These Conditions of Use (hereinafter, the “Conditions”) describe the terms and conditions applicable to the services and contents offered on the website www.brainstaq.com belonging to the company KOBU Innovative Solutions with registered address at 86, Airport Road, Effurun, Delta State, Nigeria, with Company Registration No. BN 2505922, registered with the Nigerian Corporate Affairs Commission, (hereinafter, “Kobu”).
The acceptance of these Conditions may be carried out by means of their express acceptance when Brainstaq offers this option on its website or by means of the simple access to the Brainstaq website or the mere use of the services and contents provided (as defined later on) through this website.
The provision of the services and contents offered through the Brainstaq website shall always be subject to the acceptance of these Conditions. In the event of failure to accept these Conditions, the User must not enter the Brainstaq website or use the services offered through this website.
Brainstaq reserves the right to modify these Conditions. An updated version shall be permanently available on the website. The use of the services and/or the mere access to the Brainstaq website shall imply the acceptance of any amendment made. Brainstaq recommends users to periodically consult the Conditions as well as their amendments.
The services and contents offered through the Brainstaq website are solely aimed at individuals or legal entities who, in accordance with applicable legislation, have sufficient legal capacity for accepting these Conditions and who have not been excluded by Brainstaq due to having infringed any of their provisions.
Brainstaq offers, free of charge, a platform for sharing, validating and marketing innovations, ideas, solutions, designs, projects as well as any other content related with the world of ideas (hereinafter, “Ideas”), simply acting as intermediaries and enabling communication between those who offer the Ideas and those who request or consult them. In addition to this, Brainstaq shall offer other services and contents related with this exchange, such as, by way of example, the organization and categorization of the Ideas, the possibility to make comments and vote or the possibility of editing contents, creating teams and events, and crowdfunding campaigns. Furthermore, Brainstaq will be able to edit the Ideas provided for the sole purpose of promotion and publicity of the Brainstaq website.
To access and use certain services offered by Brainstaq it is necessary to open a User account and register in the terms described in the epigraph “Registered Account”. For the purposes of these Conditions, both registered Users and unregistered Users shall be called “Users”.
Brainstaq does not exercise any control, nor does it have the means for exercising this control, amongst others, regarding the quality, originality, authenticity, legality, security or validity of the Ideas and other Users’ contributions, nor their veracity or accuracy. Likewise, as the services offered by Brainstaq are just a mere communication platform between Users, Brainstaq shall not be responsible for the use made of the Ideas by any individual or legal entity, or for the suitability or for the results derived, the User being responsible for the results, damages or actions that might arise from their use.
Nor does Brainstaq exercise any control over the content and the information that the Users provide through the Brainstaq website, including the information regarding their legal capacity and identity, in some cases the Users being able to consider this information as offensive, indecent, inaccurate or misleading.The User knows and accepts that it uses the services under its sole and exclusive responsibility and at its own risk.
Consequently, in the event of dispute of any kind (including disputes on the responsibility and/or ownership of the rights over the works) or for any reason between the Users of Brainstaq or any third party, Brainstaq and its management team, representatives, administrators, branches and employees, are exempt from any responsibility for liability claims or damages of any kind and nature (direct or indirect) in any way related to this dispute.
Brainstaq is under no obligation to ensure that the use of the services on the part of the Users complies with the contents of these Conditions. Nevertheless, Brainstaq reserves the right to remove, refuse or cancel access to the services offered through the website without the need to give any notice to those Users that fail to comply with what is established in these Conditions.
The Brainstaq website and the services offered on it are in "Beta", meaning that there may be errors or other deficiencies that affect the functionality of the services offered through the website. Therefore, the services offered through the website could be modified or suspended temporarily or interruptedly without any need for notice. In spite of the above-mentioned, Brainstaq, insofar as possible, shall do its best to inform the Users of these changes or suspensions.
The data provided by the User must be accurate, truthful and complete, the User assuming all the responsibility for their lack of veracity or inaccuracy. Brainstaq reserves the right, without prejudice to any other legal measures at its disposal, to remove, refuse or cancel access to the services should the data provided be false, inaccurate or misleading.
Brainstaq shall ask the User for a Registered User's name as well as an associated password, which shall define their Registered Account. The User shall be responsible for safeguarding the confidentiality of their password and is under the obligation of informing Brainstaq of any problem related with the security of their Registered Account at the following e-mail address firstname.lastname@example.org
Consequently, only the registered User shall be responsible for the activity occurring related with their Registered Account.
For accessing and using the services associated to a Registered Account, it is necessary to use a Registered User's name and associated password.
The Registered Users, pursuant to these Conditions and with the limits set forth herein, shall be able to carry out the following actions related to the services offered through the Brainstaq website:
The registered Users shall have the following services available to them:
Provide Ideas in any of the following ways:
In these cases, the registered Users shall be called “USERS or BRAINERS”.
The same registered User may, at the same time, post comments, vote for the contents submitted by other Users, create Teams, Projects, Events or Crowdfunding Campaigns.
