Website Terms & Conditions


Again, welcome to entertainthebrain.com!

I’m very glad you’re here. While you’re visiting this site, I’d like to take just a few minutes of your time to explain the terms and conditions that govern this website and the projects mentioned on it -- including your access to and use of it.

Please take note because, by visiting this site or any part of it, you agree to be legally bound by these Website Terms and Conditions. For reading ease, I’ll refer to these Website Terms and Conditions as either the “Terms and Conditions” or the “rules”. Yup, my lawyer said we need a binding agreement and he won this argument, so thems the rules -- or, rather, here’s the rules:

1. Changes to the Ts & Cs. I may occasionally update or change these Terms & Conditions. Changes will apply as soon as I post them, so please keep an eye out.

2. Who Owns What. Between you and me, I own all rights, title, and interest -- the whole kit-n-kaboddle -- in all content, works, ideas, inventions, and what-have-yous on this site. This ownership is exclusive -- no sharesies. The only exception to my exclusive ownership rule is that, between you and me, you may own any content that you post on the Forum page or that you send me via email. However, your posts and emails are subject to further rules below, so please keep reading.

3. The Limited License.

I grant you a limited license right to access and view the materials on this website solely for your own personal, non-commercial use. However, it’s my party and I’ll do what I want to. Therefore, I reserve the right to revoke this license right at any time for any reason or no reason at all, with or without notice.

You may also download, copy, and share with others any materials that are clearly identified on the site as materials for download. These materials are also subject to the personal, non-commercial use only rule (see above).

You may not modify this website or any of the downloadable materials, or remove or obscure any attribution (that is, any statement that attributes the work to me, E.T. Brain, or this website) or website links that I have placed on any part of this website or in the materials. This rule is a condition upon which the limited license rights granted to you above are based. Thus, if you break any part of this rule, all of the stated license rights granted to you in this Section 3 immediately go poof, as if they were never there.

Just to be clear -- my goal is to provide an enjoyable, entertaining experience
and to make money on my content. So, if you would like to use any of these materials on a commercial basis or in any way not permitted here, or know anyone who would, please let me know so that we can talk further. Operators are standing by...

4. Forum Posts, Emails and Other Input from TV Land.
If you post on the forums or send me emails, as stated above, that’s yours. However, at the moment of posting (and forever after) you grant me a completely unrestricted, unbounded, unfettered, universe-wide right and license to use; copy; reproduce; modify; make derivative works from; publicly and privately publish, display, and perform; transmit; transform; incorporate into other works; and otherwise exploit (in any manner possible, either now or in the future) your post(s), emails, smoke signals and any other input, feedback, info or the like that you provide me. To keep things simple, I will not have to account for or report any of this to you.

A few other rules on your Forum postings and emails:

They’re yours, so
you’re responsible for them. You may not post content that you don’t own. Also, no profanity or nastiness. Obscenity, defamation, harassment, and violation or infringement of any intellectual property right, personal right, or privacy right of any other person or entity are all out. Hacking of any kind, posting links to malicious or obscene materials, posting malicious code or illegal materials/content are definite no-nos. To sum up, ALL that stuff is strictly prohibited.

5. Use of this Site and Connected Servers. You may not, under any circumstances, access or use this website or any computer server associated with it for any purpose other than the purposes specifically stated in these rules and/or on this website. By way of example, you may not: (1) reverse engineer or otherwise discover passwords that are not your own; (2) circumvent or otherwise crack or break any security measures; (3) hack, modify in any way, or delete any software settings, coding, programming or other stuff like that; (4) upload, copy, transmit, or otherwise introduce or distribute a virus, lock-out device, time bomb, Trojan horse, back-door, worm, or other malicious programming; or (5) do other bad things along these lines.

6. Privacy.
Your privacy is important, so I’ll cover the key bases:

I will use your name, email address, and any other information that you provide in connection with this website and any project mentioned on it (including any information I may receive from third parties about or relating to you),
but only for legitimate business purposes that relate to this website and/or the projects mentioned on it (or, under my consideration for mention on it) now and/or in the future.

For these legitimate business purposes, I may provide this information to others, such as vendors or others with whom I do business. These third party folks, as well as any other folks to whom you provide your information will be subject to their own privacy policies (if any).

Additionally, if the cops or anyone else with a legitimate badge, subpoena, court order, demand, or government post comes calling for any website visitor’s information, if the request looks legitimate to me, I will probably sing like a bird. (Not that I’m saying I have to give them this information or that I won’t, just that it will be my call to make in my own discretion.)

In general, I will not sell your info. However, I may transfer it to a third party if your info is part of a larger sale that also involves other assets (just by way of example, if I sell a story and the publisher would like to know who previously showed an interest in it)
. If this ever happens, I will try to make any permitted transfer of your information that is part of a sale subject to terms that are substantially similar to these. No guarantees -- I probably won’t turn away good money over this issue, but I’ll give it the old college effort.

