Valued Member Terms of Use


Accessing And Using Brilliant Factory

Please read this Agreement carefully before using or accessing the Site.

Welcome and thanks for visiting Brilliant Factory®! When you sign up for our products and services, you’re agreeing to our Terms of Use, so please take a few minutes to read over the Agreement below.

Our mission

The mission of Brilliant Factory is to help entrepreneurs build and improve their businesses. To achieve our mission, we provide services via our web-based platform to enable individuals and companies to find resources and to offer their assets and services to fellow members. Brilliant Factory provides a unique platform to guide and empower entrepreneurs to start and enhance their businesses. Our goal is to offer the entrepreneur an ecosystem of peers and experts where ideas are safe and help is at hand.

  1. You are entering into a legally binding agreement.
  2. You agree to your obligations as a member, that you are legally eligible to enter into this agreement, and that you will respect the rights of fellow members.
  3. We grant you use of the Site within certain limits, and will respect your privacy and the choices you make about who gets to see your information and content.
  4. We reserve the right to choose whom we serve, and you agree not to compete with Us or pillage our Site or its membership.
  5. You agree that any business endeavor has risks, and you are responsible for the consequences of your use of the Site.
  6. You will maintain a spirit of cooperation and respect for the proprietary interests of other members. You promise to present only information and content that you have the right to use. You promise that your member profile will be truthful.
  7. You agree to our general terms regarding conflict resolution and governing law.

1. Introduction

These Terms of Service (“Terms”) govern all of Your access to and use of Brilliant Factory (“Company,” “We,” “Us,” “Our”) services, including our website, blog, and any mobile apps (collectively, “the Site”), and any information text, graphics, photos or other materials appearing on our website(s). Your access to and use of the Site is conditional upon your acceptance of, and compliance with, these Terms. By accessing or using the Site you agree to be bound by these Terms.

You are entering into a legally binding agreement

Upon signing up as a Member, You agree that you are entering into a legally binding agreement with Brilliant Factory based on this site’s Terms of Use and Privacy Policy.

You agree that by clicking “Join Now,” “Sign Up” or other similar registration or access, that You are entering into a legally binding agreement (even if you are using the Site on behalf of a company).

This legally binding agreement includes these Terms of Service and Our Privacy Policy, and other terms that may be displayed to you at the time you first use certain features (such as starting a “Factory,” downloading our software, or purchasing products or services), as well as terms that may be amended by Us from time to time. If you do not agree to these Terms, do NOT click “Join Now” (or similar) and do not access or otherwise use the Site.

Registered users of our Site are “Members” and unregistered users are “Visitors.” This document applies to both, except where otherwise indicated.

2. Your obligations - What’s required of you

You will only access and use Brilliant Factory in the way this agreement allows you.

You must comply with all applicable federal, state, and local laws; as well as all terms of use of the Site, as may be amended from time to time, as detailed in these related webpages:

YOUR INTERACTIONS WITH OTHER USERS OF THE SITE

You are solely responsible for your interactions with other member-users and visitors of our Site. We reserve the right, but have no obligation, to monitor interactions between You and other members. We have the right to restrict Your interactions with other members and may, in certain circumstances, prohibit You from contacting other members through use of the Site or otherwise limit your use of the Site.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION BODILY INJURY, EMOTIONAL DISTRESS, AND ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER MEMBERS OF THE SITE OR PERSONS YOU INTERACT WITH THROUGH THE SITE.

Use of others’ ideas

You agree to respect the proprietary interests of fellow members. Essentially, your participation in Brilliant Factory constitutes agreement to mutual nondisclosure and non-competition with the membership of this Site and You agree to enter into a confidential relationship with respect to disclosure of proprietary information or trade secrets not previously publicly disclosed. Such information is defined as all information or material that has or could have commercial value or other utility in a business. All trade secrets and proprietary information divulged within this Site are to be kept in the strictest confidence. The nondisclosure provisions shall survive the termination of this agreement and remain in effect until the confidential information no longer qualifies as a trade secret.

