Effective Date: January 15, 2025
Welcome to www.brainlush.com. This website is owned and operated by BrainLush Media Inc. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this agreement (hereafter referred to as ‘Terms of Service’), along with the terms and conditions as stated in our Privacy Policy.
This agreement is in effect as of the date listed above. We reserve the right to modify these Terms of Service at any time without notice. You acknowledge and agree that it is your responsibility to review these Terms of Service periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
BrainLush Media Inc. is a creative digital marketing agency that provides strategic marketing and communications services, with expertise in the life sciences, biotech, and innovative technology sectors.
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
You understand and agree that:
a. To access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical, or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as contact forms, chat features, or other communication methods. You understand that we generally do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, it is your personal responsibility to use these tools in a responsible and ethical manner. By using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iv. Impersonates any person or entity, including any BrainLush Media Inc. employees or representatives.
We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with these Terms of Service, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other third-party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any third party copyrights or trademarks, becomes the property of BrainLush Media Inc., and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers to and applies to content posted via open communication tools as described, and does not refer to information provided as part of the registration process, which is necessary to use our Resources. All information provided as part of our registration process is covered by our Privacy Policy.
i. You agree to indemnify and hold harmless BrainLush Media Inc. and its directors, officers, employees, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms of Service. In such an event, you shall provide us with such cooperation as is reasonably requested by us.
Your privacy is important to us, which is why we’ve created a separate Privacy Policy to explain in detail how we collect, manage, process, secure, and store your personal information. Our Privacy Policy is included under the scope of these Terms of Service. To read our Privacy Policy in its entirety, please visit our Privacy Policy page.
Our website may contain links to other websites (“Linked Sites”). The Linked Sites are not under our control, and we are not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.
Certain services made available on our website may be delivered by third-party sites and organizations. By using any product, service, or functionality originating from our website, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service, or functionality on behalf of our users and clients.
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) The use of our Resources will meet your needs or requirements. ii) The use of our Resources will be uninterrupted, timely, secure, and/or free from errors. iii) The information obtained by using our Resources will be accurate or reliable, and iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and you are solely responsible for any damage to your computer or other devices or any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from BrainLush Media Inc. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms of Service.
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. BrainLush Media Inc. will not be liable for any direct, indirect, incidental, consequential, or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on brainlush.com, including but not limited to text, graphics, website name, code, images, and logos, are the intellectual property of BrainLush Media Inc. They are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display, or transmission of any content on this site, is strictly prohibited, unless specifically authorized by BrainLush Media Inc.
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
These Terms of Service are governed by the laws of the State of Delaware. Any disputes arising from these terms will be resolved in the courts of the State of Delaware.
BrainLush Media Inc. reserves the right, in its sole discretion, to change these Terms of Service from time to time. Amendments to these Terms of Service will take effect when we publish the revised Terms on our website. The most current version of the Terms will supersede all previous versions. We encourage you to review the Terms periodically to stay informed of our updates.
If you have any questions or comments about these Terms of Service, you can contact us at:
BrainLush Media Inc.
2207 Concord Pike #718
Wilmington, DE 19803
Email: support@brainlush.com
UNLESS OTHERWISE EXPRESSED, BRAINLUSH MEDIA INC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
