Effective: April 25, 2018
These Terms govern your access to and use of Bryllyant, operated and provided by Bryllyant, Inc., including any Bryllyant mobile applications and websites ("Bryllyant Services" or "Bryllyant") and any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on Bryllyant (collectively referred to as "Content"). Your access to and use of Bryllyant is conditioned on your acceptance of and compliance with these Terms. By accessing or using Bryllyant Services you agree to be bound by these Terms.
1. Basic Terms
You are responsible for your use of Bryllyant, for any Content you post to Bryllyant, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users and through third party services and websites. You should only provide Content you are comfortable sharing with others under these Terms.
You may use Bryllyant only if you can form a binding contract with Bryllyant and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using Bryllyant on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use Bryllyant only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Bryllyant Services are always evolving and the form and nature of Bryllyant may change from time to time without prior notice to you. In addition, Bryllyant may stop (permanently or temporarily) providing Bryllyant (or any features within Bryllyant) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
3. Access Credentials
You are responsible for safeguarding the credentials you use to access Bryllyant and for any activities or actions under your account. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Bryllyant account or any other account that you may connect to your Bryllyant account. Bryllyant cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4. Content on Bryllyant
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via Bryllyant and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via Bryllyant or obtained by you through Bryllyant is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via Bryllyant or endorse any opinions expressed via Bryllyant. You understand that by using Bryllyant, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Bryllyant be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Bryllyant or broadcast elsewhere.
A. Prohibited Content
Bryllyant encourages free expression however, in the interest of protecting all of our users, the following content is strictly forbidden:
- Is illegal
- Is pornography
- Encourages or incites violence
- Threatens, harasses, or bullies* or encourages other to do so
- Shares other user's personal information
- Impersonates a user in a misleading or deceptive manner
- Is spam
* We do not tolerate the harassment of people on Bryllyant. Harassment on Bryllyant is defined as systematic and/or continued actions to torment or demean someone in a way that would make a reasonable person conclude that Bryllyant is not a safe platform to express their ideas or participate in the conversation, or fear for their safety or the safety of those around them. Being annoying, or participating in a heated argument is not harassment, but following an individual or group of users, online or off, to the point where they no longer feel that it's safe to post online or are in fear for their real life safety is.
B. Prohibited Behavior
The following behaviors are also strictly forbidden:
- Creating new accounts to evade punishment or avoid restrictions
- Providing false or inaccurate information about the Bryllyant platform
- Malicious attacks/slander towards other users
- Doing anything that interferes with the normal use of Bryllyant
Violating Bryllyant's terms will result in the one or more of the following:
5. Your Rights
You retain your rights to any Content you submit, post or display on or through Bryllyant. In order to make Bryllyant available to you and other users, Bryllyant needs a license from you. By submitting, posting or displaying Content on or through Bryllyant, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Bryllyant to provide, promote, and improve Bryllyant and to make Content submitted to or through Bryllyant available to other companies, organizations or individuals who partner with Bryllyant for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Bryllyant, or other companies, organizations or individuals who partner with Bryllyant, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through Bryllyant.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of Bryllyant, 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 syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Bryllyant will not be responsible or liable for any use of your Content by Bryllyant 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.
6. Your License to Use Bryllyant
Bryllyant gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Bryllyant as part of the Bryllyant Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of Bryllyant as provided by Bryllyant, in the manner permitted by these Terms.
7. Bryllyant Rights
All right, title, and interest in and to Bryllyant Services (excluding Content provided by users) are and will remain the exclusive property of Bryllyant and its licensors. Bryllyant is protected by copyright, trademark, and other laws of both the United States and foreign countries. Bryllyant reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Bryllyant or Bryllyant 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.
8. Restrictions on Content and Use of Bryllyant
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on Bryllyant, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Bryllyant, its users and the public.
You may not do any of the following while accessing or using Bryllyant: (i) access, tamper with, or use non-public areas of Bryllyant Services, Bryllyant’s computer systems, or the technical delivery systems of Bryllyant’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search Bryllyant Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Bryllyant (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Bryllyant (NOTE: crawling Bryllyant Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping Bryllyant Services without the prior consent of Bryllyant is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use Bryllyant Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing Bryllyant Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on Bryllyant Services.
9. Copyright Policy
Bryllyant respects the intellectual property rights of others and expects users of Bryllyant Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Bryllyant will also terminate a user’s account if the user is determined to be a repeat infringer.
10. Ending These Terms
The Terms will continue to apply until terminated by either you or Bryllyant as follows.
You may end your legal agreement with Bryllyant at any time for any reason by deactivating your accounts and discontinuing your use of Bryllyant.
We may suspend or terminate your accounts or cease providing you with all or part of Bryllyant Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of Bryllyant Services to you is no longer commercially viable. We will make reasonable efforts to notify you through the Bryllyant Services, or the next time you attempt to access your account, or by an email address you have provided us (if applicable).
In all such cases, the Terms shall terminate, including, without limitation, your license to use Bryllyant Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.
Nothing in this section shall affect the rights of Bryllyant to change, limit or stop the provision of Bryllyant Services without prior notice, as provided above in section 1.
11. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Bryllyant and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "Bryllyant Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. Bryllyant Services Are Available "AS-IS"
Your access to and use of Bryllyant Services or any Content is at your own risk. You understand and agree that Bryllyant Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, BRYLLYANT DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Bryllyant Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of Bryllyant or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of Bryllyant, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by Bryllyant; (iv) whether Bryllyant will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Bryllyant Entities or through Bryllyant, will create any warranty not expressly made herein.
Bryllyant Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Bryllyant Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRYLLYANT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE BRYLLYANT; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON BRYLLYANT, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM BRYLLYANT; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BRYLLYANT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID BRYLLYANT, IF ANY, IN THE PAST SIX MONTHS FOR BRYLLYANT SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT BRYLLYANT HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. General Terms
A. Waiver and Severability
The failure of Bryllyant to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Entire Agreement
We may revise these Terms from time to time, and the most current version will always be at https://bryllyant.com/terms/. If the revision, in our sole discretion, is material we will notify you through Bryllyant Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 10 above. By continuing to access or use Bryllyant Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us email@example.com.