Exclusions: Your obligations do not extend to information that: Is publicly known; becomes known through no fault of Yours as a member; is discovered or created by you before disclosure by another member; is learned through legitimate means; or is disclosed after the originating party’s prior written approval.

Conducting business via the website

The Company provides its members with certain tools and mechanisms designed to facilitate building or improving their businesses; the sole responsibility for the success or failure of a member’s business endeavor lies with that member and their management team, employees, and associates.

You are responsible to run your own business, service your customers, protect those customers’ data, pay appropriate taxes, and to observe all applicable laws, rules, and regulations.

You own your property

You represent and warrant you have all legal rights to any ideas, inventions, trade secrets, patents, or intellectual property that You present to the membership of this Site. You represent and warrant that you own (or control) any such assets that you may describe or present on the Site. Such assets are not the property of the Company, unless such ownership is mutually agreed to in writing.

By providing content or information to the Company, You represent and warrant that You are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions, or other third party rights (including any intellectual property rights).

You grant Company a royalty free right to use or create derivatives of the descriptions or depictions of assets that You present to the Site’s membership.

Serendipitous ideas

You understand and agree that, from time to time, material containing features and elements similar or identical to those contained in Your presented materials may appear on this Site, and that the owners of said materials are not obligated to negotiate with or otherwise compensate you for their use. All members are encouraged to strive for the highest forms of uniqueness in their endeavors.

Protection of your assets

You agree to abide by a communal expectation of trustworthiness and honesty, in order to facilitate the rapid and efficient creation and improvement of business endeavors. You agree to common nondisclosure and non-competition rules regarding trade secrets and ideas expressed on the Site. You also understand that any content or information you submit to the Site is at your own risk of loss.

It is incumbent upon you, should you discover a misuse of your intellectual property or other rights, to take appropriate action.

Eligibility - “Minimum Age” and truthful information

You warrant that you have full right and power to enter into this Agreement.

To be eligible to use the Site, you must meet the following criteria and represent and warrant that you:
(1) are the “Minimum Age” (defined below) or older;
(2) are not currently restricted from or otherwise prohibited from having an account with Us;
(3) are not a competitor of Company or are not using the Site for purposes that are in competition with Company;
(4) will use your real name and only provide accurate information to Company;
(5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party;
(6) will not violate any rights of Company or third party, including intellectual property rights such as copyright, patent, or trademark rights;
and (7) agree to provide at your cost all equipment and internet access necessary to use the Site.

“Minimum Age” for the purposes of using this Site is governed by the minimum age at which a United States citizen may enter into a legally binding contractual agreement (18 years old under current laws), except where applicable law requires that you must be older than such age in order for Company to provide specific services to you (including the collection, storage and use of your information in accordance with our Privacy Policy), then the Minimum Age would be such older age.

The Site is not designed nor intended for use by children or anyone under the age of 18. For entrepreneurs under age 18, a parent or guardian must sign up on behalf of such persons, and must supervise use of and maintain control of the account at all times. Parent or guardian assumes all responsibility for the actions of minors.

Your membership, password, and security

Your membership account belongs to you. You agree to safeguard your password and account. You are fully responsible for anything that happens through your account unless you close it or report misuse.

It is Your responsibility to keep your profile information accurate and updated.

You may NOT share a membership account with anyone else. You are expressly forbidden to share, trade, give away, or sell access to the Site, or otherwise reveal Your login details to enable such sharing or use. Members who wish to bring in other parties to work together on a common project may direct such parties to the sign-up instructions for the Site.

Payment

Membership: All membership is via paid subscription and access to the Site is available to You during the term of the subscription, beginning at completion of the application and verified receipt of payment of the membership fee. No free “visitor” or “trial” access is offered. If You purchase a paid membership, You agree to pay Us any applicable fees and taxes. Failure to pay such fees may result in termination of subscription.

Tokens: Certain features, products, and services on the Site may only be accessed via Our token payment system. You may purchase tokens on-site. Tokens may be awarded to members as a premium, from time to time. Tokens are not redeemable for cash.

