What Brainly's terms say

Bad 2

• You are forced into binding arbitration in case of disputes

  This service forces users into binding arbitration in the case of disputes

  In the Terms of Use applicable to users not in Europe, "THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ALL DISPUTES ARISING UNDER THEM, RATHER THAN JURY TRIALS OR CLASS ACTIONS." It also states that, "YOU AND BRAINLY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS SHALL BE FINAL AND BINDING ARBITRATION." However, for the Terms of Use applicable to users in Europe, "English law will apply to all disputes and the interpretation of these Terms of Use. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service."

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• Terms may be changed any time at their discretion, without notice to you

  Terms of Use may be changed any time at their discretion, without notice to the user

  In the Terms of Use applicable to users in Europe, "We may revise these Terms of Use from time to time but the most current version will always be at https://brainly.com/pages/terms_of_use. Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something. Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice." In the Terms of Use applicable to users not in Europe, "Brainly regularly reviews these Terms and may revise or update them at our sole discretion. Changes to these Terms become effective immediately upon their posting on the Brainly Services and your continued use of the Brainly Services following the posting of revised Terms represents that you have read, understood, and agreed to the changes."

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Worth knowing 11

• This service does not guarantee that it or the products obtained through it meet your expectations or requirements

  This service does not guarantee that it or the products obtained through it meet the users' expectations or requirements

  The Terms of Use (in Part A, applicable to users unless you are in Europe) state that, "BRAINLY MAKES NO WARRANTY THAT THE BRAINLY SERVICES AND/OR ANY PRODUCTS, SERVICES, FUNCTIONALITY, INFORMATION, CONTENT OR OTHER MATERIALS AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE BRAINLY SERVICES OR YOUR BRAINLY SUBSCRIPTION, INCLUDING, BUT NOT LIMITED TO, THE MOBILE SOFTWARE, WILL MEET YOUR REQUIREMENTS."

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• Failure to enforce any provision of the Terms of Service does not constitute a waiver of such provision

  The Terms of Use (in Part B, applicable to users in Europe) state that, "If you do not comply with these Terms of Use and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future."

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• This service informs you that its Privacy Policy does not apply to third-party services

  The service informs users that its privacy policy does not apply to third party websites

  The Terms of Use (in Part B, applicable to users in Europe) states that "the Service may, from time to time, contain links to and from third party services. If you follow a link to any of these services, please note that these services have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those services."

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• This service is only available for use individually and non-commercially

  This service is only available for use individually and non-commercially.

  The Terms of Use (in Part A, applicable to users unless you are in Europe) state that, "Registered Users have the right to use the products, services and functionality provided by Brainly and the content and information published on the Brainly Services only within their own needs, for non-commercial purposes."

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• No warranty is made regarding an uninterrupted, timely, secure and/or error-free experience

  The service provider makes no warranty regarding uninterrupted, timely, secure or error-free service

  The Terms of Use (in Part A, applicable to users unless you are in Europe) state, "BRAINLY MAKES NO WARRANTY THAT THE BRAINLY SERVICES AND/OR ANY PRODUCTS, SERVICES, FUNCTIONALITY, INFORMATION, CONTENT OR OTHER MATERIALS AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE BRAINLY SERVICES OR YOUR BRAINLY SUBSCRIPTION, INCLUDING, BUT NOT LIMITED TO, THE MOBILE SOFTWARE, WILL MEET YOUR REQUIREMENTS, OR THAT THE BRAINLY SERVICES OR BRAINLY SUBSCRIPTIONS WILL OPERATE UNINTERRUPTED OR IN A TIMELY, SECURE, OR ERROR-FREE MANNER."

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• Separate policies are employed for different parts of the service

  This service employs different Terms of Use and Privacy Policies dependent on whether you are in the EU + Switzerland

  The Terms of Use is a two-part document. Part A applies to users that are not based in Europe and Part B applies to users in Europe. It should be noted that Part B is a more readable document than Part A, as the sections and points are enumerated and the language used is not as rich with legalese. There are also some statements in the Privacy Policy that apply to users in the EU or Switzerland only.

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• The court of law governing the terms is in location X

  The court of law governing the terms is in the State of New York unless you are in Europe. If you are in Europe, then English law will apply

  The Terms of Use (in Part A, applicable to users unless you are in Europe) state that, "These Terms will be governed by and construed in accordance with the laws of the State of New York, excluding provisions of that would result in choice of the law of another jurisdiction to govern these Terms." The Terms of Use (in Part B, applicable to users in Europe) state that "English law will apply to all disputes and the interpretation of these Terms of Use. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service."