In general, I won’t bug you (emails or otherwise). However, I may (occasionally, as I think not too pushy) send you emails relating to entertainthebrain.com and/or the projects mentioned on (or being considered by me for mention on) this site. This means that
by providing me with your email address, you are opting-in to receiving such emails from me. At any time, you are free to respond to such email and let me know that you do not want any more emails from me (that is, opt out). I will do my best (in a commercially reasonable sense) to not email you, if you clearly opt out.

A Word About Cookies. A cookie is a small text file that is placed on your computer by a web page server. Cookies contain information that can later be read by a web page server in the domain that issued the cookie to you. Like many websites, EntertainTheBrain.com and its hosting server use cookies to recognize you and to help personalize your online experience. Cookies may also help me understand which parts of the website is the most popular, where visitors are going, and how much time they spend at various locations within the website. The information I collect through cookies is anonymous and I do not access any of your personally identifiable information through the cookies. You have the ability to decline cookies through your web browser. If you choose to decline cookies, certain features of this site may not work properly.

7. NO LIABILITY.

NEITHER I NOR MY ESTATE, FAMILY, FRIENDS, ASSOCIATES, LICENSORS, VENDORS, OR OTHER RELATED PERSONS OR ENTITIES WILL HAVE ANY LIABILITY WHATSOEVER TO YOU OR ANYONE ELSE, RELATED TO OR ARISING FROM ANY ACCESS TO OR USE OF THIS WEBSITE (INCLUDING ANY PORTION OF THIS WEBSITE AND ANY MATERIALS MADE AVAILABLE AT OR MENTIONED ON THIS WEBSITE). THERE ARE TWO EXCEPTIONS TO THE FOREGOING SENTENCE: (1) ANY BREACH OR VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THESE WEBSITE TERMS AND CONDITIONS, AND (2) ANY INTENTIONAL BREACH BY ME OF SECTION 5 (PRIVACY), ABOVE.

MY TOTAL LIABILITY, INCLUDING THE LIABILITY OF ALL THE PEOPLE AND ENTITIES LISTED IN THE PARAGRAPH ABOVE (EXCLUDING YOU, OF COURSE), WILL NOT, IN ANY EVENT, EXCEED US$10.00. THIS CAP WILL BE CALCULATED COLLECTIVELY, IN AGGREGATE, ACROSS ALL PARTIES, ALL EVENTS AND ALL LIABILITIES AND DAMAGES, INCLUDING ALL AMOUNTS AND LIABILITIES PAID TO AND OWED TO YOU AND ALL OTHER PEOPLE AND ENTITIES IN THE UNIVERSE FOR ANY AND ALL ACTS, OMISSIONS, LIABILITIES, CIRCUMSTANCES, AND EVENTS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

8. No Warranties.

YOU EXPRESSLY AGREE THAT USE OF ENTERTAINTHEBRAIN.COM IS AT YOUR SOLE RISK. NEITHER I NOR MY ESTATE, FAMILY, FRIENDS, ASSOCIATES, LICENSORS, VENDORS, OR OTHER RELATED PERSONS OR ENTITIES WARRANT THAT THE ENTERTAINTHEBRAIN.COM WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO I OR THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ENTERTAINTHEBRAIN.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH OR IN CONNECTION WITH ENTERTAINTHEBRAIN.COM.

ENTERTAINTHEBRAIN.COM, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE MATERIALS OR INFORMATION, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.

NEITHER I NOR ANY OF THE PARTIES LISTED OR DESCRIBED IN THE FIRST PARAGRAPH OF THIS SECTION 8 ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.



9. Indemnification.
If you make a mess, you clean it up. You agree to indemnify me (and all the folks listed in the first full paragraph of Section 6) and hold me (and all those folks) harmless for any and all liabilities, damages, losses, costs, expenses, fees, injuries, penalties, and any other hoo-haa that arises from or relates in any way to: (1) your (including anyone under your supervision, guidance, or control) use of this website, any parts of it, any materials on it, and any projects mentioned on it; and/or (2) any breach or non-compliance with any rule (or part of a rule) by you or anyone under your supervision, guidance, or control. However, your duties under this Section 7 will not apply to the extent that I wrongfully caused the liability, damage, or other hoo-haa. But, if I caused it and you made it worse in any way, your back on the hook to the extent you made it worse.

10. Trademark Info. Entertain the Brain and any associated logos are the trademarks of EntertainTheBrain.com and its owner. All other products and brand names are trademarks and/or registered trademarks of their owners. Unless I say otherwise in plain, clear writing, nothing in these rules or this website grants any rights or license to use any of my trademarks or third party trademark for anything anyhow.

11. Governing Law and Jurisdiction. You agree that all matters relating to your access to or use of this website, including all disputes, arguments, and brew-hahas will be governed by the laws of the United States and by the laws of the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state courts of King County, Washington and federal courts of Western District of Washington, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

12. Other Stuff. If any of the provisions of these rules are held by a court or other tribunal to be void or unenforceable, incomprehensible, or just plain whacky, such provisions shall be changed or obliterated with as much sensitivity as can be mustered, and also, to most closely approximate the stated or implied intent of the offending provision, and also, so that these rules shall remain in full force and effect. These rules are the entire agreement between you and me with regard to your use of this website and my project.