Rewali, Inc. Terms of Service
Updated October 14, 2021
We may modify the Terms from time to time and each modification will be effective when it is posted on the Service. We will notify you of substantive modifications to these Terms the first time you access the Service following any such modification, and you agree to be bound to any changes to the Terms through your continued use of the Service.
You need an account in order to use most of the features we’ve built. It is your responsibility to keep your password safe as you are responsible for all activity associated with your profile. If you feel someone has accessed your account who is not supposed to you can use the help form on the website or email us at [email protected].
To create an account, you are required to provide us with your name and valid email address. Alternatively, you may register with us through your account with certain third party social networking services, including Facebook, Google, and LinkedIn (collectively, "SNS"). When you register through your SNS account, you will be asked to login to the Service using your SNS account credentials. By creating an account via your account with an SNS, you are allowing us to access your SNS account information and you are agreeing to abide by the applicable terms and conditions of your SNS in your use of the Service via such SNS. You have the option to disable the connection between your Braincandy account and SNS account at any time by accessing the SNS account and disconnecting access to the Service.
As a User, you may invite others to create an account. To invite someone to use the Service, you must provide their first name and valid email address. Upon collection of this information, we will send the invitee an invitation to access the Service, followed by one reminder if an account has not been created within one week.
Our site is not meant for users under 16 years of age. If we discover that an account has been created by a user under 16 or that a User has invited someone under 16, we will terminate the account.
braincandy.com is not designed as primarily a content sharing service and is not intended to be used as a social media platform. However, there are types of content that can be shared to other users such as stack titles and descriptions (book groupings created by Users and the Service), book tags, and book notes. When sharing this content it is your obligation and responsibility to ensure that none of the content is:
- Glorifying of or incites violence or harm against anyone, including children
- Hate speech including attacks on an entire class of people because of a characteristic they share
- Under copyright to someone else or in any other way breaks the law
- Includes personal information, whether your’s or someone else’s
We may, at our discretion, work with you to fix your content or suspend your permission to use our site if you violate the user content guidelines above. You agree that we will have no liability to you or any third party for termination of your account or removal of your content or blocking of your access to our products and services.
When you post or create content you retain ownership of that content and provide us with the right to use the content to deliver the Services. More specifically, you are granting us a worldwide, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all ways. You are also promising that you have the right to what you post on our site, specifically you represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit.
We are not responsible for what our users post. We have rules which we will enforce but we do not monitor every single thing our users create. If you see content that you believe is in violation of these policies, please let us know by using the contact forms on the site or emailing [email protected].
We own the braincandy.com and Rewali, Inc. products and services including our websites, apps, logos, APIs, code and content created by our employees. All right, title and interest in these products and services, (excluding content created by our users as outlined in User Content section of this agreement) will remain the exclusive property of Rewali, Inc. it’s licensors and successors and remain our exclusive property. We are protected by copyright and trademark laws in both the United States and other countries.
By agreeing to these terms of services you agree that you WILL NOT:
Attempt to access or tamper with or use non-public areas of the platform or website or in any way disable or interfere with product offerings including testing or probing for vulnerabilities.
Copy, modify, create derivative work from, or reverse engineer or otherwise attempt to discover any source code or access any data owned or managed by Rewali, Inc.
Access in a robotic or automated manner our platforms, services or websites without specific permission. Crawling the site is permissible within the provisions of the robots.txt file.
We use a company we do not own to process payments for braincandy.com purchases and subscriptions. When you make a purchase or sign-up for a subscription you agree to the terms of service of that company regarding your payment and payment information. The company we use for payments may change from time to time at our discretion.
We are a participant of affiliate programs from which we may earn revenue when you make qualifying purchases after following a link from braincandy.com. The affiliate programs we are participants of, and their respective websites, are:
- Amazon Associates Program (amazon.com)
- Books-A-Million Affiliate Program (booksamillion.com)
- Bookshop Affiliate Program (bookshop.org)
We respect copyright law and expect users to do the same. It is our policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides a remedy for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Service infringe your copyright, you may send us a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must comply with the DMCA and include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed; (ii) identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works); (iii) identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Service; (iv) your name, address, telephone number, and email address (if available); (v) a statement 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send our Copyright Agent a counter-notice containing the following information to the Copyright Agent: (a) Your physical or electronic signature; (b) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the state of Washington, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored in 10 business days or more after receipt of the counter-notice, at our sole discretion.
