Welcome and thanks for visiting BrilliantFactory.com! The goal of Brilliant Factory® is to help entrepreneurs build and improve their businesses by offering an ecosystem of peers and experts where ideas are safe and help is at hand. 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.
Here is a brief summary of the highlights of the Terms. Full Terms are in the numbered sections that follow.
- You are entering into a legally binding agreement. [READ MORE]
- 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. [READ MORE]
- We grant You use of the Site within certain limits, and will respect Your privacy and the choices You make about who sees Your information and content. [READ MORE]
- We reserve the right to choose whom We serve, and You agree not to compete with Us or pillage our Site or its Membership. [READ MORE]
- You agree that any business endeavor has risks, and You are responsible for the consequences of Your use of the Site. [READ MORE]
- You agree to abide by Our rules of conduct described in the Site "Dos and Don'ts". [READ MORE]
- You agree to our general terms regarding conflict resolution and governing law. [READ MORE]
1. You are entering into a legally binding agreement
Upon clicking "Join Now," "Sign Up" or other similar registration or access, and joining as a Member and/or paying the Membership fee, You agree that You are entering into a legally binding agreement with Brilliant Factory, Inc. (even if You are using the Site on behalf of a company).
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 access and use the Site only in the ways this agreement permits.
You must comply with all applicable federal, state, and local laws, as well as these Terms, as may be amended from time to time, as detailed in these related webpages:
- DOs and DON’Ts (Section 6 within these Terms)
- Affiliate Referral Program Terms
- Specific rules for use of features
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:
- are the "Minimum Age" (defined below) or older;
- are not currently restricted from or otherwise prohibited from having an account with Us;
- are not a competitor of Company or are not using the Site for purposes that are in competition with Company;
- will use Your real name and only provide accurate information to Company;
- 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;
- will not violate any rights of Company or third party, including intellectual property rights such as copyright, patent, or trademark rights; and
- agree to provide at Your cost all equipment and internet access necessary to use the Site.
Minimum age definition
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 become the registered Member 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 their minor children and their experiences using the Site. The Company does not knowingly collect, either online or offline, personal information from anyone under 18.
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
We encourage You as a Member to participate in communications with fellow Members and to exercise appropriate caution with regard to Your trade secrets and intellectual property.
The Site offers interactive services including forums, chat, Member profiles, direct messaging, advertising, and other interactive features, which allow Members to post, submit, publish, comment, display, or transmit (hereinafter, "Post") information or materials (hereinafter, "Content") to the Site for access by other Members.
By posting Content to the Site You represent and warrant that You are entitled to submit it, that You own or control all rights to it, and that it is not in violation of any law, contractual restrictions, or other third party rights. Posting Content for which You do not already own or control rights does not convey any ownership rights to You.
Content visibility, privacy, and rights
Posted Content can be visible to other logged in Members, so any Content You Post to the Site (except Content for which You have enabled privacy settings) will be treated as non-confidential and non-proprietary. The Company has no obligation to safeguard, monitor, or enforce any intellectual property rights that may be associated with any content that You or any other Member posts on the Site in any manner. With regard to Your Posting of confidential or trade secret information on the Site, We do not make any claims as to Your proprietary interests, or offer any legal protections to You. You also understand that any Content or information You submit to the Site is at Your own risk of loss.
You can enable privacy settings that are intended to control the visibility of certain Content and personal information You provide. We promise not to intentionally violate Your settings, although You must recognize that We cannot guarantee that there will never be a software bug or a hacker attack that will allow unauthorized exposure of Content or unsolicited contacts to occur.
Protecting Your intellectual property
All Members are encouraged to respect the intellectual property rights of fellow Members.
If You post confidential or trade secret information to the Site in any form, You do so at Your own risk of loss. If You desire to maintain confidentiality regarding such content, We encourage You to refrain from posting it on the Site.
When transacting business on the Site, You might desire to reveal confidential or trade secret information directly to another Member. Before You reveal confidential or trade secret information to a fellow Member, We strongly encourage You to consult with a business attorney regarding executing a non-competition/non-circumvention agreement with that Member.
If another Member posts content to the Site that You believe violates Your intellectual property or other rights, it is Your sole responsibility to pursue any actions or claims. We have no obligation to act on Your behalf.
It is incumbent upon You, should You discover a misuse of Your intellectual property or other rights, to take appropriate action.
