Terms of Use

Note: You are concluding a Legally Binding Agreement.

By accessing, viewing, downloading or otherwise using Brain Gain Network or any webpage or feature available through Brain Gain Network, any information provided as part of the Brain Gain Network services, or any related e-mails, newsletters or services (hereinafter collectively "Brain Gain Network" or the "Services"), or by clicking "Register" during the registration process, you conclude a legally binding agreement with Brain Gain Network, Unit 105 Plaza B, Northgate Cyberzone, Muntinlupa City, 1781 Philippines ("we") based on the terms of this Brain Gain Network User Agreement ("Agreement") and become a Brain Gain Network user ("User"). If you are using Brain Gain Network on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT click "Register" and do not access, view, download or otherwise use any Brain Gain Network webpage, information or services.

We encourage you to read this User Agreement with great care in order to participate with us as a User in the development of a quality service and first-rate Internet. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions.

1. Obligations

Comply with the laws and the Agreement. You must comply with all applicable laws, the Agreement, as may be amended, and the following terms, which are incorporated into this Agreement:

  • Dos and Don'ts
  • Notice and Take-Down Procedure Terms for Companies regarding Copyright Infringement and Content
  • Other Notices
  • Brain Gain Network's Privacy Policy

License and warrant your submissions. You do not have to submit anything to us, but if you choose to submit something (including any User generated content, ideas, concepts, techniques and data), you must grant, and you actually grant by concluding this Agreement, a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licenseable, fully paid up and royalty free right to use to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not it violation of any contractual restrictions or other third party rights. You further agree to inform Brain Gain Network in the event that any such information has changed since your registration with Brain Gain Network and, if appropriate, you agree to make such modifications yourself to your profile.

Brain Gain Network exercises no control over any content you or others submit while using Brain Gain Network. Brain Gain Network has no obligation to verify the identity of any Users when they are connected to the site or to supervise the content which has been provided by Users. Note that we describe our current practices related to personally identifiable information collected through Brain Gain Network in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform Brain Gain Network.

Prior to joining Brain Gain Network, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of Brain Gain Network Users and to Brain Gain Network and you must not communicate to Brain Gain Network and its Users any information the dissemination of which could be harmful to you.

Service Eligibility. You represent and warrant that you (a) are not under the age of 21; (b) have not previously been suspended or removed from Brain Gain Network; (c) are not a direct competitor of Brain Gain Network; (d) do not have more than one Brain Gain Network account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to Brain Gain Network, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service.

Keep your password secure. Keep your password confidential, do not use other User's accounts and do not let others use your account; you are responsible for anything that happens through your account - until you notify us of a breach administrator@bgn.org, close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading, or otherwise transferring your Brain Gain Network account or any information therein to another party or charging anyone for access to any portion of Brain Gain Network, or any information therein.

Indemnify us. You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorney's fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to Brain Gain Network or (c) any activity in which you engage on or through the Brain Gain Network.

Pay. If you subscribe to any services that we offer for a charge, you will pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts.

Notify us of acts contrary to the Agreement. If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with details, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.

Premium Services. If you have access to any of Brain Gain Network's Premium Services, this User Agreement applies to your use of such services.

Mobile Services. Certain parts of the Service may be available via your mobile phone or accessible on your mobile phone through a downloadable application ("Mobile Services"). In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Service may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile number, you agree to promptly update your Brain Gain Network account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of the mobile End User License Agreement provided at download.

Forums, Blogs, Chat Rooms. Brain Gain Network may include various forums, blogs and chat rooms where you can posts your observations and comments on designated topics. Brain Gain Network cannot guarantee that other members will not use the ideas and information shared. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want users to use, do not post it on the Service. BRAIN GAIN NETWORK AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR A MEMBER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.

Privacy. You should carefully read our full Privacy Policy before deciding to become a User of Brain Gain Network. Please note that certain information, statements, data and content (such as photographs) which you may choose to provide might, or are likely to, reveal your gender, ethnic origin, nationality, religion and/or sexual orientation, and that you are providing all such information, statements, data and content in full acknowledgment thereof and under your sole responsibility. By providing such information to us, all of which is optional, you are hereby expressly giving your informed consent to the processing by us of such "sensitive" data.

