Legal

Website

The website https://brainsfeed.com/ (« The Website ») is published by Brainsfeed Limited  (hereinafter « The Publisher »), whose headquarters ,2/F Emperor Group Centre, 288 Hennessy Road, Wan Chai, Hong Kong, Wan Chai and distributed by Brainsfeed limited (hereinafter « The Distributed »), whose headquarters are located Room 903, 9/F, Dannies House, 20 Luard Road, Wan Chai, Hong Kong
Email: contact@brainsfeed.com
HK Company registration number: 2402961

Hosting

The Website https://brainsfeed.com/ hosted by Amazon Web Services, Inc. HOST whose registered office is in Seattle, Washington, the United States whose server is located in Ireland.

Intellectual property

All trademarks, photographs, texts, comments, illustrations, animated or still images, movies, sounds, and all computer applications that could be used to operate The Website and more generally all the elements reproduced or used on The Website are protected by the laws in force in respect of intellectual property.

They are the full property of The Publisher or its partners unless otherwise specified. Any reproduction, representation, use or adaptation, in any form whatsoever, all or part of these elements, including computer applications, without the prior written consent of the editor, is strictly prohibited. The fact that The Publisher does not initiate proceedings upon becoming aware of such unauthorized use does not constitute acceptance of the said uses and waiver of prosecution.


Website Privacy Policy

Brainsfeed is committed to protecting and respecting your privacy.

This policy (together with our Terms of Use and any other documents referred to in it) sets out the

basis on which any personal data we collect from you, or that you provide to us, will be processed

by us. Please read the following carefully to understand our views and practices regarding your

personal data and how we will treat it.

1 Information collection

1.1 In order to provide a better service to you, we may collect and process the following data

about you:

(a) information that you provide by filling in forms on our

site brainsfeed.com ("our site"). This includes information provided at the

time of registering to use our site, subscribing to our service, posting material

or requesting further services. We may also ask you for information at other

times, for example in connection with a promotion or when you report a

problem with our site;

(b) if you contact us, we may keep a record of that correspondence;

(c) we may also ask you to complete surveys that we use for research purposes,

although you do not have to respond to them;

(d) details of transactions you carry out through our site and of the fulfilment of

your orders;

(e) details of your visits to our site and the resources that you access.

(f) We collect the feedbacks that you share on brainsfeed.com. We also collect

information about projects submitted on our website in order to be reviewed

and receiving feedbacks

1.2 We only retain personal data for so long as it is necessary. Data may be archived as

long as the purpose for which the data was used still exists.

2 Uses made of the information

2.1 The purposes for which information may be used by us in and outside the Hong Kong

Special Administrative Region includes:

(a) ensuring that content from our site is presented in the most effective manner

for you and for your computer;

(b) providing you with alerts, newsletter, education materials or information that

you requested or signed up to;

(c) carrying out our obligations arising from any contracts entered into between

you and us;

(d) allowing you to participate in interactive features of our service, when you

choose to do so;

(e) designing and conducting surveys/questionnaires for client

profiling/segmentation, statistical analysis, improving and furthering the

provision of our products and services;

(f) complying with laws and regulations applicable to us or any of our affiliates in

or outside the Hong Kong Special Administrative Region;

(g) legal proceedings, including collecting overdue amounts and seeking

professional advices;

(h) researching, designing and launching services or products including

seminars/events/forums;

(i) promoting and marketing services and products subject to your exercise of

the opt-out right (please see further details in Clause 2.2 below); or

(j) purposes directly related or incidental to the above.

2.2 We intend to use your data in direct marketing and we require your consent (which

includes an indication of no objection) for that purpose. In this connection, please note

that:

(a) your name, contact details (including address, contact number, email

address), products and services information, transaction pattern and

behaviour, background and demographic data held by us from time to time

may be used by us in direct marketing;

(b) the following classes of services, products and subjects may be marketed in

direct marketing:

(i) services and products related to our site and/or our affiliates

(including marketing affiliates programs we are a part of);

(ii) reward, loyalty or privileges programmes, promotional offers and

related services; and

(iii) invitations to events such as seminars/webinars/tele-seminars,

conferences, live programs or events.