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• The service is provided 'as is' and to be used at your sole risk

  The service is provided 'as is' and to be used at the users' sole risk

  In the Terms of Use applicable to users in Europe, it states that, "Unfortunately, due to the nature of the Internet and technology, Brainly Services is provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of Brainly Services will be error-free." A similar statement is given in the Terms of Use applicable to users not in Europe: "YOUR USE OF THE BRAINLY SERVICES AND/OR ANY PRODUCTS, SERVICES, FUNCTIONALITY, CONTENT, INFORMATION, OR OTHER MATERIALS AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE BRAINLY SERVICES OR YOUR BRAINLY SUBSCRIPTION, INCLUDING, BUT NOT LIMITED TO, THE MOBILE SOFTWARE, IS AT YOUR OWN RISK. THE BRAINLY SERVICES AND ANY PRODUCTS, SERVICES, FUNCTIONALITY, INFORMATION, CONTENT OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE BRAINLY SERVICES AND YOUR BRAINLY SUBSCRIPTION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS."

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• You agree to indemnify and hold the service harmless in case of a claim related to your use of the service

  You are solely responsible for claims made against the service and agree to indemnify and hold harmless the service.

  The Terms of Use (in Part A, applicable to users unless you are in Europe) state, "You agree to indemnify and hold each of Brainly, its subsidiaries, affiliates, officers, directors, employees and independent contractors, and any third parties providing content or services included in the Brainly Services or your Brainly Subscription, harmless from any claim or demand (including, but not limited to, reasonable legal fees) made by any third party due to or arising out of your use of the Brainly Services or your Brainly Subscription."

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• No guarantee is made reguarding the accuracy and/or reliability of the information provided

  The service does not guarantee accuracy or reliability of the information provided

  The Terms of Use (in Part A, applicable to users unless you are in Europe) state that, "BRAINLY MAKES NO WARRANTY THAT THE BRAINLY SERVICES AND/OR ANY PRODUCTS, SERVICES, FUNCTIONALITY, INFORMATION, CONTENT OR OTHER MATERIALS AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE BRAINLY SERVICES OR YOUR BRAINLY SUBSCRIPTION, INCLUDING, BUT NOT LIMITED TO, THE MOBILE SOFTWARE, WILL MEET YOUR REQUIREMENTS . . . OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT ACCESSIBLE FROM OR PROVIDED IN CONNECTION WITH THE BRAINLY SERVICES OR BRAINLY SUBSCRIPTIONS, REGARDLESS OF WHETHER ANY INFORMATION OR CONTENT IS MARKED AS “VERIFIED”."

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• Spidering, crawling, or accessing the site through any automated means is not allowed

  Users cannot scrape the website of the service

  The Terms of Use (in Part A, applicable to users unless you are in Europe) state that, "You agree not to use any automated tool, such as a web scraping tool, a bot or web robot, or web automation, to mine the Brainly Services or any products, services, information, or other materials available on, through or in connection with the Brainly Services or your Brainly Subscription, including, but not limited to, the Mobile Software, for information or to fill out forms on the Brainly Services, that you will not circumvent any technical measures implemented to prevent or limit such access, and that you will comply with the restrictions in any robot exclusion header."

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Serious 1

• Specific content can be deleted without reason and may be removed without prior notice

  The service can remove, screen, or edit your content without prior notice and without a reason

  The Terms of Use (in Part A, applicable to users unless you are in Europe) state that, "BRAINLY RESERVES THE RIGHT TO MODERATE THE BRAINLY SERVICES AND TO REMOVE, SCREEN, OR EDIT YOUR CONTENT FROM THE BRAINLY SERVICES AT OUR SOLE DISCRETION, AT ANY TIME, AND FOR ANY REASON OR FOR NO REASON, WITH NO NOTICE TO YOU."

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Bad 3

• Your content can be licensed to third parties

  This service can license user content to third parties

  The Terms of Use (in Part A, applicable to users not in Europe) state, "By posting Your Content on the Brainly Services you irrevocably grant Brainly worldwide, non-exclusive, irrevocable, assignable and transferable perpetual rights to use Your Content, including, for example, your name, grade, school name or biographical information, for any purpose whatsoever." The Terms of Use (in Part B, applicable to users in Europe) state that Brainly has a "worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license and otherwise make available the User Content anywhere and in any form for the purposes of providing the Service."