Export Control. Your use of Brain Gain Network services, including its software, is subject to export and re-export control laws and regulations, and sanctions programs maintained by the Republic of the Philippines. You shall not - directly or indirectly - sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining any required authorization from the appropriate government authorities. You also warrant that you are not prohibited from receiving Philippine origin products, including services or software.

2. User's Rights

On the condition that you comply with all your obligations under the Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-sub-licenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) to view information that we provided on Brain Gain Network webpages as we intend such information to be used, and only in accordance with the Agreement and any specific terms of use that we make available to you. You may submit information to us at your own risk of loss per Sections 1, 4 and 8 hereof. We grant you no other rights, implied or otherwise.

3. Brain Gain Network Rights and Obligations

The purpose of Brain Gain Network is to provide a service to facilitate professional networking among Users throughout the Philippines and the world. It is intended that Users only connect to other Users who they currently know and seek to further develop a professional relationship with those Users.

For as long as Brain Gain Network continues to offer services, Brain Gain Network shall provide (and seek to update, improve and expand, in similar and different new ways) the Brain Gain Network platform and service with the purpose of providing all members with professional networking connectivity, through Brain Gain Network's proprietary tools, rules and protocols which Brain Gain Network may update, improve, discontinue and charge at any time, at Brain Gain Network's sole discretion.

Any other use of Brain Gain Network (such as seeking to connect to someone a User does not know or to use Brain Gain Network as a means of generating revenue through the sale of contacts or information to others) is strictly prohibited and is a violation of this Agreement.

We allow you to access Brain Gain Network as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Brain Gain Network, partially or entirely, or to charge and modify prices for Brain Gain Network. All of these changes shall be effective upon their posting on our site or by e-mail communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Brain Gain Network and all related items.

Brain Gain Network reserves the right to withhold, remove and/or discard any content available as part of your account, with or without notice. For avoidance of doubt, Brain Gain Network has no obligation to store, maintain, or provide you a copy of any content that you or other Users provide when using the Services.

Brain Gain Network may include or automatically produce links to third party web sites ("Third Party Sites"). Brain Gain Network is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. Brain Gain Network may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave Brain Gain Network and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from Brain Gain Network or relating to any application you use or install from the site.

Brain Gain Network enables certain third party developers ("Platform Developers") to create websites and applications that retrieve data made available by Brain Gain Network and its users and/or that retrieve authorized data from third party sites for sue through the Service ("Platform Applications").

Platform Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using their respective Platform Applications. For a more detailed discussion of Platform Developers, please refer to Brain Gain Network's Privacy Policy.

You acknowledge and agree that we may send you important information and notices regarding the Service by e-mail or through other means, including mobile or other handheld devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Brain Gain Network, the Brain Gain Network Affiliates, its Users and the public.

Brain Gain Network may limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the Services.

You are solely responsible for your interactions with other members. Brain Gain Network reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if Brain Gain Network determines, in its soles discretion, that doing so is prudent.

4. Disclaimer

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

DO NOT RELY ON BRAIN GAIN NETWORK, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR BRAIN GAIN NETWORK AND ALL INFORMATION AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY BRAIN GAIN NETWORK OR ANYTHING RELATED TO BRAIN GAIN NETWORK, YOU MAY LEAVE BRAIN GAIN NETWORK AND TERMINATE THE AGREEMENT IN ACCORDANCE WITH SECTION 6 HEREOF AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

BRAIN GAIN NETWORK IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH BRAIN GAIN NETWORK TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE OR TECHNOLOGY.

BRAIN GAIN NETWORK DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, BRAIN GAIN NETWORK DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

BRAIN GAIN NETWORK DOES NOT GUARANTEE THAT THE SERVICES WHICH IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THEIR OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES OR TECHNICAL IMPROVEMENTS. BRAIN GAIN NETWORK DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, BRAIN GAIN NETWORK DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE BRAIN GAIN NETWORK SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO BRAIN GAIN NETWORK.