Notices and counter-notices with respect to the Service should be sent to:
Attn: Copyright Enforcement
PO Box 3045
Kirkland WA 98083
Email: [email protected]
Our goal is to create a great consumer experience and deliver high quality products. But sometimes things go wrong. We do not warrant or promise that our products will work perfectly or be available forever. We also are not liable to you for any delay or failure to perform any obligation under these Terms and associated policies if the delay or failure is due to events beyond our reasonable control such as (but not limited to) strikes, blockades, war, acts of terrorism, riot, natural disaster, power outages, network outage, cloud service provider failures, or acts of the government.
If we waive any of our rights in any particular instance, or if we choose not to enforce them at a particular time, it does not mean that we are waiving our rights generally or in the future and retain the right to enforce them at a later date. We may assign these rights to another company or person without restriction.
braincandy.com and its related services are delivered AS IS and AS AVAILABLE basis. We expressly disclaim all warranties of any kind including but not limited to implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We also don’t warrant that our product will meet your requirement or that it will be available in an uninterrupted, timely or error-free basis, that you will receive any specific outcome or benefit from using the service.
We do not guarantee that braincandy.com will be available for any period of time in any particular manner or availability. We reserve the right to change the functionality and how it is accessed at any time including ceasing making available any of the sites or services in part or in whole. Under no circumstances will Rewali, Inc. or its affiliates, suppliers, partners, or agents be held liable for any damages due to such changes, interruptions, or lack of availability.
You are accessing the website and the content at your own risk and discretion. Braincandy.com and Rewali, Inc. shall not be responsible for any damage caused to your computer, phone or tablet caused by using or accessing the website or app including the introduction of bugs, viruses or trojan horses.
Limitation of Liability and Indemnification by You
To the fullest extent permitted under law, Rewali, Inc. and its affiliates, suppliers, partners and agents have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability, or otherwise) for any indirect, incidental, special, punitive, or consequential damages or liabilities (including, but not limited to, any loss of data or content, revenue or profit, or personal injury or death) arising from or related to your use of the platforms, service, or any content provided by or through the platforms or service, even if we have been advised of the possibility of such damages in advance.
This limitation applies to damages arising from (i) your use or inability to use the platforms and access the services; (ii) cost of procurement of substitute products or services; (iii) unauthorized access to or alteration or distribution of content you submit through the platforms; (iv) third party content made available to you through the platforms; (v) any other matter relating to any aspect of the platforms and service, including the website, the API, any present or future apps, email communications, and braincandy.com content on third party sites.
Some countries and states do not allow the limitation or exclusion of incidental, consequential, or other types of damages, so some of the above limitations may not apply to you. Notwithstanding anything to the contrary contained herein, Rewali, Inc.’s liability and the liability of each of its affiliates, suppliers, partners, and agents to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100.00) or the amount you have paid us in the past twelve (12) months.
You agree to indemnify, defend, and hold harmless Rewali, Inc. and its affiliates, suppliers, partners, and agents from and against any claims, demands, losses, damages, or expenses (including reasonable attorneys’ fees) arising from the content you post or submit, your use of and connection to the braincandy.com and Rewali, Inc. websites, applications, API, and any other aspect of the platforms or services, your violation of these Terms or your violation of any rights of any third-party. Your indemnification obligation will survive the termination of these Terms and your use of the platforms and services.
Binding Agreement & Governing Law
Rewali, Inc. operates the Service from its offices within the United States. The Service is designed for Users within the United States, and Rewali, Inc. makes no representations that content and materials on the Service are legal or appropriate for use from outside of the United States. If you choose to access the Service from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.
These Terms will be governed by and construed in accordance with the laws of the state of Washington without regard to its conflict of laws provisions. Any action brought against Rewali, Inc. to enforce these Terms or matters related to the Service will be brought in either the state courts or, if there is exclusive federal jurisdiction, the federal courts of the state of Washington. Any claim or cause of action you have with respect to use of the Service must be commenced within one (1) year after the claim arises. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees. If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and Rewali, Inc. concerning your use of the Service.
The official language of these terms is English. If there is a conflict between the English language version and any translation, the English language version will prevail.
If you need to reach us for any reason, you may email us at [email protected] or by using the help form on braincandy.com.
If you need to mail us something, you may do so at:
PO Box 3045
Kirkland WA 98083