Welcome to Bash Brain!
Bash Brain (the "Site") is provided to you for your personal entertainment, information, education, and communication through our featured content and interactive functionality available via the Internet (the " Bash Brain Services").Please read the Terms of Service carefully.
The Terms of Service include our policy for acceptable use of the Bash Brain Services and content, as well as your rights, obligations and restrictions regarding your use of the Bash Brain Services. We grant you a limited, revocable, non-exclusive license to access the Bash Brain Services for your own personal use, subject to the Terms of Service. Use of the Bash Brain Services beyond the scope of authorized access granted to you terminates this permission.
By accessing the Bash Brain Services, you accept, without limitation or qualification, the following Terms of Service, our Privacy Policy, and our existing Bash Brain Rules, which are incorporated by this reference.
You are only authorized to use the Bash Brain Services if you agree to abide by the Terms of Service and all applicable laws. If you do NOT accept the Terms of Service, Privacy Policy and the Rules, then please discontinue your use of the Site and the Bash Brain Services.
We may modify the Terms of Service from time to time and each modification will be effective upon posting on the Site, which serves as notice to you.
The Terms of Service constitute the entire agreement regarding your use of the Site or the Bash Brain Services and supersede any such prior Terms of Service. We will attempt to notify all members of changes to these Terms of Service but are not obligated to do so, as it is important that you review the Terms of Service regularly to ensure you are updated as to any changes made. When changes are made, we will indicate at the bottom of this page the date that revisions were made.
Member Accounts:
In order to participate in the Bash Brain Services, you must create an account and become a Bash Brain member. All members will receive a password and are responsible for maintaining confidentiality of such password. Each member's right to use the Bash Brain Services is personal to the member and members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. You agree to notify Bash Brain of any unauthorized use of your account or any other breach of security known or that should be known to you. You acknowledge and agree that you are solely responsible for your interaction with other members of the Site, and that we have no obligation to monitor or resolve disputes between members of the Site.
In addition, the following behaviors or activities are strictly prohibited when using the Bash Brain Services by any member or Bash Brain Services' user:
* Strong, vulgar, obscene or otherwise harmful language,
* Racially, ethnically or otherwise, objectionable language,
* Harassing, intimidating, stalking or threatening other Bash Brain members,
* Libelous, defamatory or otherwise tortuous language,
* Online vandalism,
* Impersonation of another person,
* Posting, distributing, transmitting or promoting illegal Content,
* Invasion of another's privacy,
* Actions that are hurtful to minors,
* Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party,
* Posting, providing, transmitting or otherwise making available any junk mail or spam, and
* Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials associated with the Bash Brain Services.
We maintain a policy of cooperation with any law enforcement authorities or court order requesting or directing Bash Brain to disclose the identity of anyone posting any such information or materials. We have the right, but not an obligation, to strictly enforce the Terms of Service through self-help, moderation, active investigation, litigation and prosecution.
If you produce content that is covered under 18 U.S.C. §2257 labeling requirements, you may be subject to the name- and age-verification, record keeping, and labeling requirements of 18 U.S.C. §2257. You can find more information on 18 U.S.C. §2257 and compliance by visiting: http://www.justice.gov/criminal/optf/links/2257-compliance-guide.html in your browser.
Termination of Service:
You agree that Bash Brain , in its sole discretion, has the right, but not the obligation, to delete or deactivate your member account, block your IP address, or otherwise terminate your access to or use of the Bash Brain Services, or any part thereof, immediately and without notice, and remove and delete any Member Content on the Bash Brain Services, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service.
Further, you agree that Bash Brain will not be liable to you or any third party for any termination of your access to the Bash Brain Services.
Further, you agree not to attempt to use the Bash Brain Services after your member account has been terminated. You agree that if you are dissatisfied with the Bash Brain Services, if you do not agree with any part of the Terms of Service, or if you have any other dispute or claim with or against us with respect to the Terms of Service or the Bash Brain Services, your sole and exclusive remedy is to discontinue using the Bash Brain Services.
Membership Fees / Refund Policy:
Bash Brain members may have profiles either at a "Founding" or "Basic" level or may sign up for a paid membership. Bash Brain charges membership fees for each paid membership account. Paid membership account fees are automatically renewed according to the member's selected renewal options, unless deactivated by the subscribing member. Bash Brain will automatically charge the membership fee to your designated payment method and you authorize us to charge such payment method for the appropriate membership fees and amounts stated.
Bash Brain reserves the right to increase membership fees or to institute new fees at any time upon reasonable notice (a minimum of 30 days) posted in advance on the Site. The act of paying fees does not exclude you from the Terms of Service or the Rules, which must be adhered to by all members.
Membership fees are charged up-front. Bash Brain does not provide refunds or credits for any membership fees. Downgrades to a less expensive membership or cancellation of any membership or termination of any membership will not result in any refund or credit of fees already paid. The cancellation or downgrade of a membership will go into effect up to 1 hour from user submission. We may offer other paid services or features associated with the Bash Brain Services, subject to specified terms and conditions, which are incorporated by this reference.
External Links:
The Bash Brain Services may provide links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that Bash Brain is not responsible for the availability of such external websites and resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such website or resource.
Children Online Protection Act Notification:
We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
Information identifying current providers of such protections is available at ParentalSoftware.org's website, http://www.parentalsoftware.org.
Indemnity:
You agree to defend, indemnify and hold Bash Brain , our owner, and each of its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, employees and Bash Brain moderators harmless from any claim or demand, including attorneys' fees and costs, made by any third party due to or arising out of any Content, material or information posted, provided, transmitted or otherwise made available by you on or through the Bash Brain Services, by your violation of the Terms of Service, or by your violation of any third party right, including without limitation any copyright, property, or privacy right.