Users are under the obligation to use the services offered through the website in accordance with these Conditions as well as with the corresponding Policies for Use or Specific Conditions that may be drawn up and that shall be included in these Conditions by express remission. The services offered by Brainstaq must be used by the Users at all times in a diligent, legal, non-fraudulent, correct and licit manner, in compliance with moral correctness, best practices and public order; only the User is responsible for the use made of the services as well as for the consequences arising from the failure to comply with these Conditions.
In this sense, the use of the Services offered by Brainstaq through the website is subject to, by way of example, the following restrictions:
For the purposes of these Conditions, Contents are the Ideas provided by the “Users” and all information and contents provided by any User through the website and its functionalities.
The Users shall always be the holders of the rights regarding the Contents they submit, although, so that Brainstaq may provide its services to the User and so that Brainstaq will not interfere with any right regarding the Contents submitted, the Users must grant a series of limited licenses of right in favour of Brainstaq and the other Users as described in the epigraph “Licenses of Use”
Only the User shall be responsible for the Contents it provides as well for their disclosure. Brainstaq does not enforce any control over the Contents submitted by the Users.
In this sense, for the purposes of these Conditions, any Content which does any of the following, by way of example, is specifically forbidden:
In spite of the above-mentioned, Brainstaq reserves the right, with no need for advance notice, to eliminate and/or refuse access to any Content that is contrary to these Conditions.
Brainstaq offers the user two alternatives of licenses when posting an idea:
The User guarantees Brainstaq that it is the sole and exclusive owner of the rights inherent to the Contents that it submits, or that it has the authorization and permits required from the legitimate holders of these rights for the whole time that it uses the services offered by Brainstaq to grant the following licenses required for providing the Users with the services offered by Brainstaq:
By accepting these Conditions and for the sole purpose of Brainstaq being able to provide the services, the User grants Brainstaq, a non-exclusive license, worldwide, free, and transferable over all the intellectual and industrial property rights and any other rights over the Contents (including, but not limited to, texts, photographs, graphics, video and audio explaining the Content) that are necessary for providing the services offered by Brainstaq. Brainstaq reserves the right to use the contents provided by all the Users for the purpose of promoting the services offered through its website, by means of, including, but not limited to, insertion of advertisements in different media or the publication of books.
By means of the acceptance of these Conditions for the sole purpose of Brainstaq being able to provide the services, the User grants the remaining Users of the services offered by Brainstaq through the website, a non-exclusive license, worldwide and free, over all the intellectual and industrial property rights and any other rights over the Contents (including, but not limited to, texts, photographs, graphics, video and audio explaining the Content) that are required so that the rest of the Users may access the Contents submitted by this User and so that the Registered Users may use the services offered by Brainstaq in accordance with what is set forth in these Conditions.
The aforementioned licenses shall be cancelled within a reasonable term starting from the moment the User removes the submitted Content from the Brainstaq website. However, the User knows and accepts that Brainstaq will be able to keep a copy of the Content removed by the User on its servers, which shall not be disclosed in any way.
Brainstaq reserves the right, without incurring in responsibility toward the Users or any other person, at all times and without prior notice, to suspend or interrupt the service definitively or to prevent access to the website if any User fails to comply with any of the provisions laid down in these Conditions, or if Brainstaq cannot corroborate the authenticity of the Contents or of the information provided to Brainstaq, or if Brainstaq considers that the User's actions may incur grounds for responsibility for the User, Brainstaq or other Users.
Likewise, Brainstaq reserves the right, without incurring responsibility for the Users or any other person, at all times, and without prior notice, to remove and/or to deny access to any Content that is contrary to these Conditions.
Any User will be able to contact Brainstaq at the e-mail address email@example.com, or by any other means made available, to report any infringement of these Conditions. Brainstaq reserves the right to take the necessary measures to correct this infringement.
The services offered through the Brainstaq website are offered on an as-is basis, excluding all the express, implicit, legal or any other kind of guarantees, conditions and manifestations, including without any limitation any implicit guarantee relating to quality, performance, availability, absence of errors, commercialization or adequacy for private purposes or use. In this sense, Brainstaq does not guarantee secure, error-free and uninterrupted access to the services that may be affected by numerous factors beyond the control of Brainstaq.
Except for cases of willful misconduct, lack of good faith or serious negligence, Brainstaq, its management team, representatives, administrators, subsidiaries and employees shall not be held liable for anything regarding the Users or any individual for any of the following types of loss or damage deriving from these Conditions or in connection with them:
You undertake to maintain Brainstaq, its management team, representatives, administrators, subsidiaries and employees harmless from and indemnify them for all third-party claims related with the services offered by Brainstaq, including liability or expenses caused by claims, losses, damages of any nature, lawsuits, resolutions, legal costs and solicitors' fees of any nature.
Nothing in these Conditions implies any association or corporate binding between the User and Brainstaq, nor can they be considered any kind of joint venture. They completely exclude any connection or employment relationship between the User and Brainstaq.
These Conditions shall be governed by Nigerian law. Any claim, legal procedure or lawsuit arising in connection with them shall solely be subject to the jurisdiction of the Abuja High Court.