Terms of Use
Thanks for actually coming to read this. I know its long and complicated, but these are three key requirements:

 

1) Do not contact other members if you are outside of their match age range.
2) Be truthful in your profile.
3) While we greatly encourage freedom of expression in all its forms on this site, it is very important to realize that certain malicious and hurtful language is not appropriate here.

Repeated violations of either of these may result in your removal from the site without warning.

 

 


 

This Terms of Use Agreement sets forth the standards of use of the BrainiacDating.com Online Service ( hereafter referred to as "the site") for Registered Members and users of Brainiac Match Facebook Application (hereafter referred to simply as Members). By using the BrainiacDating.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all use of this website. This website is provided as a service intended to find a date (romantic partner), by Social Universe - a Delaware LLC (hereafter referred to as the company).

We (the "Company") reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

 

Note that we do not run background checks on members nor screen against the national sex offender registry. As with commonsense practice, we urge members to meet for the first time in public and to tell a friend or family member where the date will take place.

 

Anyone can join the site as long as they agree to the code of conduct as described below. A "Brainiac" by the common definition indicates a concept of high intelligence, but it does not mean having an IQ of 150, or having certain academic credentials, or having to pass a certain test to gain admission. However, the profile you post on this site should contain appropriate and reasonable answers to profile questions. For example, profiles filled out with numerous grammatical mistakes or have incomprehensible or inconsistent responses will be rejected. Posting a location that does not match your IP address is not acceptable, and your profile might be rejected unless prior notice was given to explain the IP address discrepancy. Secondly, profile questions that appear to be copied and pasted from elsewhere ( plagiarized) and do not reasonably answer the posed question shall result in the removal of the entire profile from the website. More conditions are described below, so please read carefully. These steps, while seeming draconian, are indeed needed to catch fraudulent and improper activity as described below. Members of the site should be on the alert and report any suspicious activity to us at the contact email address provided below. The activity on this site is monitored by a site administrator who can be contacted at support@brainiacdating.com or at the address given below.

 

GENERAL PRINCIPLES:

 

You must be 18 years of age or older to visit or use this website in any manner. By visiting BrainiacDating.com or accepting these Terms of Use, you represent and warrant that you are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to BrainiacDating that you will use this website in a manner consistent with any and all applicable laws and regulations in your the area where you reside and use this site.

 

In order to maintain a quality service, the company will take a very conservative approach when dealing with member activity that might be on the margin of a suitable code of conduct as stated below.

 

The company hereafter reserves the right to remove any member from the site, including removing the member's profile as well as blocking the members IP address from accessing the site, and this can be done without prior warning, or notice, and is at the sole discretion of the company.

 

1. Description of Service

 

The company provides members with a dating site for singles called BrainiacDating.com. Members must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection. The site contains a variety of free and paid membership levels. Details are subject to change and are available once members log into the site.

 

2. Disclaimer of Warranties.

 

The site is provided by Social Universe, LLC. on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, the Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. The Company shall have no liability for any interruptions in the use of this site. The Company disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

 

3. Limitation of Liability

 

SOCIAL UNIVERSE, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SOCIAL UNIVERSE, LLC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SOCIAL UNIVERSE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

 

4. Indemnification

 

You, the Member agrees to indemnify and hold Social Universe, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

 

5. Members Account

 

All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Social Universe, LLC. of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Social Universe, LLC.

 

6. Member Code of Conduct

 

Member agrees to use the Service in accordance with the following Code of Conduct:

 

a. This site is intended to help you find a date (romantic activity). Any other use of the site is not acceptable. Hence profiles posted on the site need to be consistent with this purpose and filled out in a suitable manner to achieve this goal.

 

b. You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;

 

c. You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, sexual, toilet humor, malicious, or offensive language of any sort. Rude or condescending language will also not be tolerated, and member communication will be expected to be cordial and polite at all times. You should not contact any other members, except for the sole purpose as described in 6a.

 

d. you will not forward chain letters through the Service;

 

e. you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;

 

f. you will not post messages, pictures or recordings or use the Service in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law; and

 

g. you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.

 

h. you will not use the Service to distribute or up load any virus, trojan horses or do anything else that might cause harm to the Service, BrainiacDating.com systems or to other members' systems in any way.

 

i. you will not post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, aim, telephone numbers, postal addresses, URLs, or full names through your publicly posted information. Neither will you request members send you their email addresses or contact information.

