Acceptance of These Terms
Your Use of the Brainly Services
Subject to your compliance with these Terms, Brainly grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Brainly Services and any products, services, information, or other materials available on or through the Brainly Services, subject to the limitations described in the remainder of this section and elsewhere in these Terms.
You understand that certain functions of this Brainly Services may only be available to Registered Users. Registered Users have the right to use the content published on the Brainly Services only within their own needs, for non-commercial purposes. Should the content be a subject to copyrights or any other intellectual property rights, the Registered User may use it within the allowed use, provided by the copyrights and related rights. Using the content in accordance with these terms is free of charge.
In order to ask the community of users for assistance with Your homework (asking a “Question”) via the Website, you must be a Registered User. Registered Users must create User Credentials and be validated as members of the Brainly Service. You may ask Question via the App without being a Registered User. Only Registered Users may provide a response to a Question (an “Answer”) or communicate with other Registered Users.
The rights granted to you in the paragraph above and elsewhere in these Terms are subject to the following limitations:
Brainly reserves the right to view, monitor, and record activity on the Brainly Services without notice or permission. We may monitor use to optimize the Brainly Services, understand what is of interest to visitors, and otherwise to enhance the operation of the Brainly Services, assure its availability, and prevent misuse of the Brainly Services. Any information obtained by monitoring, reviewing, or recording activity on the Brainly Services is subject to review by us or on our behalf as well as by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Brainly Services. Brainly will comply with all court orders involving requests for such information.
You are solely responsible for all text, images, audio, video, location data, and all other forms of data or communication that you submit or transmit to, through, or in connection with the Brainly Services, including and Questions or Answers (collectively, “Your Content”). Once you submit Your Content on the Brainly Services it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone else’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content by others who may access the Brainly Services.
You acknowledge that you may expose yourself to personal liability by posting on the Brainly Services. You take sole responsibility for ensuring that Your Content does not contain any material that is illegal, is false, intentionally misleading, or defamatory, or violates any third-party right (such as copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right).
YOU ACKNOWLEDGE THAT THE BRAINLY SERVICES IS INTENDED TO PROVIDE HOMEWORK ASSISTANCE TO STUDENTS OF ALL AGES AND EXPRESSLY AGREE TO COMPLY WITH THE COMMUNITY GUIDELINES. BRAINLY RESERVES THE RIGHT TO MODERATE THE BRAINLY SERVICES AND TO REMOVE, SCREEN, OR EDIT YOUR CONTENT FROM THE BRAINLY SERVICES AT OUR SOLE DISCRETION, AT ANY TIME, AND FOR ANY REASON OR FOR NO REASON, WITH NO NOTICE TO YOU.
Brainly’s Right to Use Your Content
By posting Your Content on the Brainly Services you irrevocably grant Brainly worldwide non-exclusive, irrevocable, assignable and transferable perpetual rights to use Your Content for any purpose whatsoever, including, for example, to create derivative works, use for advertising or marketing, or repurpose in another medium.
The materials used and displayed on the Brainly Services, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, and sound, and names, logos, trademarks and service marks, are the property of Brainly or its affiliates or licensors and are protected by copyright, trademark and other laws. Any and all such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material without the written consent of Brainly.
The terms Brainly and brainly.com, and other Brainly trademarks and services marks, as well as all associated logos, related names, product and service names, designs, and slogans are trademarks of Brainly or its affiliates or licensors. You may not use such marks without the prior written consent of Brainly. All other names, logos, product and service names, designs, and slogans on the Brainly Services are the trademarks of their respective owners.
If you believe the Brainly Services and/or any products, services, information, or other materials available on or through the Brainly Services infringe your copyright, you may request removal of those materials from this Brainly Services by contacting Brainly by mail at 79 Madison Avenue, Suite 404, New York, NY 10016, ATTN: DMCA Agent, and providing the following information:
Third-Party Content and Links
Some of the information or other materials available on or through the Brainly Services may have been prepared by third-parties not affiliated with Brainly, including other users. Brainly makes no warranties with regard to such information or other materials, nor does Brainly assume any responsibility or liability for any decisions based upon such information.