Ownership vs. license
We do not claim any ownership interest in Your posted content solely because You have provided it, although We claim a license sufficient to display such content through the Site. All posted content shall be deemed to have been licensed to the Company on a nonexclusive, worldwide, royalty-free, perpetual basis. You acknowledge that You have the right to grant the above license to us and our Affiliates, and each of their and Our respective licensees, successors, and assigns.
Exclusions (intellectual property):
Your obligations to respect the intellectual property rights of fellow Members 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’sbusiness 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 that You have all applicable legal rights to any ideas, inventions, trade secrets, patents, copyrights, trademarks, or intellectual property that You present to the Company and to Members of the Site and that You own or have the legal right to control any such assets.
By providing content or information to the Company, You represent and warrant that You are entitled to submit it and that it is not in violation of any law, contractual restrictions, or other third party rights (including any intellectual property rights).
You grant Company a royalty free, non-exclusive, perpetual, world-wide license to use, display, reformat, and republish (in whole or in part) and create derivatives of the descriptions or depictions of assets that You present to the Site’s Members, and this license may be used for all lawful purposes, including but not limited to summarizing Member information and packaging and promoting Member products and services and the Company in or on press releases, social media, brochures, websites and in all other media.
With the exception of Members’ assets and other content created and posted by Members into their Profiles, this Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company or its licensors, or other providers of such material to Brilliant Factory, Inc. for its use and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Accordingly, You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, including material that is the intellectual property of fellow Members, who deserve to have their intellectual property rights respected by all Members.
The only exceptions are:
- You may download and utilize materials purchased or made available from the Company or other Members that are clearly intended to be shared or purchased; in such cases, You must abide by the use restrictions associated with the intellectual property of the Company or Member who owns that intellectual property or sold the materials to You.
- Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.
- You may store files that are automatically cached by Your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If We provide desktop, mobile, or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by our end User license agreement for such applications.
- If We provide social media features with certain content, You may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this Site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site except in conformance with the shared or purchased materials made available by the Company or Members.
Ownership of physical goods and real estate
The Site provides methods for presenting physical goods and real property for sale, lease, rent or trade to other Members. You represent and warrant that You have all applicable legal rights to offer the physical goods or property that You post for sale, lease, rent, or other consideration on the Site. You understand and acknowledge that You do not own or have rights to the property of another Member unless and until a real-world transaction occurs between the owning Member and You.
You understand and agree that similar ideas may be under development by multiple parties at any one time and, 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.
If You possess trade secrets that should not be shared because doing so will result in loss of protection as trade secrets, then do not post them in any manner on the Site. If You feel Your ideas could be at risk within the Site, then do not post them in any manner on the Site.
We will not take enforcement action on Your behalf. At Our discretion, We may elect to terminate a Member’s subscription and access, but no further action will be taken by Us and You agree not to rely on Us to provide such protection or enforcement.
Your Membership, password, and security
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 Your member-only access to the Site, or otherwise reveal Your login details to enable such sharing or use.
When You register for an Account, Your provided email address will become Your login user name and You will be asked to choose a password for Your Account.
You are responsible for safeguarding and maintaining the confidentiality of Your Account user name and password and for restricting access to and use of Your computer and all other electronic devices.
You authorize Us to assume that any person using the Site with Your email and password is You, and You agree that no one else is or will be authorized to act for You.
You agree to notify us immediately if You suspect or become aware of any unauthorized use of Your Account or any unauthorized access to Your password. You further agree not to use another Member’s user name or password.
If You wish to collaborate with others on a project within the Site, You can refer them to the Site to become a Member and potentially earn a referral commission pursuant to the terms of the Member Affiliate Program.
When You register for an Account and from time to time thereafter, Your Account may be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm Your identity and Your ability to represent Your business on the Site, if it is a separate legal entity. You authorize Brilliant Factory, Inc., directly or through third parties, to make any inquiries necessary to validate Your identity and confirm Your ownership of Your email address or financial accounts, subject to applicable law. When requested, You must provide us with information about You and Your business. Notwithstanding the foregoing which permits us to conduct identity verification, We make no promises to do so and no Member should rely on us to do so. Each Member who engages another Member to perform services, shares information with a Member, or otherwise develops a relationship with another Member, does so at the Member’s own risk and is encouraged to conduct his or her own due diligence.
To be a Member You must subscribe to the Site, for a non-refundable, pre-paid annual membership fee.