 

j. You will not overuse the messaging system by sending out in any 24 hour period: more than 20 winks, or more than 40 emails, or more than 100 text messages. You may in fact have a legitimate reason for exceeding these limits, so we use our discretion when applying this rule.

 

k. Your profile needs to be filled out with intent to show that each member is well above average intelligence, and is in accordance with the spirit of the site. We will not accept any profiles that do not meet minimal acceptable standards for this service. Profiles that are not filled out completely, filled with gibberish, or rife with grammatical errors will not be accepted, and are subject to removal.

 

l. Do not post pictures or videos of anything else besides yourself. Unless there is an obvious reason for this relating to the purpose of this site, your profile and/or photos will be removed without notice. Your primary photo must show you in it - with your face clearly visible. Secondary photos can be used to compliment your profile.

 

The location posted in your profile must match that of your IP address by country and region (city, state, province, etc.). If it does not your profile may be removed, unless you write to us in advance and explain your reason for doing this.

 

m. Sending out template (copy and paste or duplicate), mass email is generally not acceptable. Emails should be uniquely composed and based on the other member's profile and/or any previous email contact that you have had with that member. * Sending out more than ten identical emails within a 24 hour period will result in immediate removal from the site. *

 

n. Sending email to other members that are well outside their match age range or other parameters is not acceptable. For example, if you are a 45 year old male, you should not be writing to a 20 year old female that is looking for someone under 25 years old. Or if you are a 24 year old male you should not be contacting a 35 year old woman unless she permits this in her match age range. You need to be considerate of the requirements for contact of the other members, failing to do so on a repeated basis can result in your removal from the site.

 

o. As a member of this site you agree to receive opt-in to mass mailings by the company regarding news about the site, including but not limited to: special offers, feature enhancements, milestones, contests and service updates. In general, the site will not do any mass mailings, but we reserve the right to do so, and you will then have the opportunity to opt-out of such mailings should you so desire.

 

p. At this time we are generally not accepting new members that are from outside the United States, the UK, Ireland and Canada, however interesting profiles that prove the applying member has a serious desire to meet an intelligent companion will be accepted.

 

q. All materials placed on this site become the sole property of the company (except member photos), however if suspended for violating the terms of use, you may lose the rights to remove your profile as we may keep it internally for recording purposes.

 

r. Use of anonymous proxy is not allowed. If we cannot recognize your IP address, your profile will be removed

 

Any violation of the code of conduct can lead to immediate removal from the website without prior notice.

 

7. Removal From the Site and Member Complaints

 

Any member can be removed from the site at the sole discretion of the site administrator. No explanation of any sort need be given for the removal. While the administrator will generally not remove any member that is using the site within to the code of conduct described here, there may be additional grounds for removal based on information provided by another member. It shall not be necessary to notify of the removal reason - should it come from information provided by another member. However, the administrator will not accept anonymous complaints, and all complaints will be investigated within the context of the data available on the site.

 

8. Modifications and Interruption to Service

 

Social Universe, LLC. reserves the right to modify or discontinue the Service with or without notice to the Member. Social Universe, LLC. shall not be liable to Member or any third party should Social Universe, LLC. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Social Universe, LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

 

9. Third-Party Sites

 

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

 

10. Disclaimer Regarding Accuracy of Vendor Information on the site

 

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Social Universe, LLC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

 

Social Universe, LLC. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

 

11. Governing Jurisdiction of the Courts of Delaware

 

Our website is operated and provided in the State of Delaware As such, we are subject to the laws of the State Delaware and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Delaware.

 

12. Compliance with Laws.

 

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

 

13. Copyright and Trademark Information

 

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008-2017 BrainiacDating.com, will all rights reserved, or is the property of Social Universe, LLC. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Social Universe, LLC. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Social Universe, LLC.

 

Brainiac Dating is a proprietary mark of Social Universe, LLC. BrainiacDating.com’s registered trademark may not be used in connection with any product or service that is not provided by Social Universe, LLC., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Social Universe, LLC.

 

All other trademarks displayed on BrainiacDating.com’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Social Universe, LLC.

 

 

By Email: support@brainiacdating.com
Writing:
P.O. Box 5145
Santa Clara CA
95056
United States

 

14. Botnets

 

Social Universe, LLC retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Social Universe, LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

 

15. Other Terms

 

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Social Universe, LLC, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.



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