Service providerBrain Flavor services are provided by, and you’re contracting with:Brain Flavor Incorganized under the laws of the State of Delaware, USA, and operating under the laws of the USA
Office HeadquartersNorth Tustin California 92705, USA
Age requirementsBrain Flavor age requirement: 18 years of age or older.If you’re under the age required to manage a Brain Flavor account, you must have your parent or legal guardian’s permission to use a Brain Flavor Account. Please have your parent or legal guardian read these terms with you.If you’re a parent or legal guardian, and you allow your child to use the services, then these terms apply to you and you’re responsible for your child’s activity on the services.
Your relationship with Brain FlavorThese terms help define the relationship between you and Brain Flavor. Broadly speaking, we give you permission to use our services if you agree to follow these terms, which reflect how Brain Flavor business works and how we earn money. When we speak of “Brain Flavor,” “we,” “us,” and “our,” we mean Brain Flavor Inc and its affiliates. ServicesThe Brain Flavor services that are subject to these terms are the products and services listed at www.brainflavor.com/services, including:• apps and sites • platforms • integrated services • hosting packagesMany of these services also include content that you can stream or interact with.
Develop, improve, and update Brain Flavor services.
We’re constantly developing new technologies and features to improve our services. For example, we use artificial intelligence and machine learning to provide you with simultaneous translations, and better search experience. As part of this continual improvement, we sometimes add or remove features and functionalities, increase or decrease limits to our services, and start offering new services or stop offering old ones. When a service requires or includes downloadable software, that software sometimes updates automatically on your device once a new version or feature is available. Some services let you adjust your automatic update settings.If we make material changes that negatively impact your use of our services or if we stop offering a service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.
Intellectual property rights (IP rights)Rights over the creations of a person’s mind, such as inventions (patent rights); literary and artistic works (copyright); designs (design rights); and symbols, names, and images used in commerce (trademarks). IP rights may belong to you, another individual, or an organization.
Respect othersWe want to maintain a respectful environment for everyone, which means you must follow these basic rules of conduct:• comply with applicable laws, including export control, sanctions, and human trafficking laws• respect the rights of others, including privacy and intellectual property rights• don’t abuse or harm others or yourself (or threaten or encourage such abuse or harm) — for example, by misleading, defrauding, illegally impersonating, defaming, bullying, harassing, or stalking others• don’t abuse, harm, interfere with, or disrupt the services — for example, by accessing or using them in fraudulent or deceptive ways, introducing malware, or spamming, hacking, or bypassing our systems or protective measures. When we index the content and websites to bring you search results, we respect standard usage restrictions that website owners specify in their websites’ code, so we require the same when others use our servicesOur service-specific additional terms and policies provide additional details about appropriate conduct that everyone using those services must follow. If you find that others aren’t following these rules, many of our services allow you to report abuse.
Permission to use your contentSome of our services are designed to let you upload, submit, store, send, receive, or share your content such as text, files, documents, pictures, videos, websites, reviews, and online resources. You have no obligation to provide any content to our services and you’re free to choose the content that you want to provide. If you choose to upload or share content, please make sure you have the necessary rights to do so and that the content is lawful.
LicenseYour content remains yours, which means that you retain any intellectual property rights that you have in your content. For example, you have intellectual property rights in the creative content you make, such as reviews you write. Or you may have the right to share someone else’s creative content if they’ve given you their permission.We need your permission if your intellectual property rights restrict our use of your content. You provide Brain Flavor with that permission through this license.
What’s coveredThis license covers your content if that content is protected by intellectual property rights.
What’s not covered• This license doesn’t affect your privacy rights — it’s only about your intellectual property rights• This license doesn’t cover these types of content:• publicly-available factual information that you provide, such as corrections to the address of a local business. That information doesn’t require a license because it’s considered common knowledge that everyone’s free to use.• feedback that you offer, such as suggestions to improve our services.
