To engage in the services offered throughout the Brinewave.com web site, it is important that you read and agree to our Terms of Service. By joining Brinewave.com, you accept these terms as an indication of your understanding of the same. If you do not agree to these terms, then you must not join or become a member (Member) or use Brinewave.com. This version of our Terms of Use was last modified on July 23, 2015.
Brinewave.com, an online game service dedicated to AVINUS Technologies' and its affiliates' games ("Brinewave.com" or the "Service"), is offered by AVINUS Technologies.
The following Sections make up Brinewave.com's Terms of Service ("TOS"):
Your use of Brinewave.com is subject at all times to our Rules of Play and our Terms of Service. You may become a Member of Brinewave.com by registering on our site. To be a Member, you must accept all of the terms and conditions of the Terms of Service. If you have questions about any of these documents, please contact us by sending e-mail to support@Brinewave.com.
The Rules of Play tell you what you can expect on Brinewave.com, and the kind of online behavior we expect of you. It also contains the terms on which we make the Service and any software available. Our Member community is always evolving, so it's important that you periodically check here (as well as the rules and instructions in your favorite game areas) for updates and new information. All of our games, activities and other services, regardless of when they are added to Brinewave.com are governed by our Terms of Service.
The use of machines, computers that automatically play games, scripts or ANY automated systems to play Brinewave.com games, or use of any method to change, alter, interfere or otherwise modify scores, points, entries or Brine wave Credit is STRICTLY PROHIBITED and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the Nigeria Code. Brinewave.com can and will terminate the account of and permanently disqualify any entrants who Brinewave.com, in its sole discretion, determines as being in violation of the Brinewave.com Terms of Service.
"Playing a Game" constitutes using the game software that is downloaded to the client computer in a browser window generated by the Brinewave.com site. Using the downloaded game software in a manner not consistent with its intended use, intercepting or sending falsified code or information, or using game software with modified game code, or playing in any manner which gives 1 Member an unfair advantage is considered CHEATING and WILL void all scores accumulated in this matter and will result in the immediate termination of the Member Account.
AVINUS Technologies reserves the right to terminate the Account a Member found to be cheating or in violation of the Brinewave.com Terms of Service and delete all accumulated Brine wave Credit, Points and Contest Entries.
Brinewave.com may lode hyperlinks to websites operated by parties other than Brinewave.com, loding advertisers and other content providers. Those sites may collect data or solicit personal information from you. Brinewave.com does not control such websites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
When you connect to Brinewave.com, we may retrieve information from the computer used to log onto the Service about the computer's hardware system and any data related to the computer's operation of Brinewave.com software. We will not collect any personal information about you, however, without your knowledge and consent as stated in our Privacy Policy.
You acknowledge and agree that your communications with other users via chats, conferences, message boards, and any other avenues of communication on this Service are public and not private communications, and that you have no expectation of privacy concerning your use of this Service. You acknowledge that personal information that you communicate on this Service may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on our Service. AVINUS Technologies is not responsible for information that you choose to communicate to other users on the Service, or for the actions of other users.
You may not advertise any goods or services on Brinewave.com. Chain letters, MLM (Multi-Level Marketing) and pyramid schemes are not allowed. You may not use any area of Brinewave.com to collect information, loading login names, about Brinewave.com Members, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit Brinewave.com, or any games or services offered on Brinewave.com for any commercial purpose. Any violation of these provisions can subject your Brinewave.com Account to immediate termination and further legal action.
All of the Content available on Brinewave.com is owned by AVINUS Technologies and is protected by copyrights, trademarks, and other intellectual property rights. It is very easy to copy things in cyberspace, but that doesn't make it acceptable or legal. You shall not copy or download any Content from Brinewave.com unless we have expressly authorized you to do so in writing.
You must also have the legal right to upload any Content to Brinewave.com before you do so.
You shall not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on Brinewave.com, unless AVINUS Technologies. expressly authorizes you to do so. Making unauthorized copies of any Content found on Brinewave.com can lead to the termination of your Brinewave.com Account and may subject you to further legal action. In that event, you agree to indemnify and hold harmless AVINUS Technologies. and its parent, subsidiaries, affiliates, related companies, employees, officers, directors and agents.
Once you post or send any Content to Brinewave.com, loding any electronic communications directly with Brinewave.com such as E-mail or Instant Messenger software, you expressly grant AVINUS Technologies. the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your Member Account name in Brinewave.com's discretion, and without any notice or compensation to you of any kind.
Some games on Brinewave.com may require that you download software onto your computer ("Brinewave.com Software"). AVINUS Technologies grants to you a non-exclusive, limited license to use Brinewave.com Software to play games on our Service. You may not sub-license, or charge others to use or access Brinewave.com Software. You may not use Brinewave.com Software for any other purpose. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Brinewave.com Software.
You may not modify Brinewave.com Software or use it in any way not expressly authorized in writing by AVINUS Technologies. You understand that Brinewave.com's introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by Brinewave.com may vary depending on your computer and other equipment.
BRINEWAVE.COM HAS NO LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE BRINEWAVE.COM SOFTWARE (LUDING LIABILITY FOR ANY CONSEQUENTIAL OR IDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (LUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.
Brinewave.com Software may be subject to Nigeria export controls. By downloading Brinewave.com Software from Brinewave.com, you warrant that you are not located in any country, or exporting Brine wave Software to any person or place, to which the Nigeria has embargoed goods.
YOU EXPRESSLY AGREE THAT THE USE OF BRINEWAVE.COM, BRINEWAVE.COM SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. BRINEWAVE.COM, BRINEWAVE.COM SOFTWARE, BRINEWAVE.COM PRODUCTS, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY APABLE OF EXCLUSION. AVINUS TECHNOLOGIES PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT AVINUS TECHNOLOGIES WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BRINEWAVE.COM IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT AS STATED IN THE TERMS OF SERVICE. YOU ACKNOWLEDGE AND AGREE THAT AVINUS TECHNOLOGIES, ITS SUBSIDIARIES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF BRINEWAVE.COM SOFTWARE. IN NO CASE SHALL AVINUS TECHNOLOGIES.'S OR ITS SUBSIDIARIES', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "BRINEWAVE.COM AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO AVINUS TECHNOLOGIES. FOR THE SERVICE. IN NO CASE SHALL AVINUS TECHNOLOGIES. OR BRINEWAVE.COM AFFILIATES BE LIABLE FOR IDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF BRINEWAVE.COM, BRINEWAVE.COM SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH BRINEWAVE.COM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR IDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AVINUS TECHNOLOGIES.'S AND BRINEWAVE.COM AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. AVINUS TECHNOLOGIES DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH BRINEWAVE.COM AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.