The Brainly Services may include links to websites and services not provided by Brainly. Your interaction with these websites and services will be subject to the terms (including privacy policies) established by such websites or services. Brainly is not responsible for, and does not endorse or warrant in any way, any materials, information, goods, or services available through or advertised on such websites or services, or the privacy or other practices of such websites or services.
Use of certain portions of the Brainly Services requires that you create and maintain a username and password (collectively “User Credentials”). You will be asked to create unique User Credentials that may only be used by you. You understand and acknowledge that anyone with knowledge of your User Credentials may gain access to any information, including your Personal Information, you have stored in the password-protected portion of the Brainly Services. You agree to keep your password secret, to notify us if your password is lost or compromised, and to be solely responsible for the confidentiality and use of your User Credentials.
Brainly reserves the right, in its sole discretion, to immediately modify, suspend or terminate the Brainly Services and/or any products, services, information, or other materials available on or through the Brainly Services, and/or your access to some or all of them without cause and without notice.
Disclaimer of Warranties
YOU UNDERSTAND AND EXPRESSLY AGREE THAT:
YOUR USE OF THE BRAINLY SERVICES AND/OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE BRAINLY SERVICES IS AT YOUR OWN RISK. THE BRAINLY SERVICES AND ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE BRAINLY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BRAINLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS AND, WITHOUT LIMITATION, DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS IMPLIED BY LAW, CONVENTION, COURSE OF DEALING OR OTHERWISE (INCLUDING ANY WARRANTY OF MERCHANTABILITY) TO THE FULLEST EXTENT PERMITTED BY LAW. BRAINLY MAKES NO WARRANTY THAT THE BRAINLY SERVICES AND/OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE BRAINLY SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE BRAINLY SERVICES WILL OPERATE UNINTERRUPTED OR IN A TIMELY, SECURE, OR ERROR-FREE MANNER, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ACCESSIBLE FROM OR PROVIDED IN CONNECTION WITH THE BRAINLY SERVICES.
Limitation of Liability
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the above limitations and exclusions may not apply to you. In such states or jurisdictions, Brainly’s liability is limited to the extent permitted by law, thereby minimizing Brainly’s liability to you to the lowest amount permitted by applicable law.
You agree to indemnify and hold each of Brainly, its subsidiaries, affiliates, officers, directors, and employees, and any third parties providing content included in the Brainly Services, harmless from any claim or demand (including, but not limited to, reasonable legal fees) made by any third party due to or arising out of your use of the Brainly Services.
Brainly expressly reserves the right to transfer its rights and obligations under these Terms, in part or as a whole, to another legal entity as part of any sale or merger of all or part of Brainly, Inc. with a separate legal entity.
These Terms will be governed by and construed in accordance with the laws of the State of New York, excluding provisions of that would result in choice of the law of another jurisdiction to govern these Terms. Any action to enforce these Terms will be brought in the federal or state courts in and for the State of New York, and all parties to these Terms expressly agree to be subject to the jurisdiction and venue of such courts.
Waiver and Severability
No waiver by Brainly of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Brainly to assert a right or provision under these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
These Terms are the complete and exclusive statement of the agreement between you and Brainly concerning the Brainly Services and/or any products, services, information, or other materials available on or through the Brainly Services. These Terms replace and supersede any prior or contemporaneous oral or written agreement and any other communications between you and Brainly.
If you have questions about these Terms, you may contact us by email at firstname.lastname@example.org. Please note that communications made to email@example.com will not constitute legal notice to Brainly, its officers, employees, agents, or representatives.
Changes to These Terms
Brainly regularly reviews these Terms and may revise or update them at our sole discretion. Changes to these Terms become effective immediately upon their posting on the Brainly Services and your continued use of the Brainly Services following the posting of revised Terms represents that you have read, understood, and agreed to the changes. The most recent version of this Policy will be maintained on the Brainly Services.
These Terms are current as of April 1, 2015.