Terms & Conditions
BY CLICKING ON THE “I AGREE”, “I ACCEPT” OR SUCH SIMILAR BUTTON OR LINK AS MAY BE DESIGNATED FOR PURPOSES OF INITIATING THE REGISTRATION PROCESS YOU AGREE TO BE LEGALLY BOUND BY THE INCLUDED TERMS AND CONDITIONS.
Your use of mybrainchain.com (“Website”) is subject to the following Terms and Conditions:
USE OF WEBSITE
- The Terms and Conditions govern your use of this Website and by accessing or using the Website you agree to accept them.
- Registration is strictly limited to students, faculty, and staff of Brown University with an @brown.edu or @risd.edu email address.
- You warrant that you are at least 17 years of age and have the legal capacity to enter into this agreement with BrainChain.
- You warrant that you have obtained the consent of anyone else whose personal information is to be stored on the Website, (whatever their age), to operate the account and will be responsible to ensure any access or use by them complies with this agreement.
- BrainChain may change the Website offering or these Terms and Conditions at any time without notice to you.
- BrainChain will use reasonable endeavors to provide an uninterrupted and error-free service but does not guarantee it and will not be responsible for loss or damage arising from errors and interruptions, including but not limited to loss or damage arising from delays in uploading or posting your data, loss of your data, or how such delays or losses are caused. You acknowledge and accept that BrainChain does not guarantee continuous, uninterrupted or secure access to its Website and operation of its Website may be interfered with or adversely affected by numerous factors or circumstances outside of BrainChain’s control.
- BrainChain does not vet or screen its users, other than the requirement that users have an @brown.edu or @risd.edu email address.
- BrainChain is not responsible for the behavior of users on the platform.
- BrainChain has full discretion to ban users from the Website, or otherwise restrict use of the Website, at any time and for any reason.
CONTENT OF WEBSITE
- BrainChain is an online platform that allows students to conveniently connect with other students that may be studying the same topics or be enrolled in the same classes. The platform allows students to create and coordinate study sessions with other students, thereby allowing students the opportunity to study with others and benefit from the value of collaboration.
- As a user, you control all of the content on your password protected part of the Website and are wholly responsible for its accuracy and for the security of your user name and password.
- BrainChain relies on the accuracy of the information provided by users on the Website. BrainChain does not verify the accuracy of any information posted on the Website by its users. Users should not rely on BrainChain as a primary source of examination information, including examination dates, times, locations, or content. Likewise, users should not rely on BrainChain as a primary source of any other information posted on the Website by users, including class schedules, homework, professor information, class meeting times and locations, or the like. BrainChain is not responsible for any loss or damage caused by any user missing an examination, homework assignment, class meeting, or any other harmful result of that user’s reliance on information posted on the Website.
- BrainChain reserves the right to modify or remove study sessions posted to the Website at any time for any reason.
- BrainChain may temporarily or permanently suspend the BrainChain platform at any time and/or remove any functionality or aspect of the platform at any time for any reason.
- BrainChain expects users to act in the highest level of academic and professional conduct, both on the platform and in sessions.
- Users are expected to collaborate in a manner that is in accordance with the collaboration and academic integrity policies of their professors, departments, and Brown University. If students are unclear about the collaboration and academic integrity policies surrounding a class, they should speak with their professor. BrainChain is not responsible for any student’s academic conduct or violation of the academic integrity policies at Brown University.
The service provided by BrainChain and on the mybrainchain.com Website is available for your personal,
non-commercial use. You may not use these services for illegal or unauthorized purposes. In addition,
you also agree not to use mybrainchain.com services to:
- Post, upload, transmit, or otherwise make available any content that BrainChain in its sole discretion deems to be threatening, abusive, harmful, vulgar, obscene, hateful, fraudulent, libelous, defamatory, or objectionable.
- Impersonate any person or entity.
- Display, upload, or provide material that is pornographic or sexually explicit material of any kind.
- Create a false and/or misleading identity.
- Submit unlawful or illegal materials or promote unlawful or illegal activities.
- Submit and/or use copyrighted materials without the owner's prior written consent.
- Use or attempt to use another person's account.
- Use another user’s personal information other than for the purpose of contacting that user.
- Distribute unsolicited or unauthorized messages, advertising, "spam", or "junk mail".
- Attempt to gain unauthorized access to BrainChain’s systems, networks, or accounts.
- Submit harmful scripts, viruses, or programs, and or linking to these materials.
- Modify, copy, export, or reverse engineer any portion of BrainChain’s Website and its services.
- BrainChain takes no responsibility for what happens at study sessions. BrainChain has no control over the productivity, focus, professionalism, or appropriateness of behavior exercised in a study session and takes no responsibility for the same.
- BrainChain is not responsible for harassment, whether sexual, verbal, or otherwise, that might occur as a result of use of the platform. BrainChain is not responsible for actions of users or other students in study sessions, or outside of study sessions, alone, or with others whom they met or worked with at a BrainChain study session. Use of the platform is of the user’s own will and at the user’s own risk.
- BrainChain may indefinitely or permanently ban any user from the platform for any misconduct, including platform abuse, complaints from other students, or any other misconduct that BrainChain deems to warrant a ban.
- BrainChain owns the copyright to all original material contained in this Web site. The web site content may not be reproduced or used without the prior express written permission of BrainChain.