The annual subscription will NOT auto-renew on the anniversary of membership unless You actively select auto-renewal on Your Account. You will receive a renewal reminder before Your membership subscription expires.
If You select auto-renew on Your subscription, You authorize Us or our assigns to store and continue billing Your payment method (e.g., credit card on file).
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.
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. Members may give ("gift") tokens to other Members as a gratuity for help or advice. Tokens will expire one (1) year from the date of receipt or when Your membership expires, whichever is sooner. Tokens are not redeemable for cash.
Your subscription fee entitles You to access all of the features of the Site. Certain additional products or services may be offered by the Company, its affiliates, or sponsors, as a separate purchase. Additionally, Members may offer products and services via Our on-site marketplace as a separate transaction.
Member-to-Member sales, rentals, leases, or other exchanges of products and services that are initiated via Our on-site marketplace or collaboration features shall be transacted directly between Members. At this time, We do not participate in or provide a payment gateway for Member-to-Member transactions, except those transactions We designate are to be initiated via Our token system.
You agree to keep Your payment details current to facilitate payment. All subscription fees payable to Us are due in advance and must be made by credit card via the Site. You agree that all fees, including any applicable taxes, for which You are responsible will charged to Your credit card on file and that You will keep the Account information up-to-date.
FOR BANK DEBIT OR CREDIT CARD PAYMENT, YOU EXPRESSLY AUTHORIZE US TO DEBIT THE BANK ACCOUNT OR CHARGE THE CREDIT CARD, AS THE CASE MAY BE, THAT HAS BEEN DESIGNATED BY YOU. YOU MAY BE ASSESSED ADDITIONAL FEES AND COSTS IF YOUR BANK DEBIT OR CREDIT CARD IS DECLINED FOR ANY REASON.
This 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 the Company. Your obligations regarding trade secrets and intellectual property may survive the term of Your Membership. See "Use of others' ideas" in Section 2, above.
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 on the Site if Your access or use of the Site is terminated or suspended by You or by Us.
Because the Company is offering non-tangible irrevocable goods and services, We do not issue refunds once the order is processed. As a Member, You are responsible for understanding this policy upon purchasing a subscription and/or service on our Site. Please note that We do not issue refunds or chargebacks.
3. Your Rights - what’s required of us
If You comply with this Agreement, We grant You certain rights to use the Site.
Any other use of the Site contrary to our goals (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 Our 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 the Site is at Your own risk of loss.
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 also Section 6, "Dos and Don’ts", for details on expected conduct within the Site.
All names, logos and designs associated with the Siteand its ancillary properties are trademarks of Brilliant Factory, Inc. You may not use any Company trademark, name, designs, graphics, user interface, or logo art, in any manner without prior written consent of the Company. Furthermore, Members may not infringe on any patents, trademarks, or copyrights of fellow Members or any other parties whatsoever.
Changes to the Site and services
Future features of the Site
We may share information about Our plans for future features to gauge interest among the community. Our public statements about those product plans are an expression of intent, but You should not rely on them when making a decision to become a Member. If You decide to subscribe, that decision should be based on the functionality or features currently available, and not on any future functionality or features.
Your suggestions are welcome
We are committed to continuous improvement of user experience and welcome suggestions on the Site, services and products We offer. If You send Us suggestions, You agree that You are granting Us (and all Members) an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any of Your suggestions for any purpose without any obligation or compensation to You.
No "scraping" or poaching
Regardless of Your compliance with these Terms, 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 the Company
You agree not to compete directly with Company by copying or otherwise imitating any part of Our proprietary business model.
Certain businesses may be prohibited
The Company strives to maintain a community standard among its Membership. We maintain a non-exhaustive list of prohibited business activities. This list is based upon United States law and custom, as well as basic common sense.
By registering for the Site, You agree that You will not use the Service in connection with any prohibited business activity. We reserve the right to refuse or terminate membership of any Member whose business enterprise violates community standards of the Site or is in violation of applicable laws, in Our sole discretion. There are no refunds for termination of Membership.