ScopeThis license is:• worldwide, which means it’s valid anywhere in the world• non-exclusive, which means you can license your content to others• royalty-free, which means there are no monetary fees for this license
RightsThis license allows Brain Flavor to:• host, reproduce, distribute, communicate, and use your content — for example, to save your content on our systems and make it accessible from anywhere you go• publish, publicly perform, or publicly display your content, if you’ve made it visible to others• modify and create derivative works based on your content, such as reformatting or translating it• sublicense these rights to:• other users to allow the services to work as designed, such as enabling you to share photos with people you choose• our contractors who’ve signed agreements with us that are consistent with these terms, only for the limited purposes described in the Purpose section below
PurposeThis license is for the limited purpose of:• operating and improving the services, which means allowing the services to work as designed and creating new features and functionalities. This includes using automated systems and algorithms to analyze your content:• for spam, malware, and illegal content• to recognize patterns in data, such as determining when to suggest a new share in Brain Flavor libraries to keep related topics together• to customize our services for you, such as providing recommendations and personalized search results, content, and This analysis occurs as the content is sent, received, and when it is stored.• using content you’ve shared publicly to promote the services. For example, to promote a Brain Flavor service, we might quote a review you wrote. Or to promote Brain Flavor libraries, we might show a screenshot of the data you offer in your Brain Flavor library.• developing new technologies and services for Brain Flavor consistent with these terms
DurationThis license lasts for as long as your content is protected by intellectual property rights.If you remove from our services any content that’s covered by this license, then our systems will stop making that content publicly available in a reasonable amount of time. There are two exceptions:• If you already shared your content with others before removing it. For example, if you shared a photo with a friend who then made a copy of it, or shared it again, then that photo may continue to appear in your friend’s Brain Flavor Account even after you remove it from your Brain Flavor Account.• If you make your content available through other companies’ services, it’s possible that search engines, will continue to find and display your content as part of their search results.
Using Brain Flavor servicesYour Brain Flavor AccountIf you meet the age requirements, you can create a Brain Flavor account for your convenience. Some services require that you have a Brain Flavor Account in order to work.You’re responsible for what you do with your Brain Flavor Account, including taking reasonable steps to keep your Brain Flavor Account secure.
Using Brain Flavor services on behalf of an organization or businessMany organizations, such as businesses, non-profits, and schools, take advantage of our services. To use our services on behalf of an organization:• an authorized representative of that organization must agree to these terms• your organization’s administrator may assign a Brain Flavor Account to you. That administrator might require you to follow additional rules and may be able to access or disable your Brain Flavor Account.
Content in Brain Flavor servicesYour contentSome of our services give you the opportunity to make your content publicly available — for example, you might create and share a brain flavor library.• See the Permission to use your content section for more about your rights in your content, and how your content is used in our services• See the Removing your content section to learn why and how we might remove user-generated content from our servicesIf you think someone is infringing your intellectual property rights, you can send us notice of the infringement and we’ll take appropriate action. For example, we suspend or close the Brain Flavor Accounts of repeat copyright infringers.
Brain Flavor contentSome of our services include content that belongs to Brain Flavor — for example, many of the Brain Flavor shared libraries you see in public brain flavor libraries. You may use Brain Flavor’s content as allowed by these terms and any service-specific additional terms, but we retain any intellectual property rights that we have in our content. Don’t remove, obscure, or alter any of our branding, logos, or legal notices.
Other contentFinally, some of our services give you access to content that belongs to other people or organizations — for example, content shared to your by your organization’s administrator. You may not use this content without that person or organization’s permission, or as otherwise allowed by law. The views expressed in other people or organizations’ content are theirs, and don’t necessarily reflect Brain Flavor’s views.
Software in Brain Flavors servicesSome of our services include downloadable software. We give you permission to use that software as part of the services.The license we give you is:• worldwide, which means it’s valid anywhere in the world• non-exclusive, which means that we can license the software to others• royalty-free, which means there are no monetary fees for this license• personal, which means it doesn’t extend to anyone else• non-assignable, which means you’re not allowed to assign the license to anyone elseSome of our services include software that’s offered under open source license terms that we make available to you. Sometimes there are provisions in the open source license that explicitly override parts of these terms, so please be sure to read those licenses.You may not copy, modify, distribute, sell, or lease any part of our services or software.
