Brilliant Directories Terms of Service
By using the BrilliantDirectories.com web site (“Service”), or any services of Brilliant Directories, Inc (“Brilliant Directories”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.
Brilliant Directories reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.brilliantdirectories.com/online-directory-terms-of-use
Violation of any of the terms below may result in the termination of your Account. You agree to use the Service at your own risk.
A. Account Terms
- You must be 13 years or older to use this Service
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. Brilliant Directories cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for managing payment transactions on your own website. Brilliant Directories cannot and will not be liable for any loss or damage from your failure to manage your own payment transactions. Any disputes with users of your website are not the responsibility of Brilliant Directories and are solely the responsibility of you, the user of the Service.
- If you cancel the Service or cancel your website, it is your responsibility to cancel all member subscriptions. Brilliant Directories will not be held liable for ongoing payment transactions that occur after you cancel usage of the Service. It is your responsibility to ensure that when you cancel usage of the Service, that all your member's payment transactions are canceled and that no future billings occur.
- The payment processing system may only be used for your membership subscriptions, lead purchases, or the purchase of other services that are fulfilled through the Brilliant Directories platform. The purchase of other 3rd party services that are not fulfilled through the Brilliant Directories platform (marketing services, subscriptions to other services or websites, advertising agreements, etc) cannot be charged through the payment processing system of your Brilliant Directories website. This is done to protect members, users, and website owners from credit card fraud and other potential financial damage.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have login access to your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
- The Brilliant Directories software is sold as a Software as a Service (SaaS). All Brilliant Directories SaaS licensees are provided with Brilliant Directories premium hosting to host their Brilliant Directories website. This hosting account may only be used to host files, databases, and content, as it is initially installed in the hosting account by Brilliant Directories and in compliance with this Terms of Service document. No third party applications, files, databases, or content (such as a WordPress, Joomla, phpBB, or any other application) may be installed, saved, or hosted in a Brilliant Directories hosting account at any time. If an agent of Brilliant Directories discovers an unauthorized third party application, file, database, or other content installed, it is subject to immediate removal without prior notice to the licensee, may result in the immediate termination of the license, and removal of the entire website and all related files from the Brilliant Directories servers. If you have questions about whether or not an item may be installed, uploaded or saved to your Brilliant Directories hosting account, please contact email@example.com first.
- Users of the Service are allowed up to 10 gigabytes of free bandwidth usage per month. Any users of the Service who surpass the 10 gigabytes of free bandwidth usage limit per month may be subject to additional charges, rate increases, and or surcharges.
- Users of the Service are allowed up to 10 gigabytes of free disk space usage. Any users of the Service who surpass the 10 gigabytes of free disk space usage limit may be subject to additional charges, rate increases, and or surcharges.
- Each plan of the Service includes a maximum number of members that can be hosted on the Service. Any users of the Service who surpass the allowed member limit of their Service plan may be subject to additional charges, rate increases, and or surcharges.
B. Payment, Refunds, Upgrading and Downgrading Terms
- All plans must enter a valid credit card and a valid credit card must always be on file in order to keep the Service active.
- All fees and charges incurred in connection with your Brilliant Directories account will be billed to the credit card designated during the registration process for the Account or subsequently designated by you to Brilliant Directories. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, you may change your credit card details by contacting firstname.lastname@example.org and requesting an update to your credit card on file.
- All plans will continue and renew automatically, unless properly cancelled (see Section C #1)
- If you initially sign up for a plan which includes a free or discounted trial period, and you do not cancel that account before the stated trial period expires, you will be billed for the full price of the plan starting on the day the trial period ends. If you cancel prior to the processing of your first invoice following the trial period, you will not be charged.
- An upgrade to any plan from an Account in a trial period will end your trial immediately. You will be billed for your first month immediately upon upgrading.
- The Service includes a “7 Day Money-Back Guarantee” Option. This Option may only be exercised within 7 days (168 hours) after the payment for the initial purchase of the Service has been received, or the customer has been provided with their account login credentials (whichever happens first), and only applies to products that are purchased at the full retail price listed on http://www.brilliantdirectories.com/online-directory-pricing. The “7 Day Money-Back Guarantee” does not apply when a product is purchased for a lesser amount, including when the price is reduced due to the use of coupons, promotions, or for any other reason.
- Not all parts, segments, or extensions of the Service are supported by the “7 Day Money-Back Guarantee”.
- The “7 Day Money-Back Guarantee” Option does not apply and is not limited to the following: website or software customizations, training sessions, labor, consultations, services, plugins, extensions, add-ons, themes, and other aspects of the Service not related to the purchase of a License to use the Service.