(c) We may conduct direct marketing via fax, email, direct mail, telephone and

other means of communication or send e-newsletters to you. You may

choose not to receive promotional materials, by simply telling us (see below

for contact details), and we will cease to do so, without charge.

3 Disclosure of your information

We will keep the personal data we hold confidential but may provide information to:

(a) personnel, agents, advisers, auditors, contractors, financial institutions, and

service providers in connection with our operations or services;

(b) our overseas offices, affiliates, business partners and counterparts (if any);

(c) persons under a duty of confidentiality to us;

(d) persons to whom we are required to make disclosure under applicable laws

and regulations in or outside the Hong Kong Special Administrative Region; or

(e) actual or proposed transferees or participants of our services in or outside the

Hong Kong Special Administrative Region.

4 Cookies

4.1 Our website uses cookies to distinguish you from other users of our website. This helps

us to provide you with a good experience when you browse our website and also allows

us to improve our site. By continuing to browse the site, you are agreeing to our use of

cookies.

4.2 A cookie is a small file of letters and numbers that we store on your browser or the hard

drive of your computer if you agree. Cookies contain information that is transferred to

your computer's hard drive.

4.3 We use the following cookies:

(a) Strictly necessary cookies. These are cookies that are required for the

operation of our website. They include, for example, cookies that enable you

to log into secure areas of our website, use a shopping cart or make use of ebilling

services.

(b) Analytical/performance cookies. They allow us to recognise and count the

number of visitors and to see how visitors move around our website when

they are using it. This helps us to improve the way our website works, for

example, by ensuring that users are finding what they are looking for easily.

(c) Functionality cookies. These are used to recognise you when you return to

our website. This enables us to personalise our content for you, greet you by

name and remember your preferences (for example, your choice of language

or region).

(d) Targeting cookies. These cookies record your visit to our website, the pages

you have visited and the links you have followed. We will use this information

to make our website and the advertising displayed on it more relevant to your

interests. We may also share this information with third parties for this

purpose.

4.4 Please note that third parties (including, for example, advertising networks and providers

of external services like web traffic analysis services) may also use cookies, over which

we have no control. These cookies are likely to be analytical/performance cookies or

targeting cookies.

4.5 We may use the following third party web analytic services on the website. The service

providers that administer these services use technologies such as cookies, web server

logs and web beacons to help us analyse how visitors use the website. The information

collected through these means (including IP address) is disclosed to these service

providers, who use the information to evaluate use of the website. These analytic

services may use the data collected to contextualise and personalise the marketing

materials of their own advertising network.

Google Analytics

4.6 Google Analytics is a web analysis service provided by Google Inc. ("Google"). Google's

ability to use and share information collected by Google Analytics is in accordance with

their policies: http://www.google.com/policies/privacy/partners/

4.7 You can prevent Google's collection and processing of data by using the Google Ads

Settings page or downloading and installing their browser plug-in

(https://tools.google.com/dlpage/gaoptout).

4.8 You block cookies by activating the setting on your browser that allows you to refuse the

setting of all or some cookies. However, if you use your browser settings to block all

cookies (including essential cookies) you may not be able to access all or parts of our

site.

5 Security

5.1 All information you provide to us is stored on our secure servers. Any payment

transactions will be encrypted using SSL technology. Where we have given you (or

where you have chosen) a password which enables you to access certain parts of our

site, you are responsible for keeping this password confidential. We ask you not to share

a password with anyone.

5.2 Unfortunately, the transmission of information via the internet is not completely secure.

Although we will do our best to protect your personal data, we cannot guarantee the

security of your data transmitted to our site; any transmission is at your own risk. Once

we have received your information, we will use strict procedures and security features to

try to prevent unauthorised access.

6 Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page

and, where appropriate, we will update you on the changes of our privacy policy by

email.

7 Data transfers

We may hold your data on servers in Hong-Kong and any other territories as we see fit

from time to time. We may also transfer your data to our overseas offices or to any

people listed at Clause 3 above, who may be located in or outside of the Hong Kong

Special Administrative Region.

