Terms of Service & Privacy Policy

TERMS OF SERVICE & PRIVACY POLICY (TOS & PP) FOR BRIYAH INSTITUTE CORP.

 

Briyah Institute Corp. Digital Platforms

Briyah Institute Corp. – a Florida Benefit Corporation, (hereinafter “Briyah” or “We/Us/Our”) provide services and information via Our website (located at briyah.institute), Our Facebook page (located at https://www.facebook.com/briyahinstitute/), Our YouTube page (located at https://www.youtube.com/channel/UCNsUB1XbU2stZs5GpswDd8w), Our LinkedIn page (located at https://www.linkedin.com/company/briyah-institute/?viewAsMember=true), Our Twitter page (located at https://twitter.com/BriyahInstitute), Our Instagram page (located at https://www.instagram.com/briyahinstitute/?hl=en), and other platforms which may be added or removed at any time. Collectively, these sites are referred to as the “Platform(s)” and include all versions accessible through all devices (such as mobile and desktop apps, web browsers, etc.).

 

Agreement to Our Terms of Service & Privacy Policy (ToS & PP)

All visitors (hereinafter, “User(s)”, “You” or “Your”) to our Platforms are subject to the terms, conditions and notices set forth in these Terms of Service and Privacy Policy (the “ToS & PP”). Purchasers or subscribers of Briyah services may be subject to additional rules applicable to such transactions.

By using Briyah Platforms, purchasing Our digital products or subscribing to Our services, You accept these ToS & PP and agree to comply with all of its provisions. If You do not wish to accept these ToS & PP, **do not use our platforms, purchase our products or subscribe to our services**.

 

Purchases and Subscriptions

We provide services in digital form. We also provide access and subscriptions to educational materials. Collectively, We refer to Our services and subscriptions as “Our Products.” All purchasers of any of Our Products agree to the following conditions for any paid transaction with Us (hereinafter, “Payment Terms”).

You warrant represent that You are authorized to use any payment method You provide to Us (such as PayPal accounts or credit cards). You agree to indemnify Us against losses We may sustain as a result of any breach of this warranty.

We use third-party vendors to process payments for Our Products. Visit vendors’ specific websites for privacy policies and terms and conditions. Our Privacy Policy applies only to data over which We have control.

Our Products that are sold in a digital format are non-refundable.

We reserve the right to change the costs of our Products at any time. Please check with our Platforms for the latest pricing.

 

Conduct of Users & Restrictions

Users of Our Platforms understand and agree that Our Platforms may only be used for lawful purposes and in accordance with these ToS & PP.

Users of Our Platforms represent that You are of legal age and capable of forming a binding contract with Us. These ToS & PP are a binding contract. Our Platforms are not for use by any minors (defined as those who are not at least 18 years of age), and **you must not use them if you are a minor**.

Prohibited Conduct. Users of Our Platforms understand and agree that You expressly and emphatically **will not engage** in any of the following conduct (collectively, “Prohibited Conduct”).

1. Violate or encourage the violation of any local, state, national, or international law or regulation or in a way that causes, or may cause, harm to the Platform, or to any person or business entity.
2. Engage in any data mining, data harvesting, data extracting or any other similar activity in relation to the Platform, or while using the Platform, or collect or store personal data about other Users of Our Platforms or solicit personal information from any other Users of Our Platforms.
3. Sell, sublicense and/or otherwise commercialize any Platform material;
4. Act in any manner which will cause other Users to believe that You are any other person or entity other than who You actually are, or cause other Users to believe that You represent any other person or entity other than who You actually represent.
5. Submit or distribute any so-called “spam” or “junk mail” or “chain letters” or otherwise promote any commercial activity.
6. Solicit money, goods or services for private gain.
7. Disrupt, hack or interfere with the security or use of Our Platforms.
8. Damage Our Platforms through the submission or use of any damaging software, viruses or other actions.
9. Use or attempt to use any other User’s account or identity.
10. Attempt to gain unauthorized access to any User’s account or to any of Our Platforms.
11. Engage in any conduct that may interfere with any User’s or third-party’s ability to access or enjoy the content and experience of Our Platforms.
12. Assist any third-party in engaging in any Prohibited Conduct.

You may provide links to the home page of Our Platforms, but not to any other content within Our Platforms. You may not provide links that frame Our content. You may not provide links in a manner that may damage Our reputation or that might indicate any form of association with Us or endorsement by Us.

Certain areas of Our Platforms are restricted from being access by You and Briyah may further restrict access by You to any areas of the Platforms, at any time, in absolute discretion. Any user ID and password you may have for Our Platforms are confidential and you must maintain confidentiality as well.

 

Your Content

On Our Platforms Standard ToS & PP, “Your Content” shall mean any audio, video text, images or other material You choose to display on Our Platforms. By displaying Your Content, You grant Us a non-exclusive, worldwide, irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media without any time limitation.

Your Content must be Your own and must not be invading any third-party’s rights. Briyah reserves the right to remove any of Your Content from Our Platforms at any time without notice.

 

Intellectual Property Rights

Briyah owns all rights to the intellectual property and material contained on Our Platforms, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided under this ToS & PP.