In case of problems or disagreementsWarranty disclaimerWe built our reputation on providing useful, reliable services, and we’re continuously improving our services to meet your needs. However, for legal purposes, we offer our services without warranties unless explicitly stated in our service-specific additional terms. The law requires that we explain this using specific legal language and that we use capital letters to help make sure you see it, as follows:
TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE PROVIDE OUR SERVICES “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT THE CONTENT OR FEATURES OF THE SERVICES, INCLUDING THEIR ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.
LiabilitiesFor all usersBoth the law and these terms try to strike a balance as to what you or Brain Flavor can claim from the other in case of problems. That’s why the law allows us to limit certain liabilities — but not others — under these terms.These terms only limit our responsibilities as allowed by applicable law. These terms don’t limit liability for gross negligence or willful misconduct.To the extent allowed by applicable law:• Brain Flavor is liable only for its breaches of these terms or applicable service-specific additional terms• Brain Flavor isn’t liable for:• loss of profits, revenues, business opportunities, goodwill, or anticipated savings• indirect or consequential losses• punitive damages• Brain Flavor’s total liability arising out of or relating to these terms is limited to the greater of (1) $200 or (2) the fees paid to use the relevant services in the 12 months before the dispute.
For business users and organizations onlyIf you’re a business user or organization:• To the extent allowed by applicable law, you’ll indemnify Brain Flavor and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these terms or service-specific additional terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.• If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms. For example, the United Nations enjoys certain immunities from legal obligations and these terms don’t override those immunities.Taking action in case of problemsBefore taking action as described below, we’ll provide you with advance notice when reasonably possible, describe the reason for our action, and give you an opportunity to fix the problem, unless doing so would:• cause harm or liability to a user, third party, or Brain Flavor• violate the law or a legal enforcement authority’s order• compromise an investigation• compromise the operation, integrity, or security of our services
Removing your contentIf any of your content (1) breaches these terms, service-specific additional terms or policies, (2) violates applicable law, or (3) could harm our users, third parties, or Brain Flavor, then we reserve the right to take down some or all of that content in accordance with applicable law. Examples include child pornography, content that facilitates human trafficking or harassment, terrorist content, and content that infringes someone else’s intellectual property rights.
Suspending or terminating your access to Brain Flavor servicesBrain Flavor reserves the right to suspend or terminate your access to the services or delete your Brain Flavor Account for any reasons, or if any of these things happen:• you materially or repeatedly breach these terms, service-specific additional terms or policies• we’re required to do so to comply with a legal requirement or a court order• your conduct causes harm or liability to a user, third party, or Brain Flavor — for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that doesn’t belong to youOf course, you’re always free to stop using our services at any time.
Settling disputes, governing law, and courtsFor information about how to contact Brain Flavor, please visit our contact page.Delaware law will govern all disputes arising out of or relating to these terms, service-specific additional terms, or any related services, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Kent County, Delaware, USA, and you and Brain Flavor consent to personal jurisdiction in those courts.
About these termsBy law, you have certain rights that can’t be limited by a contract like these terms of service. These terms are in no way intended to restrict those rights.
These terms describe the relationship between you and Brain Flavor. They don’t create any legal rights for other people or organizations, even if others benefit from that relationship under these terms.
We want to make these terms easy to understand, so we’ve used examples from our services. But not all services mentioned may be available in your country.
If these terms conflict with the service-specific additional terms, the additional terms will govern for that service.
If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.
We reserve the right to change the terms of service as our discretion. You will get a notification the next time you use our platform if the terms of service has been changed.
If you don’t follow these terms or the service-specific additional terms, and we don’t take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.
We may update these terms and service-specific additional terms (1) to reflect changes in our services or how we do business — for example, when we add new services, features, technologies, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.
Any “free” or “unlimited” service will be provided on a day-to-day basis. Brain Flavor reserves the rights to discontinue free and unlimited service at the company’s discretion with or without notice.
If we materially change these terms or service-specific additional terms, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new service or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove your content and stop using the services. You can also end your relationship with us at any time by closing your Brain Flavor Account.