8 Your consent and rights

8.1 By using our service, making an application or visiting our website, you consent to the

collection and use of your information and other activities as outlined in this policy.

8.2 Under the Hong Kong Personal Data (Privacy) Ordinance (the "Ordinance"), individuals

have the right:

(a) to check whether we hold personal data about you and to access such data;

(b) to require us to correct as soon as reasonably practicable any data relating to

you that is inaccurate;

(c) to ascertain our policies and practices in relation to personal data and the

kind of personal data held by us; and

(d) to object to the use of your personal data for marketing purposes and we

shall not use your personal data for marketing purposes after you

communicate your objection to us.

8.3 You may exercise your opt-out right by notifying us if you wish to object to the use of

your personal data for direct marketing purposes. Please send requests for such

objections, access to data, correction of data, information regarding policies and

practices and kinds of data held, questions or complaints to:

Brainsfeed Limited

903 Dannies HSE, 20 luard RD,

 


Terms of Use & Conditions

 

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the brainsfeed.com web site located at www.brainsfeed.com, and all associated sites linked to www.brainsfeed.com by brainsfeed.com. The Site is the property of brainsfeed.com. (“brainsfeed.com”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

brainsfeed.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, brainsfeed.com grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to brainsfeed.com, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without brainsfeed.com’s express prior written consent.

You may use information on brainsfeed.com products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by brainsfeed.com for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. brainsfeed.com reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any brainsfeed.com server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of brainsfeed.com, including any brainsfeed.com account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Apple’s systems or networks, or any systems or networks connected to the Site or to brainsfeed.com.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to brainsfeed.com on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of brainsfeed.com or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

brainsfeed.com’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

brainsfeed.com may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and brainsfeed.com makes no commitment to update the materials on the Site with respect to such products and services.

Links to Other Sites

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Certain links to Linked Sites will be created by users of brainsfeed.com. Linked Sites are not under brainsfeed.com’s control, and brainsfeed.com is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

BRAINSFEED DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BRAINSFEED CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BRAINSFEED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRAINSFEED DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY BRAINSFEED SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BRAINSFEED FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

brainsfeed.com reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will brainsfeed.com be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if brainsfeed.com has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, brainsfeed.com is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, brainsfeed.com’s liability shall in no event exceed the greater of the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against brainsfeed.com (but not including the purchase price for any brainsfeed.com software products).

Violation of These Terms of Use

brainsfeed.com may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) brainsfeed.com’s rights or property, or the rights or property of visitors to or users of the Site, including brainsfeed.com’s customers. brainsfeed.com reserves the right at all times to disclose any information that brainsfeed.com deems necessary to comply with any applicable law, regulation, legal process or governmental request. brainsfeed.com also may disclose your information when brainsfeed.com determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that brainsfeed.com may preserve any transmittal or communication by you with brainsfeed.com through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Brainsfeed.com determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of brainsfeed.com, its employees, users of or visitors to the Site, and the public.

You agree that brainsfeed.com may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to brainsfeed.com, for which monetary damages would be inadequate, and you consent to brainsfeed.com obtaining any injunctive or equitable relief that brainsfeed.com deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies brainsfeed.com may have at law or in equity.

You agree that brainsfeed.com may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If brainsfeed.com does take any legal action against you as a result of your violation of these Terms of Use, brainsfeed.com will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to brainsfeed.com. You agree that brainsfeed.com will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of France without regard to its conflicts of laws provisions. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between brainsfeed.com and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation France export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and brainsfeed.com with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and brainsfeed.com with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with brainsfeed.com, brainsfeed.com will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. brainsfeed.com’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by brainsfeed.com of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between brainsfeed.com and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Brainsfeed.com shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.

Terms of Service

Last updated: February 20, 2019

Thank you for using Brainsfeed.

Brainsfeed is a research service company operated by Brainsfeed Limited. (“Brainsfeed", “we”, “us” and/or “our”). Our services, and information about our company, are accessed by our users (“you”, “your”) through our website www.brainsfeed.com (the “Site” or the “Application”, and together with the related services, the “Services”).