Prohibited business activities list
The Site is not designed or intended for illegal or amoral businesses. Your business activity must not:
- Use or promote material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent or depicting violence, threatening, inflammatory, or otherwise objectionable;
- Promote or build upon sexism, racism, or economicinequality;
- Promote banned substances, schemes, or confidence games;
- Present hateful or discriminatory material targeting race, ethnicity, religion, gender, sexual orientation or identity, nationality, political beliefs, disability, or age;
- Promote sexually explicit or pornographic material or violence;
- Promote exploitation of minors or otherwise attempt to harm or exploit minors by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- Be fraudulent, deceptive, misleading or unlawful, or promote any illegal activity, vice, banned substance, or advocate, promote, or assist any unlawful act;
- Promote, sell, or distribute weapons of war, or parts and/or components of such items;
- Promote or sell products or services that are not in compliance with federal law, regardless of their status under state laws or other local law or ordinance;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person, estate, or entity;
- Upload or link to files that contain viruses, malware, or other programs that could damage the operation of the Site or other Members’ computers;
- Promote, transmit, or procure the sending of any advertising or promotional material, including any "phishing scheme," "junk mail", "chain letter", "spam", or any other similar solicitation;
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.
Company 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.
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.
Monitoring and enforcement; termination
We reserve the right to:
- Remove or refuse to post any Member contributions for any or no reason in Our sole discretion.
- Take any action with respect to any Member contribution that We deem necessary or appropriate in our sole discretion, including if We believe that such Member contribution violates the Terms herein, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Members or the public, or could create liability for the Company.
- Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Reliance on information posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other User, or by anyone who may be informed of any of its contents. This Site may include content provided by third parties, including materials provided by Members, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. Other than content provided by the Company, all statements or opinions expressed in these materials, and all articles and responses to questions and other content, are solely the opinions and the responsibility of the person or entity providing those materials and those materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to You or any third party for the content or accuracy of any materials provided by any third parties.
We do not undertake to review material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
6. Brilliant Factory "DOs" and "DON’Ts"
We endeavor to create an environment for Members to discuss business matters, operating under a common expectation of mutual trust and honesty.
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;
- Keep Your email address valid and current;
- Safeguard Your login credentials (email and password), and NOT share Your login credentials with others or allow others to log into Your account.
- Provide accurate profile information to Us and keep it updated;
- Keep Your payment method up to date;
- Use Your real legal name (no pseudonyms, user handles, nicknames, or dummy corporations) on Your profile;
- Respect the proprietary interests of other Members and Brilliant Factory, Inc.;
- 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;
- Create a false identity or misrepresent Your identity, including but not limited to the use of a pseudonym, "user handle," the name or professional name of a known individual, or a Member profile for anyone other than Yourself (a real person);
- Misrepresent Your current or previous professional history, positions, certifications, and qualifications;
- Misrepresent Your affiliations with a person or entity, past or present;
- 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);
- Use or attempt to use another Member's account;
- Harass, abuse or harm another person;
- Send spam or other unwelcome communications to others;
- Engage in trolling or the intentional disruption of discussion;
- 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;
- Attempt to evade, circumvent, or defeat the Site’s token-enabled features or rating system;
- Disclose confidential, proprietary, or trade-secret information of others, including Your employer, without their express written 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 the Company, including, without limitation, using the name "Brilliant Factory" or Our logos and other artwork in any business name, email, or URL except as permitted by the Affiliate Referral Program;
- 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 the Site in connection with a competitive service (as determined by Us);
- Collect, use, copy, transfer, modify, or create derivative works of the Site, or any related technology (except as expressly authorized by Company);
- 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 the Company 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 Member 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 the Site (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, block, or obscure any advertisement included on the Site;
- Monitor the Site’s availability, performance, or functionality for any competitive or non-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 the Site, 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);
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 the Site 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 Delaware, such arbitration to be held in the County of Sussex, State of Delaware.
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 Sussex County, Delaware 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.
You agree to indemnify and hold harmless Brilliant Factory, Inc. 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.
This agreement shall be interpreted in accordance with the laws of the State of Delaware, U.S.A. The venue for any action arising under the terms of this agreement shall lie exclusively in Sussex County, Delaware. 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.
Use Outside of the United States
The Company expressly disclaims any representation or warranty that the Site complies with all applicable laws and regulations outside of the United States. If You use the Site outside of the United States, You expressly understand and agree that You are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with Your use of the Site.
The Site is controlled and operated from our United States offices. The Site software is subject to United States export controls. No software for the Site may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that You are not (1) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country, and (2) listed on any U.S. government list of prohibited or restricted parties.
Your payment via the Site’s payment gateway and/or Your application via Our "join" (sign-up) form signifies Your consent hereto.
These terms are effective as of March 21, 2018 and updated December 1st, 2018.