Monday, January 23, 2006

Terms of Use

aka: The Fine Print

Brain Spam (, hereafter, “the Site") is operated by The Glitterati (“the Editor”). Your continued use of this Site and any services it provides constitutes your binding acceptance of these terms (the "Terms").

Posting and Transmitting Content

The Site consists of a mix of digital media and written content provided by the Editor, our users and our partners (together, the "Content"). You are responsible for all Content that you post on or transmit through the Site. The following Content is prohibited:

  • Copyrighted material and trademarks that are used without the express permission of the owner
  • Advertisements, promotions, solicitations or offers to sell any goods or services for any commercial purpose unless you have the Editor's written consent to do so
  • Pornographic, sexually explicit or obscene Content
  • Content that exploits children or minors
  • Content that discloses or contains any personally identifying information beyond a first name about any person who appears to be under the age of 18 or that includes private, confidential information
  • Content that we have reason to believe was posted for malevolent purposes, including libel, slander, defamation or harassment
  • Content that may be deemed grossly offensive to the Site community, including, but not limited to, blatant expressions of bigotry, prejudice, racism, hatred or profanity
  • Content promoting or providing instructional information about illegal or illicit activities
  • Content that transmits or contains viruses, corrupted files, or any similar element

We examine the Content on the Site on a regular basis and we maintain the absolute right (though not the obligation) to remove any Content that does not meet the standards listed above or that is otherwise objectionable at our sole discretion. We also reserve the right to terminate your access to the Site if you fail to abide by these Terms.

We are not responsible for the loss, deletion, failure to store, misdelivery, or untimely delivery of any Content submitted to or transmitted through the Site.

By utilizing the Site you agree to indemnify, defend and hold the Editor and her officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by the Editor through your use of the Site or as a result of Content you submit or transmit through the Site in violation of these Terms. You also agree to take sole responsibility for any royalties, fees or other monies owed to any person by reason of any Content you post or transmit through the Site or the services we provide.

Grant of License

When you post or transmit Content on or through the Site you grant the Site and the Editor, their affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide, sub licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate your Content with other Content, create derivative works of and publicly perform that Content for any purpose on and through each of the services provided by the Site or on other sites owned by the Editor or her affiliates or partners. This license shall apply to the distribution and the storage of your Content in any form, medium, or technology now known or later developed.

We have the right, but not the obligation, to use your name, city and province and/or state in connection with any use of your Content.

Use of the Site and the Site Content

All of the Content available through the Site is protected by our copyrights or trademarks and the copyrights or trademarks of our partners and/or users. You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of, participate in the transfer or sale of, publicly perform, or in any way exploit any of this Content, in whole or in part, outside of the specific usage rights granted to you by the Editor as part of the services we provide.

You may not to use the Site in any manner that interferes with our normal operations or with the use and enjoyment of another user. You may only access the Site and the Content through the interfaces provided by the Site. You agree to use the Site and the services only for their intended lawful purpose and in accordance with applicable laws.

You understand that by using the Site, you may be exposed to Content that you find offensive or objectionable.

Our Rights

We maintain the right to do any of the following any time, with or without prior notice:

  • restrict, suspend, or terminate your access to all or any part of our services;
  • change, suspend, or discontinue all or any part of our services;
  • refuse, move, or remove any Content;
  • refuse to register any user name that may be deemed offensive
  • establish general practices, fees and policies concerning the Site and the services we provide

Limits on our Responsibilities

We cannot guarantee the accuracy, security or quality of Content posted on or transmitted through the Site. Without limitation, we are not responsible for the Content posted by users on the Site and your use of the Site and the services provided is at your own risk.

Under no circumstances will we be liable for any loss, harm, error or omission that may result from the use of the Site or the services we provide or for any service failure or interruption, regardless of the cause.

The Site is an advertising supported Internet site. By transmitting Content on or through the Site you consent to having your Content co-mingled with advertisements that appear on the Site or are incorporated into any services we provide.

Third-Party Sites, Products, and Services

The Site provides access and contains links to third party Internet sites and services that we believe may be of interest or benefit to our users. Your use of those sites and services is subject to the terms and conditions set by such site or service. We have no control over these third parties and we are not responsible for their activities.

We do not sell, resell, or license any of the products or the services that we review, list, or advertise on the Site, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

Reporting Content Violations

If you believe that any Content shown on or transmitted through the Site violates these Terms or your copyright you can report such violation using the email link that is provided on the home page. In the case of a copyright violation please provide the following information:

  • 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 (including the exact URL);
  • An address, a telephone number, and an e-mail address where we can contact you and, if different, an e-mail address where the alleged infringing party, if not the Editor, can contact you;
  • A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
  • A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
  • Your electronic or physical signature.

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove both parties' Content.

Applicable Law

These Terms shall be construed in accordance with the laws of the Province of Ontario, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Toronto, Ontario if seeking interim or preliminary relief or enforcement of an arbitration award.

Last updated: April 17, 2008