The content available on Our Platforms is protected by Intellectual Property rights and/or Personality Rights. Such protection includes, but is not limited to, brands, articles, texts, photos, images, videos, layouts, etc. and their unauthorized reproduction is prohibited. Trademarks and trade names of third parties remain the ownership of those third parties and may not be used without the permission of their respective owners. We reserve the right to seek law enforcement in the exercise of Our own rights.

Under this ToS & PP, any content submitted and include by You at any time to or through any of Our Platforms becomes Our sole and exclusive property. The format of the Content can be in any medium of expression including writing, image, video, sound and voice. All Submitted Content is deemed to be, and warranted by You to be, non-confidential and non-proprietary and You agree that We may use, disclose or otherwise exploit them in any manner. If this particular part of Our ToS & PP do not apply to your jurisdiction then you hereby grant to Us a non-exclusive, royalty-free, perpetual, transferable, and sub-licensable license to copy, transmit, use, create derivative works from or otherwise exploit all Submitted Content. You also agree that We are not responsible for the conduct of other uses of Our Platforms or any third parties with whom You or We share Your Submitted Content.

Briyah is committed to remove from Our Platforms photos, images, videos, etc., whose rights may be claimed and proven by third parties particularly expressing their opposition to such publication.

 

Prohibited Content and Disclaimer

You agree not to submit to Our Platforms any of the following forbidden Content:

1. That engage in any advertising, marketing or commercial activity
2. That uses profane language or content including inappropriate sexual content or links to inappropriate sexual content;
3. That promotes, fosters, or perpetuates discrimination on the basis of race, religion, gender, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity, source of income or other protected status under applicable law;
4. That conduct or encouragement of illegal activity including infringement of any copyright, trademark, patent, trade secret or other IP or other rights of any third party;
5. That are private and confidential information and can infringe on the personal rights of any individual including, but not limited to, any rights of privacy or publicity.
6. That violates a legal ownership interest of any other party.
7. That are illegal, promote or advocate illegal activity or otherwise violate the criminal or civil laws of any jurisdiction.

 

Appearance Authorization

We may organize presential and virtual events and by attending any event in person or virtually through any of Our Platforms, You agree not to submit any Prohibited Content as defined in this ToS & PP and You agree that We may record any appearance is in person or virtually, which may include Your name, likeness, photograph, voice, dialogue, sounds, biographical information, personal characters or other personal identification captured by Us or submitted by You during the course of an event. You authorize and permit, by the present ToS & PP, for all legal purposes, that irrevocably, permanent and unrestricted grant, the use of Your appearance, in any manner throughout the world, in perpetuity, and in any and all media now known or hereafter devised, free and without any monetary compensation to You whatsoever**. If You do not agree with Your Appearance authorization, do not attend Our events.**

 

Protection of Personal Data

We may collect personal information from users of Our site, such as name, email address, phone, location, with the express consent of the visitor, manifested by sending the information through Our Platforms forms.

We undertakes not to disclose or share, by any means, the data of any individuals or legal entities that may be sent to Our Platforms by means of a registration, as well as to promote the exclusion, within a period of 20 (twenty) business days, of registered users’ addresses for receiving such information, if expressly requested by them by sending Us an email to this effect.

 

No Warranties

All Our Platforms and Our Materials are provided to You on an as-is and as-available basis. We provide no guarantee that Our Platforms or Our Materials will be available at any given time or through any given device. We make no express or implied representations or warranties of any kind related to Our Platforms or the materials contained on them. Additionally, nothing contained on Our Platforms shall be construed as providing consult or advice to You.

 

Limitation of Liability

In no event shall We, nor any of its officers, directors, employees and partners be liable to You for anything arising out of or in any way connected with Your use of Our Platforms, whether such liability is under contract, tort or otherwise, and We, including its officers, directors, employees and partners shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of Our Platforms.

Our Materials may contain opinions, regarding a particular subject. In such case, the opinions expressed are those of the individual authors of those materials and are not to be construed as Our opinions. We are not responsible for any such opinions.

You are solely responsible for any loss, claims or damages arising from any of Your Prohibited Conduct or Prohibited Submissions.

 

Indemnification

You hereby indemnify to the fullest extent Briyah from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to Your breach of any of the provisions of these Terms of Service and Privacy Policy.

 

Severability

If any provision of these ToS & PP is found to be unenforceable or invalid under any applicable jurisdiction law, such unenforceability or invalidity shall not render these Terms of Services and Privacy Policy unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

 

Variation and Revision of ToS & PP

Briyah is permitted to revise these ToS & PP at any time as it sees fit, and by using Our Platforms you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of Our Platforms.

 

Assignment

We shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these ToS & PP without any notification or consent required. However, You shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these ToS & PP.

 

Entire Agreement

These Terms, including any legal notices and disclaimers contained on Our Platforms, constitute the entire agreement between Briyah and You in relation to your use of Our Platforms, and supersede all prior agreements and understandings with respect to the same.

 

Governing Law & Jurisdiction

The validity, interpretation and performance of these Terms of Service and Privacy Policy shall be controlled by and construed under the laws of the State of Florida. Except for those disputes requiring prompt action in a court of law or equity, such as a demand for injunctive relief, all disputes arising out of or relating to these Terms of Service and Privacy Policy or a breach of these Terms of Service and Privacy Policy shall be resolved exclusively by the courts in the State of Florida.

 

04/14/2020 Version

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