Terms of ServiceYour relationship with Gotbrainy
- Whenever you use our services it’s under the terms of a legal contract with Gotbrainy.
- We will make any additional Legal Notices available to you when you sign up for the service concerned so you’ll know they apply.
- If you misbehave, we may terminate our agreement with you. This might result in your access to some or all of our services being disabled. Don’t say you weren’t warned.
- We may also decide to stop providing services to you. While we don’t plan to discontinue any service, we reserve the right to.
- You can terminate your agreement with us at any time by closing your account for the services you use. We’ll be sorry to see you go, but you can come back anytime!
- Remember that when you use our services, you remain responsible for your conduct and actions, and for any content you’ve submitted to us.
- Generally, our services are only for you personally to use. If you want to redistribute a service, copy it, sell it or such like you’ll have to get our express permission first.
- It’s your responsibility to look after your account security and passwords. Activities that happen on your account are your responsibility.
- Gotbrainy does not assert any ownership rights in your content. What belongs to you, stays yours.
- We do require that you give us a licence to the content you post so that we can host it and, if you ask us to, make it available to others.
- Content on our services usually isn’t ours. We may not monitor what we host or link to, although in some limited cases we might. Don’t be surprised if you see something you don’t like. You can always tell us about it or stop looking.
- We are constantly changing and improving our services. If you’re scared of change, this isn’t the place for you.
- We hope that you will enjoy using our services, but we don’t make any specific promises about them being able to work wonders for you, or about their reliability or availability.
- Some services contain secret sauce. The secret sauce is supposed to stay secret. Please don’t disclose our confidential information.
- Gotbrainy isn’t responsible for things that might happen to you as a consequence of your use of our services. Unfortunately, everything in life has some risk. We think the benefits are worth it.
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us, the founders, with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For sending us notifications of claimed infringement, please email admin [at] Brainyflix [dot] com, and we will provide a mailing address for you to send it to.
You acknowledge that if you fail to comply with all of the requirements of this Section 8(A) your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to us:
1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Seattle, Washington and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by us, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
C. Repeat Infringers. We will terminate the access privileges of any user who repeatedly infringes the copyright rights of others.