These Terms of Service (“Terms”) govern your access to and use of the Services, so please read them carefully before using the Services. Your access and use of the Services constitutes your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. As our business grows and we add new functionality to the Services, we may revise these Terms periodically. If we do, we will post the changes here and will indicate at the top of this page the date these Terms were last revised. Your continued use of the Services after any changes are posted constitutes your acceptance of the new Terms.

The Services

Your Use of Services:

In order to access or use the Services, you may be required to provide current, accurate, identification, contact and other information. You are responsible for maintaining the accuracy and completeness of this information and also for maintaining the confidentiality of your username and password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your username or password, so please notify Brainsfeed immediately of any unauthorized use of your account or any other breach of security.

You may use the Services only if you can form a binding contract with Brainsfeed and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services may include advertisements, which may be targeted to the information on the Services, queries made through the Services, patterns and behavior, or other information. The types and extent of advertising by Brainsfeed on the Services are subject to change. In consideration for Brainsfeed granting you access to and use of the Services, you agree that Brainsfeed and its third party providers and partners may place such advertising on the Services.

Modifications to Services and Data:

The Services may change over time as we add more features. We may modify, suspend or discontinue, temporarily or permanently, the Services (or a part of the Services) from time to time without prior notice to you. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. Please backup your data as Brainsfeed has no responsibility for the deletion or failure to store any data or other content maintained or transmitted by the Services. Brainsfeed reserves the right to terminate accounts that are inactive for an extended period of time.

Age:

You must be 13 years of age to use the Services, with or without registering.

Conditions of Use

You acknowledge and agree that we may use data capture, analysis and other similar tools to track, extract, compile, aggregate and analyze any data or information resulting from use of the Services. If you object to any of the foregoing, your sole recourse is to stop using the Services.

You agree to not use the Services to post or transmit any content that is unlawful, threatening, contains software viruses or in a way that, in the sole judgment of Brainsfeed, restricts or inhibits any other person from using or enjoying the Services, or which may expose Brainsfeed or its users to any harm or liability of any type. You also agree to provide accurate, up-to-date information.

Intellectual Property Rights

Service Content, Software and Trademarks:

The Services contain content (“Services Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Brainsfeed or these Terms, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part. You are not permitted to use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Services or the Services Content other than as authorized by these Terms is strictly prohibited and will terminate the license granted here. The technology and software underlying the Services is the property of Brainsfeed, our affiliates and our partners (the “Software”). You agree not to reverse engineer, reverse assemble or otherwise attempt to discover any source code version of the Software. We reserve all right, title and interest in and to the Software and Services Content, except for the limited rights expressly granted in these Terms.

The Brainsfeed and brainsfeed limited names and logos are trademarks and service marks of Brainsfeed (collectively the “Brainsfeed Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Brainsfeed. You may not use any of Brainsfeed Trademarks without our prior written permission.

If you are eligible to use the Services, you are granted a limited license to access and use the Services and the Services Content, provided that you keep all copyright or other proprietary notices intact. Provided you comply with the provisions of these Terms, you do not need pre-approval to quote Services Content, provided, however, that the following disclaimer must be included in any quote, excerpt, graphic or copy of the Services Content, in a format that is prominent, legible and can be readily viewed by the reader thereof:

All statements herein attributable to Brainsfeed (Brainsfeed.com) (“Brainsfeed”) represent a user’s interpretation of data, research or viewpoints published as part of a paid service by Brainsfeed, and have not been reviewed by Brainsfeed. Each Brainsfeed publication speaks as of its original publication date (and not as of the date of this February, 20 2019).

Quotes, excerpts, graphics and copies must be attributed to research published on the Site, with a hyperlink to the source of such quote, excerpt, graphic or copy on the Site. Quotes found in media or third-party sources are not allowed. All excerpts must be lifted verbatim, in their entirety, without paraphrasing, and appear accurately with all relevant context. Brainsfeed research may not be used to endorse a vendor, product or service, or to criticize a vendor's competitor. Only quote from published research that is less than 12 months old. Quotes, excerpts, graphics and copies may contain no more than the greater of one paragraph of Services Content or 150 words.

