SITE TERMS OF SERVICE
At BrainPit.com we appreciate your readership and support and place a high value on your personal privacy. We respect the personal nature of the information you provide us on our web site and staunchly recognize the importance of protecting this information. In adopting these policies, our intent is to balance our legitimate business interests in collecting and using your personal information with your reasonable expectations of privacy. This Privacy Policy along with the Terms of Use, Conditions of Use and Disclosures may be revised or updated at any time and we encourage you to check back often to ensure that you are familiar with the most recent version and the terms on this website page. By visiting this site you acknowledge and accept the practices, terms and conditions described on this page as well as accept the responsibility for your own words and actions and agree that any and all disputes, including, without limitation, those disputes arising over privacy, between you and BrainPit.com, its parent company(ies), subsidiary(ies), affiliated companies, principals, owners, board members, employees, contributors, advertisers, sponsors, affiliates, partners, and any of their licensees, successors, and assignees, will be subject to terms and conditions of this Privacy Notice and the Terms & Conditions of Use policies, as applicable.

By visiting BrainPit.com post any changes to this Privacy Notice and/or the Conditions & Terms of Use, you accept the Privacy Notice and Terms & Conditions of Use, and this page as applicable, as modified.

When does BrainPit.com collect my personal information?
You may provide personal information to BrainPit.com in one of many ways: (1) by sharing your e-mail address when subscribing to our newsletter, (2) by sharing personal information when you submit news tips to our editorial team or by submitting a report via our Contact Form, (3) by sharing personal information when you post comments on our posts or stories, (4) by sharing contact information (Twitter username and Facebook account name) through various other means, (5) by signing up to be a member of our online social network, My.BrainPit.com.com, (6) by participating in our BrainPit.com events, or (7) by participating in a survey where an email address is requested. We may also ask for other information at other times but at no time will you be required to share any personal information to gain complete access to our site. BrainPit.com is an open community but email addresses are requested to participate in some of our member-only features.

In addition to basic contact information, our analytics trackers may also collect information that is in no way personally identifiable. This may include the operating system you are working on, the Internet browser you are using, and the screen resolution of your computer.

How does BrainPit.com use my personal information?
Depending on the portion of our site that you have subscribed to, we may use your information in a number of ways.

  • The email address you provided through our newsletter subscription form enables us to send you a daily digest of BrainPit.com news stories. This subscription is entirely opt-in by the user. (We cannot subscribe you to the newsletter as you personally must have access to the email account in order to verify the subscription.) Subscribers can opt-out of our newsletter at any time by clicking the “Unsubscribe” link that is present on every email at the very bottom of the newsletter.
  • The email address that you use when contacting us with an editorial tip or via our Contact Form will not be used for any reason but for the purposes of responding to your inquiry.
  • The email address associated with your account when you comment on our stories may be used in conjunction with contests and promotions hosted on BrainPit.com’s website to notify you if you have won. Email addresses provided in comments are not used for any other reason.
  • If you choose to comment on BrainPit.com stories through Twitter and/or Facebook Connect, we do not get access to your email address nor do we have any access to your personal data or private information.
  • We may ask for a Twitter or Facebook account to verify the legitimacy of accounts. We do not get any access to your personal data or private information.
  • You volunteer your email address and other identifying information on our social network, BrainPit.com.com. We use your email address only to inform you if there is activity on your profile. You can opt out of these messages at any time.
  • The BrainPit.com invites community is an email-based system that allows users to exchange invites to private beta websites. We do not do anything with this email address. Users logged into this system can access email addresses and distribute invitations to other users who are in need of invites.
  • We may at times request your participation in a survey. We will not provide your email addresses to any third party but may contact you via them to distribute prizes in associated giveaways.

To maintain a site that is free of charge, we display advertisements on our website. We also use information you give us through surveys to help our advertisers target the audience they want to reach and to provide you with potentially interesting advertisements. At no time does any party other than BrainPit.com have access to your personally identifiable information (with the exception of Google who maintains our RSS subscription-by-email service and our survey providers). The only exceptions to the foregoing are that we may disclose personally identifiable information (i) in response to legal process, for example, in response to a court order or subpoena, (ii) in response to a law enforcement agency’s request, or where we believe it is necessary to investigate, prevent, or take actions regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of another person, violations of our terms of use, or as otherwise required by law, or (iii) in the event we are acquired by or merged with another company.

When you sign up for our updates or receive e-mail messages from BrainPit.com, you will always be given the chance to opt-out of our communications. You may change your preferences at any time and will only be contacted in manners consistent with your stated preferences.

Non-personally identifiable information (such as stated above) may be shared in aggregate form with our advertisers or marketing partners but your personally identifiable information will never be disclosed to them.