- BrainChain and the BrainChain Logo are trademarks of BrainChain. These trademarks may not be used in connection with any product or service that is not BrainChain’s, in any manner that is likely to cause confusion among consumers, in any manner that dilutes BrainChain’s rights, or in any manner that disparages or discredits BrainChain. All other trademarks not owned by BrainChain that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by BrainChain.
THIRD-PARTY SITES AND LINKS
PRIVACY AND SECURITY
- BrainChain will use the latest available security measures to protect your information from loss, disclosure or misuse but does not guarantee that there will be no such loss, disclosure or misuse, and will not be responsible for loss or damage arising from any such loss, disclosure or misuse.
- BrainChain and its staff and contractors will not be responsible for any release of information to unauthorized persons provided they have acted in good faith.
- BrainChain may block uploads or postings to the Website if it is necessary, in BrainChain's opinion, to do so.
- To use the Website only for creating or finding study sessions, or otherwise coordinating class examination, meeting times, study sessions, or other class- or study-related information, as permitted by BrainChain.
- To take reasonable care not to introduce any virus, worm or other computer code onto the Website that could manifest contaminating or destructive properties.
- To defend, indemnify and hold BrainChain harmless from any claims or proceedings for loss or damages arising in whole or in part out of use of the platform.
TERM OF SERVICE AND TERMINATION
- The term for use of mybrainchain.com shall be for the period of your enrollment at Brown University.
- You agree that BrainChain may restrict or terminate your use of the Website or any other service of BrainChain for any reason, with or without notice to you. You agree that BrainChain may modify or discontinue BrainChain, with or without notice to you. BrainChain shall not be liable to you or any third party for any claim or cause of action arising out of such termination, restriction, modification or discontinuance.
DISCLAIMER OF WARRANTIES
- Notwithstanding any other statement on the mybrainchain.com Website, BrainChain makes no warranties of any kind, either express or implied, regarding and including, but not limited to, the completeness, accuracy, reliability or availability of information or material stored by BrainChain or otherwise available through BrainChain. The BrainChain service and everything on the Website is provided to you "as is" and "as available". BrainChain makes no representations or warranties of any kind with respect to its services, the web site or its content. BrainChain does not warrant that its Website is free of viruses or other harmful components that may affect your computer. Access to information on the BrainChain web site depends upon operation of Internet and telecommunications facilities which are not owned or controlled by BrainChain. BrainChain therefore assumes no liability for any transmission delay, service interruption, data corruption or other problem connected with accessing the BrainChain Web site. BrainChain disclaims all representations and warranties, including, for example warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, no information, whether oral or written, obtained from you by BrainChain or its agents or employees shall create any warranty not expressly made in these Terms & Conditions. If any applicable authority holds any portion of this section to be unenforceable, then warranties will be disclaimed to the fullest possible extent permitted by applicable law.
LIMITATION OF LIABILITY
- Neither BrainChain (including its related companies and each of their respective directors, officers, employees and agents) nor any other party involved in creating, producing or hosting the Website shall be liable to you or any third party for any direct, incidental, consequential or indirect damages resulting from access to, use of, or inability to use the Website or the BrainChain information or materials, whether based on warranty, contract, tort, or any other theory or liability and without regard to any negligence of BrainChain. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
- You agree to indemnify and hold harmless BrainChain, its related companies and each of their respective officers, directors, employees, owners and agents from and against any third party claim or demand, including reasonable attorney’s fees, arising out of your use of the BrainChain Services or web site, your violation of these Terms & Conditions or your infringement of any right of any person. You agree to be solely responsible for your compliance with any applicable law governing your use of the BrainChain services.
- By using the BrainChain services, you consent to receiving electronic communications from BrainChain. These communications will include notices about your account and information concerning the BrainChain services. You agree that any notice, agreements, disclosure or other communications that BrainChain sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. BrainChain agrees that any notice, agreements, disclosure or other communications that you send to BrainChain electronically will satisfy any legal communication requirements, including that such communications be in writing.
TIME LIMITATION ON CLAIMS
- You agree that any claim you may have arising out of or related to your relationship with BrainChain must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
GOVERNING LAW AND VENUE
- This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to, this Agreement shall be brought in any Federal or State court located in Maricopa County and the State of Arizona.
- No fiduciary relationship exists between and BrainChain and its users.
ASSIGNMENT OF THIS AGREEMENT
- BrainChain can assign this agreement in whole or in part in its sole discretion. Users cannot assign this agreement or obligations to anyone else without BrainChain’s prior consent.
- BrainChain reserve the right, in its sole discretion, to change these Terms and Conditions ("Updated Terms") from time to time. You agree that BrainChain may notify you of the Updated Terms by posting them on the Website, and that your use of the Website after the effective date of the Updated Terms constitutes your agreement to the Updated Terms.
THIS IS THE ENTIRE AGREEMENT
- This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous agreements, promises, representations, understandings, and negotiations, whether written or oral.
- No modification, amendment, supplement to or waiver of this Agreement or any of its provisions shall be binding upon the parties hereto unless made in writing and duly signed by both of the parties to this Agreement. A waiver by either party of any of the terms or conditions of this Agreement in any one instance shall not be deemed a waiver of such terms or conditions in the future.