Purchases: Certain products or services offered by the Company, its affiliates, sponsors, or members may be purchased via valid credit/debit card.

Billing: You authorize Us or our assigns to store and continue billing your payment method (e.g., credit card) and you agree to keep your payment details current to facilitate payment.

Effective date

The membership agreement is effective on the date that you agree to it (by indicating acceptance electronically) and continues so long as you use the Site (and membership dues are current) or until terminated by you or Brilliant Factory. Your obligations regarding trade secrets and intellectual property may survive the term of your membership. See “Use of others’ ideas” regarding trade secrets in Section 2, above.

Termination

You may terminate this agreement any time by closing your account. Company may terminate or suspend Your account at any time at our sole discretion if We determine that You have breached any of the provisions of these Terms of Service. There are no refunds for any unused portion of a membership period.

Effects of Termination

Upon termination of your membership, we will immediately discontinue your access to the Site. You will not be refunded the remainder of any subscription fees or token value that you have paid for the Site if your access or use of the site is terminated or suspended.

3. Your Rights - what’s required of us

If You comply with this agreement, We grant you a limited right to use Brilliant Factory.

On the condition that you comply with all of your obligations under this Agreement, including, but not limited to, the Doʼs and Donʼts, Privacy Policy, and related policies listed in Section 2, “Your Obligations,” we grant you a limited, revocable, nonexclusive, nonassignable, non-sublicenseable license and right to access the Site, through a generally available web browser, mobile device or Brilliant Factory authorized application (but NOT through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Company or its Members), to view content and information and otherwise use the Site, to the extent intended and permitted by the functionality thereof, and the Membersʼ settings, in accordance with this Agreement.

Any other use of the Site contrary to our Mission (as described in this agreement) is strictly prohibited and a violation of this Agreement.

We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Site and all related items, including any and all copies made of the Brilliant Factory website(s), blog(s), mobile app(s) and any other associated services.

Protection of your business assets and intellectual property

We will respect your privacy, and will take reasonable precautions to protect and safeguard Your data and personal information that You provide on this Site.

We endeavor to create a safe environment for members to discuss business matters. This website operates under a communal expectation of trustworthiness and honesty, in order to facilitate the rapid and efficient creation and improvement of business endeavors. All members agree to certain nondisclosure and non-competition rules regarding trade secrets and ideas expressed on this website. Nevertheless, any content or information you submit to this website is at your own risk of loss.

Privacy

We will respect the choices you make about who gets to see your information and content. By default, information that you provide on the Site is private, and will not be made visible to outside parties or general internet searches without your express consent, via your member privacy settings.

4. Our Rights

We reserve the right to refuse service to anyone who violates these Terms. See "Do’s and Don’ts" for details on expected conduct within the Site.

Infringement

All names, logos and designs associated with Brilliant Factory are trademarks of Brilliant Factory. You may not use any Brilliant Factory trademark in any manner without prior written consent of Brilliant Factory. Furthermore, members may not infringe on any patents, trademarks, or other copyrights of fellow members or any other parties whatsoever.

Modification of Terms of Use

Brilliant Factory reserves the right to modify these Terms of Use at any time. Your continued use of the Site upon notification of a change in Terms signifies your acceptance of such Terms.

No "scraping"

Regardless of your compliance with these Terms of Use, You are prohibited from accessing the Site via scraping, spidering, crawling or other technology or software used to access data without the express written consent of Company. You further agree to refrain from recruiting, by manual or other means, members of this Site to leave the Site in favor of another related or competitive service.

Competing with Brilliant Factory

You agree not to compete directly with Brilliant Factory by copying or otherwise imitating the Company’s proprietary business model.

Certain businesses may be prohibited

Brilliant Factory is not designed or intended for illegal or amoral businesses, such as those which promote or build upon sexism, racism, economic inequality, violence, vice, banned substances, schemes, or confidence games. Brilliant Factory strives to maintain a community standard among its membership. There are certain categories of businesses and business practices for which Brilliant Factory cannot be used ("Prohibited Businesses").