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• A license is kept on user-generated content even after you close your account

  This service keeps a license on user-generated content even after users close their accounts.

  The Terms of Use (in Part A, applicable to users not in Europe) state, "By posting Your Content on the Brainly Services you irrevocably grant Brainly worldwide, non-exclusive, irrevocable, assignable and transferable perpetual rights to use Your Content."

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• Your account can be deleted or permanently suspended without prior notice and without a reason

  The service can delete your account without prior notice and without a reason

  For users not in Europe, "Brainly reserves the right, in its sole discretion, to immediately modify, suspend or terminate your account, the Brainly Services, your Brainly Subscription, and/or any products, services, functionality, information, content or other materials available on, through or in connection with the Brainly Services and/or your Brainly Subscription, including, but not limited to, the Mobile Software, and/or your access to some or all of them without cause and without notice. In the event that Brainly suspends or terminates your account, the Brainly Services or your Brainly Subscription, you acknowledge and agree that you shall receive no refund or exchange for any unused time on a Brainly Subscription or any subscription fees or anything else." However, for users in Europe, these terms state that, "We may end your access or use of the Service for any reason as long as we give you reasonable notice that we plan to do this."

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Worth knowing 7

• No refunds will be issued

  The service has a no refund policy

  The Terms of Use (in Part A, applicable to users unless you are in Europe) state that, "If you choose to cancel [your subscription], your cancellation will take effect at the end of the subscription term in which you cancelled, and there are no refunds." It also states, "In the event that Brainly suspends or terminates your account, the Brainly Services or your Brainly Subscription, you acknowledge and agree that you shall receive no refund or exchange for any unused time on a Brainly Subscription or any subscription fees or anything else." The Terms of Use (in Part B, applicable to users in Europe) state, "Generally, we cannot give back the fees you pay to us."

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• You are prohibited from sending chain letters, junk mail, spam or any unsolicited messages

  This service prohibits users sending chain letters, junk mail, spam or any unsolicited messages

  From the Brainly FAQ (https://faq.brainly.com/hc/en-us/articles/205369412-What-makes-a-great-answer-), it states, "Don’t spam or advertise Brainly is for learning, not promoting! An answer is not the place to advertise your own site."

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• You are responsible for maintaining the security of your account and for the activities on your account

  The Terms of Use (in Part A, applicable to users unless you are in Europe) state that, "You understand and acknowledge that anyone with knowledge of your User Credentials may gain access to any information, including your Personal Information, you have stored in the password-protected portion of the Brainly Services. You agree to keep your password secret, to notify us if your password is lost or compromised, and to be solely responsible for the confidentiality and use of your User Credentials."

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• Banned users are prohibited from creating a new account

  Users who have been permanently banned from this service are not allowed to re-register under a new account

  The Terms of Use (in Part B, applicable to users in Europe) state that you must not "use Brainly Services if we have suspended your access to it, or have otherwise banned you from using it."

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• This service is only available to users over a certain age

  This service is only available to users 13 years old and over

  The Terms of Use (in Part A, applicable to users unless you are in Europe) state that, "The Brainly Services and Brainly Subscriptions are not intended for children under 13 years of age. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register." The Terms of Use (in Part B, applicable to users in Europe) state that, "You must be 13 years or older to use Brainly Services."

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• Your content can be distributed through any media known now or in the future

  This service employs a broad copyright license over user content including the right to distribute through any media

  The Terms of Use in Part A, applicable to users unless you are in Europe, state that, "By posting Your Content on the Brainly Services you irrevocably grant Brainly worldwide, non-exclusive, irrevocable, assignable and transferable perpetual rights to use Your Content, including, for example, your name, grade, school name or biographical information, for any purpose whatsoever, including, for example, to create derivative works, use for advertising or marketing, or repurpose in another medium."

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• Your content can be deleted if you violate the terms

  Created by Docbot version v3

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Good 1

• Pseudonyms are allowed

  The service allows you to use pseudonyms

  The FAQ states that "usernames can only be changed in extreme cases, like accidentally using your real name or giving out identifying information," meaning that you are allowed to use pseudonyms as a username.

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