Terms of Use

  1. Not for minors.

    This site is to be used only by persons 18 years of age and older. Although this site is not an adult website as such, the brain stimulation and training products featured here, as well as discussions and related information, are not for use by minors.

  2. Third party content.

    Brain.fm allows users to post public information to the app. While Brain.fm does not routinely monitor such postings and exercises no control over them, Brain.fm reserves the right to do so and to remove any posting in whole or in part, for any reason or no reason.

  3. Disclaimers of Warranty.

    This site is offered on an AS IS, AS AVAILABLE basis. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE.IT IS ALSO SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, USEFULNESS OR VALIDITY OF ALL OPINIONS, ADVICE, SERVICE, PROMOTIONS, ADVERTISEMENTS, AWARDS, PRIZES OR OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL SERVICES AND/OR MERCHANDISE, PROVIDED BY OR THROUGH BRAIN.FM. BRAIN.FM MAKES NO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS, EXPRESS OR IMPLIED AS TO THE ACCURACY, QUALITY, COMPLETENESS, NON‑INFRINGEMENT, OWNERSHIP, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE OF ANY INFORMATION, GOODS OR SERVICES ACCESSED THROUGH BRAIN.FM. BRAIN.FM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

  4. Limitation of Liability.

    BRAIN.FM WILL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES WHICH YOU OCCCUR IN CONNECTION WITH THE USE OF THIS SITE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON BRAIN.FM SERVER, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF BRAIN.FM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

  5. Acceptable Use Policy.

    1. You will not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise unlawful.

    2. You will not upload, post, publish, transmit, reproduce, or distribute in any way, information, software, or other material which is protected by copyright, or other proprietary right, without obtaining permission of the owner of such rights.

    3. You will not use our service to commit a crime, or to plan, encourage or help others to commit a crime.

    4. You will not post or transmit requests for money, petitions for signature, chain letters or letters relating to pyramid schemes

    5. You will not post or transmit any advertising, promotional materials or any other form of solicitation.(Brain.fm reserves the right to determine whether any post or transmission constitutes an advertisement, promotional material or any other form of solicitation)

    6. You will not upload excessive posts, or off-topic posts.

    7. You will not send unsolicited commercial email to any other participants

    8. You will not impersonate another user or otherwise falsify one's user name in e‑mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists.

  6. Proprietary Rights.

    By posting messages, uploading files, inputting data, or engaging in any form of communication (collectively, "Communications") in or through Brain.fm, you are granting to Brain.fm a perpetual, worldwide license (the "License") to use, copy, modify, adapt or document such Communications. The License does not, however, grant Brain.fm any ownership rights in or to your Communications. You shall have no recourse against Brain.fm for any alleged or actual infringement of any proprietary rights to which you may claim ownership. Brain.fm's ownership rights in its services include, but are not limited to, the look and feel of the end user interfaces associated with this web site, and the collective works consisting of all messages on the web site. You may not reproduce any sequence of messages from our web site without our written permission.

  7. Miscellaneous.

    These Terms of Service constitutes the entire agreement between Brain.fm and you with respect to the Service. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Service shall be an appropriate state or federal court located in Columbus, Ohio. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of these Terms of Service shall continue in full force and effect. You may not assign these Terms of Service or your rights or obligations hereunder without the prior written consent of Brain.fm.