This list of Prohibited Business categories is based upon law and custom, as well as some basic common sense. We maintain a list: Prohibited Businesses.

By registering for Brilliant Factory, you confirm that you will not use the Service in connection with any of the Prohibited Businesses. We reserve the right to cancel the membership of any member who appears to be operating a Prohibited Business at its sole discretion.

If you are uncertain as to whether your proposed business idea is a Prohibited Business, or have questions about how these requirements apply to you, please contact us: compliance @ brilliantfactory . com .

5. Content on the Site

The content and information provided on the Site is supplied as is and without warranty as to its usability for any particular purpose.

Limit of liability

The information contained in the Site (educational materials, advice, eBooks, and the like) is for informational purposes only, and may not apply to Your situation. The Site provides no warranty about the accuracy or efficacy of the information provided. Information provided is subjective; keep this in mind when reviewing such information.

Brilliant Factory shall not be liable for any loss of profit or any other commercial damages resulting from use of the Site. All links are for informational purposes only and are not warranted for content, accuracy, or any other implied or explicit purpose.

Earnings disclaimer

You recognize that any business endeavor has inherent risk for loss of capital. Any examples on the Site are not intended to represent or guarantee that everyone will achieve the same results and You understand there is no guarantee you will duplicate the results provided in any examples on the Site. Individual success will be determined by a combination of circumstances, including the member’s desire, dedication, background, effort, and motivation to work, as well as the current market potential for a product or service.

6. Brilliant Factory "DOs" and "DON’Ts"

We endeavor to create a safe and low-noise environment for members to discuss business matters, operating under a common expectation of trust and honesty. In addition to the Terms of Use elsewhere in this agreement, the following "DOs" and "DON’Ts" apply:

Dos. You agree that you will:

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  • Provide accurate information to Us and keep it updated;
  • Keep your payment method up to date;
  • Use your real name on your profile;
  • Safeguard your login and password;
  • Respect the proprietary interests of other members and Brilliant Factory;
  • Use the Site in a professional manner.

Don'ts. You agree that you will NOT:

  • Act dishonestly or unprofessionally, including posting inappropriate, inaccurate, or objectionable content;
  • Peruse member materials for the purpose of direct competition with their endeavors;
  • Create a false identity on Brilliant Factory;
  • Misrepresent your current or previous positions and qualifications;
  • Misrepresent your affiliations with a person or entity, past or present;
  • Misrepresent your identity, including but not limited to the use of a pseudonym, “user handle,” or the name or professional name of a known individual;
  • Supply information that is inaccurate or not intended for a designated field (for example, submitting a telephone number in the “title” field, or including personally identifiable information for which there is not a field provided by the Site);
  • Create a Member profile for anyone other than yourself (a real person);
  • Use or attempt to use another member's account;
  • Harass, abuse or harm another person;
  • Send spam or other unwelcome communications to others;
  • Scrape or copy profiles, contacts, or information of others through any means (including crawlers, spiders, bots, browser plugins and add-ons, and any other technology or manual work) - or use any non-authorized method to add or download contacts, or to send or redirect messages;
  • Act in an unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable manner;
  • Disclose information that you do not have the right to disclose (such as confidential information of others, including your employer) without their express consent;
  • Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
  • Violate the intellectual property or other rights of Brilliant Factory, including, without limitation, using the name “Brilliant Factory” or our logos in any business name, email, or URL except as provided in the Brand Guidelines;
  • Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation not authorized by Us;
  • Post anything that contains software viruses, worms, or any other harmful code;
  • Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Site;
  • Create profiles or provide content that promotes prostitution;
  • Create or operate a pyramid scheme, fraud, or other similar practice;
  • Copy or use the information, content, or data of others available on the Site (except as expressly authorized);
  • Copy or use the information, content, or data on Brilliant Factory in connection with a competitive service (as determined by Brilliant Factory);
  • Collect, use, copy, transfer, modify or create derivative works of Brilliant Factory, the Site, or any related technology (except as expressly authorized by Brilliant Factory);
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Site or any related technology, or any part thereof;
  • Imply or state that you are affiliated with or endorsed by Brilliant Factory without our express consent (e.g., falsely representing yourself as an accredited Brilliant Factory trainer);
  • Rent, lease, loan, trade, sell/re-sell access to the Site or related information or data;
  • Sell, sponsor, or otherwise monetize a Brilliant Factory account or any other feature of the Site, without Our consent;
  • Deep-link to our Site for any purpose such as to promote your profile or a Factory project on Brilliant Factory (as set forth in the Brand Guidelines), without Our consent;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
  • Remove, cover, or obscure any advertisement included on the Site;
  • Monitor the Site’s availability, performance, or functionality for any competitive purpose;
  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site;
  • Access the Site except through commonly available web browsers, or interfaces expressly provided by Brilliant Factory, such as its mobile applications;
  • Override any security feature of the Site;
  • Interfere with the operation of, or place an unreasonable load on, the Site (e.g., spam, denial of service attack, viruses, gaming algorithms);
  • Violate Brilliant Factory’s Terms of Service or other policies as published on the Site.

