Brinewave.com Membership Policies
You become a Member of Brinewave.com by completing our registration (registration is free). These Membership Policies are part of a legal document that explains your rights and obligations as a Brinewave.com Member. Please read it carefully.
Brinewave.com Membership Basics
Membership allows you to participate in certain games and activities on Brinewave.com. If there is any conflict between these Membership Policies and any other rules or instructions posted on Brinewave.com, Brine wave shall resolve the conflict in its sole discretion.
When you accept this Agreement and complete Brinewave.com's registration process, you create a Brinewave.com account ("Account") and select a login name and password. Your login name is your online identity. You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the Terms of Service. You may not provide false information during the registration process. AVINUS Technologies will determine what is offensive or vulgar at its sole discretion. In addition to a username and password, during the registration process you will also be required to provide your gender, date of birth and email address.
AVINUS Technologies reserves the right to limit Member access to the Brinewave.com website, as well as Member privileges, until "Activation" is performed by the user. An "Activation" consists of a Member providing a valid E-Mail address to Brinewave.com in which Brinewave.com can validate the authenticity (or uniqueness) of the member. Prior to "Activation", Members may participate in some game play and other activities on Brinewave.com, but will be unable to chat or perform any task in which a Member's content would be displayed publicly (luding but not limited to chat rooms, message boards, e-greetings, and entering prizes) Members are not required to "Activate" their accounts and may continue to play games on Brinewave.com without doing so, however members are encouraged to "Activate" their accounts in order to fully enjoy all of the features that Brinewave.com has to offer.
You are solely responsible for all activity on your Account and for the security of your computer system. It is important that you not reveal your password to other users. Brinewave.com will not ask you to reveal your password or ever initiate any contact with you asking for your reminder words. (If you forget your password, you can tell us your reminder words and we will send you your password.) You agree not to reveal your password to other users. You agree to indemnify and hold Brinewave.com harmless for any improper or illegal use of your Account. This ludes illegal or improper use by someone to whom you have given permission to use your Account. Your Account is at risk if you let someone use it inappropriately and your membership is subject to termination if you or anyone using your Account violates our Terms of Service. If your Account is terminated, you may not join Brinewave.com again without our express permission. You may not sell or charge others for the right to use your Account.
Online Conduct and Content
Please refer to Section 1 for details. If you, or anyone using your Account, violate our online conduct or Content standards, Brinewave.com may take action against your Account. We may issue you a warning about the violation, or we may choose to immediately terminate your Account. You acknowledge that Brinewave.com is not required to provide you notice before terminating your Account, but it may choose to do so.
Indemnification
Upon request by Brinewave.com, you agree to defend, indemnify and hold harmless AVINUS Technologies and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, luding attorneys' fees, that arise from a breach of this Terms of Service for which you are responsible or in connection with your transmission of any Content on Brinewave.com. Brinewave.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Brinewave.com in that matter. This Section shall survive termination of this Agreement.
Updates and Modifications
AVINUS Technologies may update or revise the Terms of Service at any time. By becoming a Member of Brinewave.com, you agree that AVINUS Technologies. may change the Terms of Service. If we revise the Terms of Service, such revision shall be effective immediately after posting the new Terms of Service on Brinewave.com. You agree to review the Terms of Service periodically to become aware of such revisions. You can view the Terms of Service at any time by clicking on the Terms of Service link at the bottom of our Brinewave.com home page. Your continued use of the Service after a revised Agreement is posted on Brinewave.com will mean that you accept all such revisions. If you don't agree to the changes, or to any of the terms in this Terms of Service, your only remedy is to cancel your Account.
Termination
Either you or AVINUS Technologies has the right to terminate or cancel your Membership at any time. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with AVINUS Technologies. This ludes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Terms of Service or AVINUS Technologies enforcement or application of this Agreement; (2) any policy or practice of Brinewave.com, luding the Rules of Play and the Privacy Policy, or AVINUS Technologies enforcement or application of these policies; (3) the Content available through Brinewave.com or any change in Content provided through Brinewave.com; or (4) your ability to access and/or use Brinewave.com.
You can cancel your Membership or a particular subscription by delivering notice to Brinewave.com's Customer Service Department at Accounts@Brinewave.com. Active Brinewave.com Members may not allow former Members whose Memberships have been terminated by Brinewave.com to use their Accounts.
Termination of a Membership by any means will result in the loss of all accumulated points, "Brine wave Credit", contest entries and other web site benefits. These cannot and will not be recovered for any reason.
Other Legal Terms
You agree that this Terms of Service is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the Brinewave.com Terms of Service, ludingBrinewave.com's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of New Jersey, excluding its conflicts-of-law rules, govern this Agreement and your Membership. As noted above, Member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Brinewave.com or relating in any way to your Membership or your use of Brinewave.com resides in the courts of New Jersey and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of New Jersey in connection with any such dispute luding any claim involving AVINUS Technologies. or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.
You agree to abide by NIGERIA and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Brinewave.com any data or software that cannot be exported without prior written government authorization, luding, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.