Publications,\nproducts, content or services referenced herein or on the Site are the\nexclusive trademarks or servicemarks of BrainShart Studios. Other product and\ncompany names mentioned in the Site may be the trademarks of their respective\nowners.<\/p>\n\n\n\n
2. Use of the Site.<\/p>\n\n\n\n
You understand that,\nexcept for information, products or services clearly identified as being\nsupplied by BrainShart Studios, BrainShart Studios does not operate, control or\nendorse any information, products or services on the Internet in any way.\nExcept for BrainShart Studios-identified information, products or services, all\ninformation, products and services offered through the Site or on the Internet\ngenerally are offered by third parties, that are not affiliated with BrainShart\nStudios. You also understand that BrainShart Studios cannot and does not\nguarantee or warrant that files available for downloading through the Site will\nbe free of infection or viruses, worms, Trojan horses or other code that\nmanifest contaminating or destructive properties. You are responsible for\nimplementing sufficient procedures and checkpoints to satisfy your particular\nrequirements for accuracy of data input and output, and for maintaining a means\nexternal to the Site for the reconstruction of any lost data.<\/p>\n\n\n\n
YOU ASSUME TOTAL\nRESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. BRAINSHART\nSTUDIOS PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES\nNOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS\nWHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR\nNONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A\nPARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR\nSERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND BRAINSHART\nSTUDIOS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR\nINDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO\nEVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,\nSERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON\nTHE INTERNET GENERALLY. BRAINSHART STUDIOS DOES NOT WARRANT THAT THE SERVICE\nWILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE\nCORRECTED.<\/p>\n\n\n\n
YOU UNDERSTAND FURTHER\nTHAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH\nARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS\nIS AT YOUR RISK. BRAINSHART STUDIOS HAS NO CONTROL OVER AND ACCEPTS NO\nRESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.<\/p>\n\n\n\n
LIMITATION OF LIABILITY<\/p>\n\n\n\n
\nIN NO EVENT WILL BRAINSHART STUDIOS BE LIABLE\nFOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT\nLIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF\nPROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY\nTO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE\nSERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR\nSERVICE. EVEN IF BRAINSHART STUDIOS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN\nADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO\nERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND\/OR MATERIALS OR\nINFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW\nTHE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL\nDAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, BRAINSHART\nSTUDIOS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.<\/p>\n\n\n\n
BrainShart Studios\nmakes no representations whatsoever about any other web site which you may\naccess through this one or which may link to this Site. When you access a non-BrainShart\nStudios web site, please understand that it is independent from BrainShart\nStudios, and that BrainShart Studios has no control over the content on that\nweb site. In addition, a link to a BrainShart Studios web site does not mean\nthat BrainShart Studios endorses or accepts any responsibility for the content,\nor the use, of such web site.<\/p>\n\n\n\n
3. Indemnification.<\/p>\n\n\n\n
You agree to\nindemnify, defend and hold harmless BrainShart Studios, its officers,\ndirectors, employees, agents, licensors, suppliers and any third party\ninformation providers to the Service from and against all losses, expenses,\ndamages and costs, including reasonable attorneys’ fees, resulting from any\nviolation of this Agreement (including negligent or wrongful conduct) by you or\nany other person accessing the Service.<\/p>\n\n\n\n
4. Third Party Rights.<\/p>\n\n\n\n
The provisions of\nparagraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit\nof BrainShart Studios and its officers, directors, employees, agents,\nlicensors, suppliers, and any third party information providers to the Service.\nEach of these individuals or entities shall have the right to assert and\nenforce those provisions directly against you on its own behalf.<\/p>\n\n\n\n
5.Term; Termination.<\/p>\n\n\n\n
This Agreement may be\nterminated by either party without notice at any time for any reason. The\nprovisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use\nof the Service), 3 (Indemnification), 4 (Third Party Rights) and 6\n(Miscellaneous) shall survive any termination of this Agreement.<\/p>\n\n\n\n
Any rights not\nexpressly granted herein are reserved.<\/p>\n