Terms

1. PREAMBLE

brainstorm.cool (hereinafter is referred to as the Operator) operates and manages the website brainstorm.cool (Platform), a web-based photo editing application. Please read these Terms & Conditions (“Agreement” or Terms of Use”) before using any of the services being offered by brainstorm.cool. This agreement legally binds the Operator and all users of the platform brainstorm.cool (hereinafter referred as the User). Using the site in any manner; including but not limited to using the service, browsing the features and content, and exploring the application means that the User agrees to be bound by this Terms of Use. The Agreement will apply to all users of the site and the service.

2. RIGHTS OF USER

2.1 The User may access and use the Platform for both commercial and non-commercial purposes. This would make all the results after using the Platform has to be used only privately. There is the exclusion in the use for both direct and indirect commercial purposes.

2.2 The Operator has the exclusive right to restrict the use of the Platform without having to be demanded for any reason or to block specific Users.

2.3 The User agrees that by accessing the Platform, the Operator has the right to store the User’s IP address in order to verify broad use of the Platform.

3. RIGHTS AND OBLIGATIONS OF THE USER

3.1 The User must refrain from actions that can compromise the functionality or the operation of the Platform. It is prohibited for the User to perform actions that either scan or test the Platform for any weak points. The User is also forbidden to bypass the security systems and to access systems of the Platform and to integrate malware.

3.2 It is the User’s responsibility to secure rights for the use of photos that are to be uploaded into the Platform.

4. WARRANTY AND LIABILITY

4.1 Warranty for the outcomes of the Platform and the availability is excluded. Should there be a warranty claim that exists; the covered period is six months.

4.2 The Operator is not responsible for the speed, availability, data loss, and accuracy of the results in using the Platform. In addition, the Operator is excluded from any liability unless proven that the damage is caused by a blatant display of negligence. This does not, however, apply in instances where there is damage to the health of a person or during the loss of life.

5. CONFIDENTIALITY AND DATA PROTECTION

5.1 All information pertaining to confidentiality and data protection is available to the User.

6. CONCLUDING PROVISIONS

6.1 Legal disputes that will arise from this Contract are exclusively governed by the law of the United Kingdom. This contract is not governed by the Application of the UN Convention for the International Sale of Goods. It is also not in the same context for the referral standards of the IPRG and the Regulation (EC) no. 593/2008 of the European Parliament of the Council of June 17, 2008. Likewise, the contract is not ruled on the law applicable to contractual obligations (Rome I Regulation).

6.2 The exclusive jurisdiction for any dispute that will arise out of or in relation to this contract shall be the competent court in London, United Kingdom.

6.3 Modifications to this contract, including the addition of provisions, must be put in writing to be considered valid. brainstorm.cool likewise requires a written form for withdrawal from this formal requirement.

6.4 Should there be provisions in this contract that may be void, unenforceable or invalid, it shall not affect the invalidity, unenforceability, or invalidity of the rest of the contract. The contradicting parties will undertake to agree on a neutral provision that is as economically possible to the purpose that is pursued by the void or the unenforceable and invalid provision to replace the void.

6.5 If the Operator presents these Terms of Use in a language other than English, the translation was arranged by an independent specialist translator with ISO certification 17100:2015 and is further proofread by at least one expert translator. If there is any dispute, the court will honor the English-language contract text and it is the only language in the text that shall be valid. It is prohibited to have a retranslation of the already translated version and use it for any dispute.