This is a legal agreement ("Agreement") between you and Brilliant, LLC ("Brilliant", "we" or "us") governing your use of the content, software, products, and services available through the applications ("Apps") that have the Brilliant services (collectively, the "Services"). By using the Services, you consent to the collection and use of all information transmitted to Brilliant as described herein. Brilliant reserves the right to change how we handle the information we collect through the Apps at any time. The Services are not available to persons under 13 years of age. By accessing the Services, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, you must refrain from accessing the Services. We will update this Agreement to reflect any changes in our practices. Such changes will take effect immediately once posted to the Website.
- License; Scope of Use. Subject to the terms and conditions of this Agreement and in consideration of payment of the fees, Brilliant hereby grants you a personal, non-exclusive, non-transferable, non-sublicenseable license to access the Services, in the manner permitted by this Agreement. You understand that all information such as text, computer software, music, audio files or other sounds, photographs, videos or other images, data, information, RSS or other automated feeds (collectively "Content") to which you may have access in or through the Services are the sole responsibility of the person from which such Content originated. Content may be protected by intellectual property rights of Brilliant or third parties.
- Restrictions. You agree that you will not (and that you will not permit anyone else to): (a) resell, distribute, broadcast or network the Service or any portion thereof; (b) access the Service by any means other than the interface provided by Brilliant; (c) access the Service by automated means (including by scripts, web crawlers, scraping or data extraction); (d) use the Service in any manner that violates applicable law (including laws related to export control) or that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Service, or any network or networks connected to the Service; or (e) use the Service in a manner that violates the terms of any agreement you have made with a third party, including the terms and conditions of any third-party website or App. You must provide all equipment and software necessary to access the Service (a personal computer, tablet, or other device with a web browser that is in working order and suitable for use in connection with the Service). You agree that you will not (and that you will not permit anyone else to) download, copy, modify, make derivative works of, resell, trade, distribute, or make any commercial use of any Content made available to you via the Services, by any means or in any form, without the prior written consent of Brilliant.
- Fees. You will be charged on a monthly or annual basis according to the number of surveys and users per month and based on the then-current pricing matrix available on our website at www.brilliant app.com.
- Proprietary Rights. Brilliant, retains ownership of all proprietary rights in and to the Services, and the Content, including all trade names, trademarks and service marks associated or displayed with the Services. Nothing in this Agreement gives you a right to use any of Brilliant's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. You will not remove, deface or obscure any of Brilliant's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on or associated with the Services. Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Services, unless this is expressly permitted or required by law. You further agree that the Services may contain information which is designated confidential by Brilliant and that you shall not disclose such information without Brilliant's prior written consent.
- Termination. Upon any termination of this Agreement, your account will be deactivated and you must cease any further use of the Site and the Services.
- DMCA. It is Brilliant's policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law (including the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. If you believe your work appears in a manner that violates your intellectual property rights, please send a notice to Brilliant's copyright agent containing the information required by 17 U.S.C. ¬ß 512(c)(3), available at http://www.copyright.gov/title17/92chap5.html.
- No Warranties. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND BRILLIANT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BRILLIANT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. BRILLIANT MAKES NO WARRANTY THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES, ANY CONTENT OBTAINED THROUGH THE SERVICES, AND ANY COMMUNICATIONS WITH OTHER INDIVIDUALS THROUGH THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BRILLIANT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THIS AGREEMENT, THE SITE, THE SERVICES, ANY CONTENT SUPPLIED HEREUNDER, OR ANY INTERACTIONS YOU MAY HAVE WITH OTHER USERS OF THE SITE OR THE SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF BRILLIANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BRILLIANT'S MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE LESSER OF: (i) THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES IN THE PREVIOUS 12 MONTHS; OR (ii) $100. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
- Miscellaneous. Brilliant may change the terms of this Agreement at any time by posting modified terms, and such revised terms will be effective upon such posting. Consequently, you should consult this Agreement regularly. The Terms, and your relationship with Brilliant under the Terms, shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws provisions. You and Brilliant agree to submit to the exclusive jurisdiction of the courts located within the county of Suffolk, Massachusetts to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Brilliant shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision or any other provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect. You may not assign or transfer this Agreement or any rights hereunder without the prior written consent of Brilliant. All notices or other correspondence to Brilliant under this Agreement must be sent to the Brilliant contact address provided on the Site, or other address as provided by Brilliant for such purpose. You acknowledge and agree that we may send you information and notices regarding the Service by email, and that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter.
Last Updated: March 30, 2016