a member of the BRAIN FART service. Minors may only use the service under the supervision or with consent of an adult.
PG for you
Our Services display some content that we did not create and do not own. This content is the sole responsibility of the entity or person that makes it available. We assume no responsibility for the conduct of third parties, including persons or entities with which you interface using the Services. By using or accessing the Services you understand and agree that you may be exposed to offensive, indecent, or objectionable content.
We will send you information relating to your account (e.g.
payment authorizations, invoices, changes in password or Payment Method,
confirmation messages, notices) in electronic form only, for example via emails
to your email address provided during registration or through an instant
message while you are using BRAIN FART.
Third party content restrictions
The content available through BRAIN FART does not allow for any other use than the use stated by the provider of this content. During your BRAIN FART membership we grant you a limited, non-exclusive, non-transferable right to access the BRAIN FART service and view BRAIN FART content or partners. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
Links to other websites or services
Our Service may contain links to third party web sites or services that are not owned or controlled by BRAIN FART. BRAIN FART has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites or services. You acknowledge and agree that BRAIN FART shall not be responsible or liable, directly or indirectly, for any damage or loss 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 third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Experimentation in service
The BRAIN FART service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our website, apps, user interfaces, promotional features and availability of BRAIN FART content. If we decide to test any new features on you, as in case with A/B testing this will not invoke any changes in rights or agreements.
We are constantly innovating, changing and improving the Services. We may, without notice, add or remove functionalities or features, create new limits to the Services, or temporarily or permanently suspend or stop a Service.
Changes in platform or content
Except as otherwise agreed between us and you in writing, you may not use the BRAIN FART Services in any way to advertise any commercial endeavor or otherwise engage in any commercial activity (e.g., offering products or services, conducting raffles or contests or displaying sponsorship banners) or that solicits funds, advertisers or sponsors, whether or not for profit.
You may not attempt any of the actions set forth in this section or authorize, facilitate or induce others to do so.
We may require proof that you are following these rules at any time. We reserve the right to take, or to refrain from taking, any and all steps available to us once we become aware of any violation of these provisions. If you are involved in any violation of our systems’ security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
The quality of the display of the BRAIN FART content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching BRAIN FART content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your BRAIN FART ready device. If you want to check what your service provider is actually allowing you to utilize, you can make use of a speedtest provided by BRAIN FART or any speedtest…just google it.
If any of the content provided that uses any service of a
third party, BRAIN FART is not responsible for the quality of that content or
BRAIN FART software is developed by, or for may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the BRAIN FART software and related third-party software.
We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by BRAIN FART at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members of households with an existing or recent BRAIN FART membership may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent BRAIN FART membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
Promotional codes for certain BRAIN FART or Third party services or content may be available, including as part of promotions by third parties. You may redeem promotional codes according to the rules for that promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may not be combined with other offers. If you received a promotional code through an offer by a third party, additional conditions may apply. No promotional offers or codes may be used in order to remarket or be used to gain any profit from, only if otherwise specified.
Library uploads or user generated content
BRAIN FART may now, or in the future, offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or on or in response to our pages or posts on any third party platforms or in connection with any of our promotions by any media or manner, messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding included therein, "User-Generated Content" or "UGC"). You may submit UGC through your profile, forums, blogs, message boards, social networking environments, content creation tools, gameplay, social communities, contact us tools, email, and other communications functionality. Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you are responsible for and retain whatever legally cognizable right, title, and interest that you have in your UGC.
Your User Content will not be acknowledged or returned
You Upload any User Content voluntarily, not in confidence, and no confidential or fiduciary relationship exists between us or any other party and you based on your Uploads. You acknowledge that you will not be paid for Uploading your User Content in any way.
Non-Confidentiality of Your User-Generated Content
License to BRAIN FART of Your UGC
Without limitation, the granted rights to BRAIN FART include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to BRAIN FART to your UGC, you also hereby grant to BRAIN FART, and agree to grant to BRAIN FART, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted. Only if otherwise stated in any other products additional terms in which we can partner.
BRAIN FART Exclusive Right to Manage Our Service
BRAIN FART may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and BRAIN FART may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third party in connection with our operation of UGC venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms. Such UGC submitted by you or others need not be maintained on the Service by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Service or elsewhere.
Representations and Warranties Related to Your UGC. Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (a) you are the sole author and owner of the intellectual property and other rights to the UGC, or you have a lawful right to submit the UGC and grant BRAIN FART the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any BRAIN FART obligation to obtain consent of any third party and without creating any obligation or liability of BRAIN FART; (b) the UGC is accurate; (c) the UGC does not and, as to BRAIN FART permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.
Enforcement. BRAIN FART has no obligation to monitor or enforce your intellectual property rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including initiating actions in your name and on your behalf (at BRAIN FART cost and expense, to which you hereby consent and irrevocably appoint BRAIN FART as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
Appropriate content and Alerting Us of Violations. We expect UGC to be appropriate for a general audience, but do not undertake to monitor it, and you consent to potentially encountering content you find offensive or inappropriate.
BRAIN FART does not accept unsolicited materials or ideas for BRAIN FART content, and is not responsible for the similarity of its content or programming in any media to materials or ideas transmitted to BRAIN FART.
BRAIN FART does not offer any customer support for a non-paid service.
If you have any questions about these terms, please contact us at [email protected]