Who else has access to my personal information?
The ads appearing on BrainPit.com’s website are delivered to you by various third party companies and other Web advertising serving partners. Information about your visit to this site, such as number of times you have viewed an ad is used to serve ads to you on this site. And, in the course of serving advertisements to this site, third party advertisers may place or recognize a unique cookie on your browser.

We may have also contracted with a number of advertising network partners to monitor certain pages of our website and RSS feeds for the purpose of reporting website and RSS traffic, statistics, advertisement “click-throughs,” and/or other activities on our website. Where authorized by us, these advertising network partners may use cookies, web beacons, and/or other monitoring technologies to compile anonymous statistics about our website visitors. No personally identifiable information is collected by or transferred to these network partners.

Third parties and web sites that have links on our site may also collect or use information about you. The information practices of other companies or people that BrainPit.com does not employ or manage are not covered by this Privacy Policy.

Is there anything else I should know about my privacy and BrainPit.com?
Any information you disclose voluntarily on our comments page or in any properties hosted by BrainPit.com becomes public information. BrainPit.com.com is a public forum. We cannot control the action of our site users and advise you to use your discretion in sharing information about yourself on the Internet. All information sharing is optional and done so at your own risk. Privacy is a very personal matter and we encourage you to be careful and responsible when disclosing personal information online.

BrainPit.com Comment Policy
We never censor comments based on political or ideological point of view or of a critical nature. We reserve the right to delete those comments that are off-topic, “spammy” in nature, abusive, use excessive foul language, or include ad hominem attacks.

Once a comment is made public on the BrainPit.com website, we will not remove it by request. As a user, you are responsible for your own communications and are responsible for the consequences of their posting.

Comments will only be considered for removal (i) in response to legal process, for example, in response to a court order, or (ii) in response to a law enforcement agency’s request, or where we believe it is necessary to investigate, prevent, or take actions regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of another person, violations of our terms of use, or as otherwise required by law.

BrainPit.com.com Profile Policy
BrainPit.com’s online social network is entirely opt-in by our members. The accounts listed in our database are created by members of the BrainPit.com network. Due to security considerations, BrainPit.com will not process account deletion requests made via email. To delete an account, the account holder must sign into the network using his/her email address or username in order to permanently delete his/her account. If the account holder no longer has access to the email account upon which the account was created, the account holder will not be able to delete the account.

BrainPit.com will have the right to delete any account at any time (i) in response to legal process, for example, in response to a court order, or (ii) in response to a law enforcement agency’s request, or where we believe it is necessary to investigate, prevent, or take actions regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of another person, violations of our terms of use, or as otherwise required by law.

Here is more on our privacy policy.

BrainPit.com Affiliate Marketing Policy
Some of the ad’s, reviews and other information may or may not be tied into or related to income that we are receiving from a company. We may get paid by a link or by a company for a product that we endorse or market for. We do conduct affiliate marketing operations.

Not Liable for Our Opinion
Everything posted on BrainPit.com is our non-professional opinion. We are not licensed financial professionals, health advisors nor doctors and do not hold ourselves out to the public as a professional entity. Do not take our advice on anything. This site is for informational purposes only and we are NOT held liable or responsible for anything on or off this site, nor your actions that you may feel compelled you to act upon. You utilize and/or visit this site at your own risk. Please conduct your own due diligence. We do NOT provide services to children or sell products for purchase by children. You should be 18 years of age or older and of sound mind to utilize this website in any form or fashion.

Usage of Pictures and Articles
We feel all pictures and articles that we use are for fair use and being used for reporting, commentary and/or satire purposes. As a non-professional entity, we are using the pictures, articles and other information for personal and/or informative reasons. We will give proper credit when able. All images on BrainPit.com are readily available in various places on the Internet and believed to be in the public domain. Images posted are believed to be posted within our rights according to the U.S. Copyright Fair Use Act (title 17, U.S. Code). If you believe that any content appearing on BrainPit.com infringes on your copyright, please les us know by contacting us on our contact page with your name, address, telephone number and email address. Please give us a description of the copyrighted work that you claim has been infringed, along with the url that it is shown on. A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent or the law. Your signature or one by a person authorized to act on your behalf must be present on the document(s).

ELECTRONIC COMMUNICATIONS
When you visit BrainPit.com (and/or it’s owner) or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. By using our site and contact us, you are giving your permission for us to use your content, name and information for our own use.

COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BrainPit.com (and/or it’s owner) or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of BrainPit.com (and/or it’s owner) and protected by U.S. and international copyright laws. All software used on this site is the property of BrainPit.com (and/or it’s owner) or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS
BrainPit.com (and/or it’s owner), and other website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of BrainPit.com (and/or it’s owner) or its affiliates in the U.S. and/or other countries. BrainPit.com (and/or it’s owner)’s trademarks and trade dress may not be used in connection with any product or service that is not BrainPit.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BrainPit.com (and/or it’s owner). All other trademarks not owned by BrainPit.com (and/or it’s owner) or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BrainPit.com (and/or it’s owner) or its affiliates.

LICENSE AND SITE ACCESS
BrainPit.com (and/or it’s owner) grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BrainPit.com (and/or it’s owner). This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BrainPit.com (and/or it’s owner). You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BrainPit.com (and/or it’s owner) and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing BrainPit.com (and/or it’s owner)’s name or trademarks without the express written consent of BrainPit.com (and/or it’s owner). Any unauthorized use terminates the permission or license granted by BrainPit.com (and/or it’s owner). You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BrainPit.com (and/or it’s owner) so long as the link does not portray BrainPit.com (and/or it’s owner), its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BrainPit.com (and/or it’s owner) logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. BrainPit.com (and/or it’s owner) does NOT sell products for children, but it does sell them to adults, who can purchase with a credit card. BrainPit.com (and/or it’s owner) and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BrainPit.com (and/or it’s owner) reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, including emails sent to official email addresses of BrainPit.com (and/or it’s owner), or it’s agents, employees, affiliates or assigns, and unless we indicate otherwise, you grant BrainPit.com (and/or it’s owner) and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BrainPit.com (and/or it’s owner) and its affiliates and sublicensees the right to use the name and email address that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BrainPit.com (and/or it’s owner) or its affiliates for all claims resulting from content you supply. BrainPit.com (and/or it’s owner) has the right but not the obligation to monitor and edit or remove any activity or content. BrainPit.com (and/or it’s owner) takes no responsibility and assumes no liability for any content posted by you or any third party.

CONTRIBUTIONS TO BrainPit.com (and/or it’s owner)
From time to time, if ever, BrainPit.com (and/or it’s owner) may expressly request submissions of ideas, concepts, stories or other potential content (“Contributions”) from you. Please carefully read any specific rules or other terms and conditions which appear on the website which govern those submissions. If no additional terms govern those submissions, then these Conditions of Use will apply in full to any Contributions you make.

By submitting your Contributions, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) BrainPit.com (and/or it’s owner) is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) BrainPit.com (and/or it’s owner) shall be entitled to use or disclose (or choose not to use or disclose such Contributions for any purpose, in any way, in any media worldwide; (d) BrainPit.com (and/or it’s owner) may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of BrainPit.com (and/or it’s owner) without any obligation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from BrainPit.com (and/or it’s owner) under any circumstances.

FORUMS AND COMMENT PAGE(s)
BrainPit.com (and/or it’s owner) may make certain forums available that allow registered users and visitors the opportunity to participate in moderated discussions and to post information on bulletin boards (collectively “Forums”). All participants in these Forums are solely responsible for the information and other content the post on and through these Forums and should be aware that when they voluntarily disclose personal information on or through these Forums, that such information is generally accessible to and may be collected and used by other participants and may result in unsolicited online and offline messages from such viewers. Participants in these Forums are encouraged to exercise discretion when providing personal information about themselves in and through Forums.

RISK OF LOSS
All items purchased from BrainPit.com (and/or it’s owner) are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS
BrainPit.com (and/or it’s owner) and its affiliates attempt to be as accurate as possible. However, BrainPit.com (and/or it’s owner) does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY BrainPit.com (and/or it’s owner) ON AN “AS IS” AND “AS AVAILABLE” BASIS. BrainPit.com (and/or it’s owner) MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BrainPit.com (and/or it’s owner) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BrainPit.com (and/or it’s owner) DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BrainPit.com (and/or it’s owner) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BrainPit.com (and/or it’s owner) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

NO ENDORSEMENTS
BrainPit.com (and/or it’s owner) does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the website, nor does BrainPit.com (and/or it’s owner) endorse any opinions expressed by participants in forums or users of the website. Visitors, users, and participants alike acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area are the views of the user posting the statement, and do not represent the views of BrainPit.com (and/or it’s owner).

EXTERNAL LINKS DISCLAIMER
BrainPit.com (and/or it’s owner) routinely contains links to external, third party websites. By providing links to other sites, BrainPit.com (and/or it’s owner) does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to BrainPit.com (and/or it’s owner).

BrainPit.com (and/or it’s owner) does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

Visitors to BrainPit.com (and/or it’s owner) assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.

STANDARD CONTEST RULES
The following are the official rules for all contests/sweepstakes/giveaways on BrainPit.com (and/or it’s owner), if any, unless otherwise noted.

NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.

All winners must be 18 years of age or older, unless otherwise stated and/or posted.

Winners of random email, Twitter, or other contests will be chosen at random from emails, tweets, or other requested responses received. Entrants must send entries using the correct contest entry email address, subject line, and/or any other specific entry information and mode requested in the contest announcement. BrainPit.com (and/or it’s owner) is not responsible for and will not consider incomplete or incorrect entries, or emails, tweets, or other modes of requested responses sent but not received by BrainPit.com (and/or it’s owner) for any reason, as potential contest winners. Winners of all contests will be contacted at the “sender” email address used to enter the contest, and the person receiving and replying to the winner announcement email or notification will be considered the winner. Only one entry per email address or twitter handle used to send the email, tweet, or other mode of requested response will be considered for contest entry, unless multiple entries are specifically allowed in the contest posting. Unless otherwise specified in an individual contest post, no person may enter any contest more than once using multiple email addresses or twitter handles.

By participating in any contest or sweepstakes offered on the website, you release BrainPit.com (and/or it’s owner), the sponsor of the contest/sweepstakes/giveaway and their subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, and all other associated with the development and execution of any contest or sweepstakes, from any and against any and all injury, loss, or damage caused or claimed to be caused by your participation in the contest or sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of the prize, and you agree that these entities are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the promotion and/or the awarding of any prize. You hereby agree to hold BrainPit.com (and/or it’s owner) and its affiliates, subsidiaries, licensees sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on BrainPit.com (and/or it’s owner), or any other use authorized under these Terms, of any photo or information submitted to the website by you;

Winners may not request substitutions of prize winnings. All winners are solely responsible for any and all taxes and/or fees, and all such additional costs that may be incurred. If the specified prize becomes unavailable due to unforeseen circumstances, BrainPit.com (and/or it’s owner) may substitute a prize of like or equal value. BrainPit.com (and/or it’s owner) reserves the right to alter any rules of any contest at anytime.

BrainPit.com (and/or it’s owner) may launch contests requiring entrants to send in photo, text or other content for display on the website which will be judged entirely at the sole discretion of BrainPit.com (and/or it’s owner). By submitting any photo or information to BrainPit.com (and/or it’s owner), you hereby grant to BrainPit.com (and/or it’s owner) and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted photo or other information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition, the rights granted to BrainPit.com (and/or it’s owner) includes but is not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted photo.

By submitting any photo or information to BrainPit.com (and/or it’s owner), you hereby represent and warrant that the submitted photo or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant any and all rights and licenses granted to BrainPit.com (and/or it’s owner) herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances. You acknowledge and agree that BrainPit.com (and/or it’s owner) shall have no obligation to post, display or otherwise make publicly available any photo or information submitted by you, and may, in its sole and unfettered discretion, remove, edit, modify or delete any photo or information that you submit to the website.

You understand and intend that any photo or information submitted by you to BrainPit.com (and/or it’s owner) may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any photo or information you submit to the website. By submitting any photo or information to BrainPit.com (and/or it’s owner), you hereby waive any privacy expectations that you may have with respect to any such photo or information submitted by you to the website. Photos or information submitted by you to the website shall be the property of BrainPit.com (and/or it’s owner), and BrainPit.com (and/or it’s owner) shall have no obligation to preserve, return or otherwise make available to you or others any photos or information so submitted.

APPLICABLE LAW
By visiting BrainPit.com (and/or it’s owner), you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BrainPit.com (and/or it’s owner) or its affiliates.

DISPUTES
Any dispute relating in any way to your visit to BrainPit.com (and/or it’s owner) or to products you purchase through BrainPit.com (and/or it’s owner) shall be submitted to confidential arbitration in Orlando, Florida, except that, to the extent you have in any manner violated or threatened to violate BrainPit.com (and/or it’s owner)’s intellectual property rights, BrainPit.com (and/or it’s owner) may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review all of our policies. These policies also govern your visit to BrainPit.com (and/or it’s owner). We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. Your continued use of the site will be deemed as irrevocable acceptable of any revisions. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

DMCA COPYRIGHT POLICY
BrainPit.com (“Company”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The contact link for the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

Procedure for Reporting Copyright Infringement:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, e-mail address;
A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and

A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

It is Company’s policy:
to remove or disable access to the infringing material;
to notify the content provider, member or user that it has removed or disabled access to the material; and
that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the service.
Procedure to Supply a Counter-Notice to the Designated Agent:

If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

A physical or electronic signature of the content provider, member or user;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material 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 material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.

Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company by contacting us on our contact page.

By using our site, you are agreeing with and to this privacy policy and to our terms of service as well.

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