Terms of Service

Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the services and Brilliant Forge’s websites (the “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Brilliant Forge’s Privacy Policy) and procedures that may be published from time to time on this Site by Brilliant Forge (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Brilliant Forge, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

The authors of this web site are providing information for educational purposes only.

Your BrilliantForge.com Account

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Brilliant Forge of any unauthorized uses of your account or any other breaches of security. Brilliant Forge will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Your Rights and Responsibilities

You retain your rights to any Content you submit, post or display on or through the Services.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Brilliant Forge will not be responsible or liable for any use of your Content by Brilliant Forge in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

You understand and agree that all information contained within the Site and all data and information compiled by Brilliant Forge associated with the Site which you may have access to as part of, or through your use of, the Site is considered Content of Brilliant Forge. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically authorized to do so by Brilliant Forge in a separate agreement.

You agree that you are solely responsible for (and that Brilliant Forge has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Brilliant Forge may suffer) by doing so.

You agree that all right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Brilliant Forge and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Brilliant Forge name or any of the Brilliant Forge trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Brilliant Forge, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

You agree that this license includes a right for Brilliant Forge to make such Content available to other companies, organizations and individuals with whom Brilliant Forge has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those Services.

Such additional uses by Brilliant Forge, or other companies, organizations or individuals who partner with Brilliant Forge, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

You understand that Brilliant Forge, in performing the required technical steps to provide the Services to our users, may: (i) transmit or distribute your Content over various public networks and in various media, and (ii) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Brilliant Forge to take such actions. You confirm to Brilliant Forge that you have all the rights, power and authority to grant the above license.

By submitting Content to Brilliant Forge for inclusion on the Site, you grant Brilliant Forge a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account. If you delete Content, Brilliant Forge will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Brilliant Forge has the right (though not the obligation) to, in Brilliant Forge’s sole discretion (i) refuse or remove any Content that, in Brilliant Forge’s reasonable opinion, violates any Brilliant Forge policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Brilliant Forge’s sole discretion. Brilliant Forge will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Website Visitors

Brilliant Forge has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s Content, use or effects. By operating the Website, Brilliant Forge does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. The Website may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Brilliant Forge disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of Content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which BrilliantForge.com links, and that link to BrilliantForge.com. Brilliant Forge does not have any control over those non-Brilliant Forge websites and webpages, and is not responsible for their Contents or their use. By linking to a non-Brilliant Forge website or webpage, Brilliant Forge does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. Brilliant Forge disclaims any responsibility for any harm resulting from your use of non-Brilliant Forge websites and webpages.

Copyright Infringement and DMCA Policy

As Brilliant Forge asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by BrilliantForge.com violates your copyright, you are encouraged to notify Brilliant Forge. Brilliant Forge will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Brilliant Forge will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Brilliant Forge or others. In the case of such termination, Brilliant Forge will have no obligation to provide a refund of any amounts previously paid to Brilliant Forge.

Intellectual Property

This Agreement does not transfer from Brilliant Forge to you any Brilliant Forge or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Brilliant Forge. Brilliant Forge, BrilliantForge.com, the BrilliantForge.com logo, and all other trademarks, service marks, graphics and logos used in connection with BrilliantForge.com, or the Website are trademarks or registered trademarks of Brilliant Forge or Brilliant Forge’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Brilliant Forge or third-party trademarks.

Changes

Brilliant Forge reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Brilliant Forge may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Brilliant Forge may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Brilliant Forge account, you may send a request to terminate your account here, which will place your account in a queue to be removed within 30 days. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website is provided “as is”. Brilliant Forge and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Brilliant Forge nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain Content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will Brilliant Forge, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Brilliant Forge under this agreement during the twelve (12) month period prior to the cause of action. Brilliant Forge shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Brilliant Forge Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable Content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Brilliant Forge, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

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