7. General terms

By becoming a member, you agree to our general terms regarding conflict resolution and arbitration of disputes, indemnification, governing law, and what constitutes the entire agreement.

Conflict Resolution and Arbitration of Disputes

Members are strongly encouraged to resolve conflicts among themselves through direct communication in a spirit of cooperation.

You and we agree to resolve any claims relating to the operation of the Site or conflicts between members through final and binding arbitration, except either You or We or any member of Brilliant Factory may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site or to protect intellectual property (for example, trademark, trade secret, copyright, or patent rights) from infringement without first engaging in arbitration.

In the event that conflicts cannot be amicably resolved between members, sole remedy for the resolution of such disputes shall be arbitration before one arbitrator in accordance with the customary Commercial Arbitration Rules of the State of Florida, such arbitration to be held in the County of Pasco, State of Florida.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

In the case of a lawsuit for injunctive relief as described above or in the event that the agreement to arbitrate is found not to apply to you or your claim, you and we irrevocably consent and agree that legal action, suit or proceeding against either you or us may be brought only in Pasco County, Florida and hereby irrevocably accepts and submits to the exclusive jurisdiction of the aforesaid court in personam, with respect to any such action, suit or proceeding. Each party waives to the fullest extent permitted by law any right to trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any rights or remedies arising under, relating to or in connection with these Terms.

Indemnification

You agree to indemnify and hold harmless Brilliant Factory and all of its officers, directors, employees, affiliates, and agents ("Those Indemnified") for any and all losses, damages, liabilities, claims, costs or expenses, including reasonable attorney’s fees, incurred directly or indirectly by Those Indemnified in connection with the use of the Site for any unlawful, unauthorized or prohibited purpose.

In the event of any proceeding against You by any regulatory agency or in the event of any court action or self-regulatory action, you will reimburse Those Indemnified any out-of-pocket costs we may incur in connection with any such action or proceeding.

You agree to indemnify and hold Those Indemnified harmless with respect to any death, financial or personal injury, or property damage claims or actions arising from the use of the products or services offered on the Site.

Governing law

This agreement shall be interpreted in accordance with the laws of the State of Florida, U.S.A. Venue for any action arising under the terms of this agreement shall lie exclusively in Pasco County, Florida. In any action to enforce the terms of this agreement, the prevailing party shall be entitled to recover their reasonable attorney’s fees and costs including, without limitation, fees and costs for arbitration, confirming or enforcing any arbitration award, appeal (whether of a final or a non-final order or judgment) and fees and costs for collecting on any judgment.

Entire agreement

These Terms of Use and Links hereto constitute the entire agreement between the contracting parties concerning the subject matter hereof. This agreement supersedes all prior agreements, discussions, representations, warranties, and covenants. There are no warranties, representations, covenants, or agreements, express or implied, between the parties except those expressly set forth in this agreement. Any amendments or modifications of this agreement shall be in writing.

Your payment via the Site’s payment gateway and sign-up form signifies your consent hereto.