While "Brainsfeed" may appear in the title/sub-title of your press release, newsletter or email subject line, you may not use these phrases in your title or subject line: "Brainsfeed Says" or "According to Brainsfeed" or any text that implies Brainsfeed is providing an endorsement.

User Content Posted through the Services:

You are solely responsible for the content and other materials you upload, publish, post or otherwise transmit on or through the Services, including text notes, photos, labels, and page tags (collectively, “User Content”). You may not post any content that you did not create or that you do not own. By posting User Content you hereby grant and will grant Brainsfeed and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, distribute, store, modify and otherwise use your User Content in connection with the operation, advertising or marketing of the Service, in any form now known or later developed.

We always welcome your comments, questions, suggestions and feedback about the Site or the Services (“Submissions”). But be aware that any comments or suggestions you make to Brainsfeed are non-confidential and become the property of Brainsfeed, which will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Third Party Material:

Brainsfeed will not be liable for any content posted by third parties or at the direction of users; you must evaluate the accuracy and usefulness of this content. Brainsfeed does not pre-screen third-party content, but Brainsfeed and its designees will have the right (but not the obligation) to refuse or remove any content that is available via the Services, including the right to remove any content that violates the Terms or is deemed by Brainsfeed to be objectionable.

Copyright Complaints:

Brainsfeed respects the intellectual property of others, and we ask our users to do the same. Brainsfeed will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Brainsfeed's Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

  • CopyrightAgent@askBrainsfeed.com

Repeat Infringer Policy:

In accordance with the DMCA and other applicable law, Brainsfeed has adopted a policy of terminating, in appropriate circumstances and at Brainsfeed's sole discretion, members who are deemed to be repeat infringers. Brainsfeed may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Links and Content

The Services may provide, or third parties may provide, links or otherwise direct users to sites and resources on the Internet. Brainsfeed has no control over such sites and resources and Brainsfeed is not responsible for and does not endorse such sites and resources. Brainsfeed will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through such site or resource.

Release

By using the Services you agree to release, discharge and hold harmless Brainsfeed and its subsidiaries and affiliates (the “Brainsfeed Entities”) from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Services or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.

Indemnity

You agree to indemnify and hold Brainsfeed and the Brainsfeed Entities harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating to the Services, including without limitation, any content posted to or transmitted through the Services, or publicly distributed on the web, your use of the Services, your connection to the Services, your violation of the Terms or your violation of any rights of another.

Disclaimer of Warranties

Brainsfeed is an online service and research tool used for educational purposes only. Any services, content or information provided by Brainsfeed is provided on an "as is" basis and should not be relied upon as medical, legal, financial, technical, or any other professional advice or expertise. Brainsfeed will not provide you with any legal, financial, medical or other professional advice or services.

Any information obtained from Brainsfeed or any of our individual researchers is intended to provide a basic foundation for knowledge and a starting point for additional in-depth research. Our researchers are researchers only and are not substitutes for professional advisors of any kind. Any conclusions drawn from the relied-upon sources are to summarize the sources for expedient, generalized answers to your questions and research requests.

In addition, we make no representations or warranties about the accuracy, completeness, quality, authenticity, timeliness, or relevancy of the sources relied upon by our researchers. It is your responsibility to determine whether, how and to what extent your intended use of the information provided by Brainsfeed will be possible in the areas of the world and the individual situations in which you intend to use them. Before acting on any information provided by Brainsfeed, you should consider obtaining additional information and professional advice from professionally licensed individuals who are familiar with your local or individual circumstances.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRAINSFEED AND THE BRAINSFEED LIMITED ENTITIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BRAINSFEED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL BRAINSFEED'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

Termination

You agree that Brainsfeed, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason. If we suspect fraudulent, abusive or illegal activity, we may refer content or accounts to law enforcement authorities. Brainsfeed will not be liable to you or any third-party for any termination of your access to the Services.