- To be fair to all users of the Service, all sales are final and refunds will not be issued unless a purchase is refundable under the parameters of the “7 Day Money-Back Guarantee” as described here. The Service is non-refundable outside of these parameters.
- The Service is billed in advance on a monthly, yearly, or otherwise defined term or period of time basis and is non-refundable.
- There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or for periods where the license holder did not use their account without cancelling the Service. In order to treat all users of the Service equally, no exceptions will be made.
- Promotions, discounts, deals, and/or additional offers may not be applied after a sale or transaction has been completed.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. An upgrade to any higher priced plan will immediately bill you for the prorated difference for the current billing cycle. If a plan downgrade causes a credit to your account, this credit will be used toward your next billing(s). This credit will not be refunded.
- Downgrading your Service may cause the loss of features or capacity of your Account. Brilliant Directories does not accept any liability for such loss.
- If a scheduled payment is missed or cannot be processed and remains past due, services may be stopped or cancelled and service cancellation notices may be sent via email to all email addresses associated with the account.
- Brilliant Directories offers "The Right Plan Promise Agreement". "The Right Plan Promise Agreement" protects users from price increases of Service plans they are already subscribed to as well as enables users to take advantage of new lower prices when they are available for the same plan they are already subscribed to. Users may also add additional accounts at the same price levels of subscriptions of the Service that they have already subscribed to.
C. Cancellation and Termination
- You are solely responsible for properly canceling your account. An email request to cancel your account is required to cancel your Account and stop ongoing payments. Emails must be sent to email@example.com.
- In order to prevent fraud or accidental cancellations, additional security information may be required to protect you from falsified cancellations. And until such security information can be provided to verify your identity, your account and the Service will remain active.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Brilliant Directories, in its sole discretion, has the right to refuse service to current or future users of the Service, or any other Brilliant Directories service, for any reason at any time. Reasons for this may include but are not limited to: using the Service for illegal purposes or using the Service to post illegal content. In the event your account is terminated all content can be exported and provided to you. You may contact firstname.lastname@example.org to request an export of all your data if you are unable to export it yourself or if you need assistance.
- If a credit card dispute is opened for a payment made for The Service, or if a scheduled payment for The Service is stopped, cancelled or disputed, your account may be terminated immediately, access to The Service will be cancelled and all refund agreements will be voided.
- In the event of a credit card dispute, access to The Service will only be restored once one of the following occurs:
- The Merchant Provider of The Service has provided due notification that the credit card dispute has been resolved in full, and has provided The Service unrestricted access to the disputed funds.
- The full amount of the disputed credit card, plus any other fees due, plus any additional fees incurred by the Service as a result of the credit card dispute has been paid in full. Once The Merchant Provider of The Service has provided The Service unrestricted access to the disputed funds of the initial transaction, said funds will be refunded to the Customer via the standard refund procedure of The Merchant.
D. Modifications to the Service and Prices
- Brilliant Directories reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change. Such notice may be provided at any time by posting the changes to the Brilliant Directories site (BrilliantDirectories.com) or the Service itself.
- Brilliant Directories shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- Transferring of ownership and liability of your account for the Service is possible. This requires an email and/or phone request in order to transfer ownership of the Service to a new party. In order to prevent fraud or accidental ownership transfers, additional security information may be required to protect you from falsified transfers. And until such security information can be provided to verify your identity, your account and the Service will not be transferred to another party. A one-time transfer fee may apply to transfer ownership and liability of the Service to a new party.
- Although upgrading to newer versions of the Service is free, requesting Brilliant Directories to assist with migrations such as, but not limited to, member feature posts and data, design, category structures, widgets, and functionality may incur additional fees, and may not be possible in some circumstances. Brilliant Directories does not guarantee that any of the migrations listed above will be possible when the migration will occur between websites using different software versions or design frameworks.
- If your website is using Brilliant Directories payment processing with the default payment gateway (Brilliant Payments), meaning you are not using your own payment gateway account, you assume all risks associated with the collection of these payments through your website.
- If a member of your website disputes a charge to their credit card or files a chargeback claim on a payment made through your website using the default payment gateway, you cannot request a withdrawal of the funds associated with the disputed transaction until the claim is settled.
- Brilliant Directories will respond to the chargeback claim on your behalf.
- Brilliant Directories may not notify the website owner that a chargeback claim was filed by a member.
- If a chargeback claim is lost and as a result the member receives a refund of the associated transaction, this amount will be deducted from your website's Net Revenue total, and a $20 fee will also be deducted from your Net Revenue Total to compensate for the $20 fee charged by the payment gateway to mediate the dispute.
- If a chargeback claim is won by Brilliant Directories, your Net Revenue Total will not be impacted.
E. Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your domain name, ideas and Content uploaded (including but not limited to videos, audio recordings, file attachments, and written text) remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content.
- We claim no interest, vested interest, ownership, co-ownership, intellectual property rights, private benefit, or possession before, during, or after your use of the Service including but not limited to your domain name, ideas, financial gains, financial losses, investments, profits, content (including but not limited to videos, audio recordings, file attachments, and written text), business models, communications or recipients.
- In no way does using the Service define a legal partnership with Brilliant Directories including but not limited to co-ownership, ownership, partnership, or any other type of bounded legal interest including but not limited to intellectual property, financial gains, financial loses, profits, investments, content, liability, promises, damages, demands, claims, suits, or proceeding.
- Brilliant Directories does not pre-screen users of the Service, and allows anyone to use the Service, but Brilliant Directories has the right (but not the obligation) in its sole discretion to refuse or remove any users from using the Service.
- If a user or users of the Service infringe on the intellectual property rights of another user of the Service over the material that you provide to the Service including but not limited to your domain name, ideas, content (including but not limited to videos, audio recordings, file attachments, and written text), business models, communications, or recipients, you agree that Brilliant Directories assumes no liability, damages, interest, fault, and provides no warranty against this, and you waive any right to pursue any claim, demand, suit or proceeding against Brilliant Directories.
- Brilliant Directories is not affiliated with any users of the Service
- Brilliant Directories claims no relationship, association, or affiliation with users of the Service.
- Any information and opinions expressed by you, the user, through the Service, are solely those of the user and are not the opinions of Brilliant Directories, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS.
- Brilliant Directories does not pre-screen Content, but Brilliant Directories has the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Service.
- You shall defend Brilliant Directories against any claim, demand, suit or proceeding made or brought against Brilliant Directories by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Brilliant Directories for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Brilliant Directories in connection with any such claim, demand, suit or proceeding; provided, that Brilliant Directories (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Brilliant Directories of all liability); and (c) provides to You all reasonable assistance, at Your expense.
F. General Conditions
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and may be available via email, phone or live text chat.
- You understand that Brilliant Directories uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Brilliant Directories, or any other Brilliant Directories service.
- You may use Brilliant Directories subdomains (e.g., yourname.BrilliantDirectories.com) solely as permitted and intended by Brilliant Directories to host your membership sites and marketing pages, and for no other purpose. You may not use Brilliant Directories subdomains in violation of Brilliant Directories’ trademark or other rights or in violation of applicable law. Brilliant Directories reserves the right at all times to reclaim any Brilliant Directories subdomain without liability to you.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Brilliant Directories.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Brilliant Directories customer, employee, member, or officer will result in immediate Account termination.
- Threats against employees: Unfortunately, a few users have made threats against employees in the past. We cannot accept such behavior and regard it as a material breach of the Terms & Conditions of The Service which can lead to the immediate termination of your account for The Service and filing of a report with the relevant authorities. We aim to work with you in a professional, courteous and productive manner.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, or "spam" messages.
- If you create more websites than your plan includes, and do not upgrade to a higher plan, you will be charged per website based on the current prices of the plans which will be assigned based on the feature limits you are using for each website.
- Brilliant Directories does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Brilliant Directories shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Brilliant Directories has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service.
- The failure of Brilliant Directories to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Brilliant Directories and govern your use of the Service, superseding any prior agreements between you and Brilliant Directories (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under California law.
- Questions about the Terms of Service should be sent to legal@BrilliantDirectories.com.
Accuracy and Availability of Information
The Site contains database information and other content compiled by Brilliant Directories. While we use commercially reasonable efforts to provide accurate information, Brilliant Directories gives no warranty as to the accuracy of the database and other content on the Site. Brilliant Directories reserves the right to withdraw or delete information or content from the Site at any time.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE BRILLIANT DIRECTORIES PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE BRILLIANT DIRECTORIES CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE BRILLIANT DIRECTORIES PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE BRILLIANT DIRECTORIES PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE BRILLIANT DIRECTORIES PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE BRILLIANT DIRECTORIES PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF BRILLIANT DIRECTORIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE BRILLIANT DIRECTORIES PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE BRILLIANT DIRECTORIES PARTIES. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." BRILLIANT DIRECTORIES IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Entire Agreement; Severability; No Waiver