General

The Terms, together with Brainsfeed’s Privacy Policy, constitute the entire agreement between you and Brainsfeed and govern your use of the Services, superseding any prior agreements between you and Brainsfeed with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms will be governed by the laws of Hong Kong SAR without regard to its conflict of law provisions. You and Brainsfeed agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Hong Kong.

EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Brainsfeed to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Your Privacy

At Brainsfeed we respect the privacy of our users and have outlined our collection, use and disclosure of personal information and registration data in our Privacy Policy. By using the Services, you accept and agree to all provisions of the Privacy Policy.

Cookies

Who are we?

Welcome to the brainsfeed platform, published by Brainsfeed Technologies SAS, exploited by Brainsfeed Limited. We offer users an alternative online consulting platform for entrepreneurs, startups, and established businesses

This section allows you to learn more about the origin and the use of the navigation information processed during your consultation of our platform and your rights. This Policy is therefore important to you, who wish to have a positive and confident experience of our services and to us, who wish to answer your questions on your consultation of our platform in a precise and complete way and to take account of your wishes.

During the consultation of our platform, information about the navigation of your terminal (computer, tablet, smartphone, etc.) on our platform/application, are likely to be saved in "Cookies" files installed on your terminal, subject to the choices you have made regarding cookies and which you can change at any time.

What are the cookies issued on this platform used for?

Only the issuer of a cookie is liable to read or modify the information contained therein.

When you log on to our platform, we may, subject to your choices, be able to install various cookies in your terminal allowing us to recognize the browser of your terminal during the validity period of the cookie concerned. The cookies we issue are used for the purposes described below, subject to your choices, which result from the parameters of your navigation software used during your visit of our platform that you can express to us at any time. The retention period for this information is 13 months.

The cookies we issue allow us to:

  • offer targeted ads tailored to your interests;

  • establish statistics and volumes of attendance and use of the various elements composing our platform (topics and contents visited, route), allowing us to improve the interest and ergonomics of our services;

  • adapt the presentation of our platform to the display preferences of your terminal (language used, display resolution, operating system used, etc.) during your visits to our platform, depending on the visualization hardware and software of your device;

  • memorize information relating to a form you have filled in on our platform (registration or access to your account) or to products, services or information that you have chosen on our platform (subscribed service, contents of a shopping cart, etc.);

  • allow you to access reserved and personal spaces of our platform, such as your account, by means of logins or data that you have potentially previously entrusted to us;

  • implement security measures, for example when you are asked to re-connect to a content or a service after a certain period of time.

Third-party cookies

  • Google Analytics

Your choices regarding cookies

There are several ways to manage cookies. Any settings you apply may change your Internet browsing and your conditions of access to certain services that require the use of cookies.

You can make the choice at any time to express and modify your wishes with regard to cookies, by the means described below.

The choices offered by your navigation software

You can configure your navigation software so that cookies are recorded on your device or rejected, either systematically, or depending on their issuer. You can also set up your browser software so that acceptance or rejection of cookies is proposed to you, before a cookie is likely to be recorded in your terminal.

Cookies agreement

The recording of a cookie in a terminal is essentially subordinated to the will of the user of the terminal, which the user can express and modify at any time and without paying for it, through the choices offered to him by his navigation software.

If you have accepted in your browser the recording of cookies in your terminal, the cookies embedded in the pages and contents that you have consulted can be stored temporarily in a dedicated space of your terminal. They will be readable only by their issuer.

Cookies refusal

If you refuse to record cookies on your device, or delete those which are recorded, you will no longer benefit from a certain number of features that are necessary to navigate to certain spaces of our platform. This would be the case if you tried to access our content or services that require you to be identified. This would also be the case if we - or our service providers - could not recognize, for technical compatibility purposes, the type of browser used by your device, its language and display settings or the country from which your device seems to be connected to the Internet.

In that case, we accept no responsibility for any consequences arising from the degraded functioning of our services resulting from the fact that we cannot record or consult the cookies necessary for their operation and which you have refused or deleted.

How to exercise your choices, depending on the browser you are using?

For the management of cookies and of your choices, the configuration of each browser is different. It is described in the help menu of your browser, which will allow you to know how to modify your wishes with regard to cookies.