5. Limitations of Liability

SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

Neither Brain Gain Network Ventures nor any of its subsidiaries, affiliated companies, employees, shareholders or directors ("Brain Gain Network Affiliates") shall be liable for (1) any damages in excess of five times the most recent monthly fee that you paid for a premium account, if any, or $100, whichever amount is greater, or (2) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Brain Gain Network even if Brain Gain Network is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall:

  • Apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided herein fail of their essential purpose, and

  • Not apply to any damage that Brain Gain Network Affiliates cause you intentionally and knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be derogated from in this Agreement.

6. Termination

You may terminate this Agreement, for any or no cause, at any time, with notice to Brain Gain Network which shall be effective upon Brain Gain Network processing such notice. Brain Gain Network may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to any Premium Service may be terminated only by Brain Gain Network or the party paying for such services. Termination of your Brain Gain Network account includes disabling your access to Brain Gain Network (including any content you submitted or other submitted) and may also bar you from any future use of Brain Gain Network.

In furtherance and without limiting the foregoing, Brain Gain Network has adopted a policy of terminating, in appropriate circumstances and at Brain Gain Network's sole discretion, members who are deemed to be repeat infringers under the Republic of the Philippines' Copyright Act (?). Brain Gain Network may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

7. Consequences of Termination

Upon termination, you lose access to Brain Gain Network. The terms of this Agreement shall survive any termination, except Section 2 and 3 hereof.

8. Republic of the Philippines' Law and Arbitration

Choice of Law. The Agreement and any dispute with us or any Brain Gain Network Affiliate arising out of or relating to the Agreement or Brain Gain Network ("Disputes") shall be governed by the Republic of the Philippines law.

Agreement to Arbitrate and Pay Attorney's Fees. Any Dispute shall be resolved by final and binding arbitration under the rules and auspices of the Republic of the Philippines, to be held in the Philippines, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration fees and reasonable attorney's fees of both parties to be borne by the party that ultimately loses.

Exception from Arbitration Agreement. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.

Refundable Fee Advances for Consumers. If you are involved in a Dispute as a consumer without any commercial interests related to the Dispute, we will agree to conduct arbitration proceedings in a major City or in your country if travel to the Philippines would constitute an undue burden for you, and we will advance any arbitration fee that exceed what you would have to pay for court proceedings (if you substantiate and represent to us in a written statement what court proceedings would have cost) provided that you shall refund such amounts if we ultimately prevail in the arbitration.

9. General Terms

Severability. If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.

Notices. We may notify you via postings on www2.bgn.org, via e-mail or any other communication means based on the contact information you provided us. You may also notify us via administrator@bgn.org and via mail or courier to BGN Ventures, Unit 105 Plaza B, Northgate Cyberzone, Muntinlupa City, 1781 Philippines; any notices that you provide without compliance with this Section on Notices shall have no legal effect.

Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understanding, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

Amendments to this Agreement. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www2.bgn.org or notifying you otherwise. If you do not want to agree to changes in the Agreement, you can terminate the Agreement at any time per Section 7 hereof.

No informal waivers, agreements or representations. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Brain Gain Network Affiliate shall be deemed legally binding on any Brain Gain Network Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Brain Gain Network.

No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.

Beneficiaries. Brain Gain Network Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.

Assignment and Delegation. You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, Brain Gain Network Ventures for any third party that assumes our rights and obligations under this Agreement.

10. Complaints

Regarding copyright infringement complaints, see our policies and procedures for Complaints Regarding Copyright Infringement. With respect to content-related complaints, see our policies and procedures for Complaints Regarding Content.

11. Brain Gain Network User Dos and Don'ts

As a condition to access Brain Gain Network, you agree to this User Agreement and to strictly observe the following Dos and Don'ts.

Do

  • comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
  • provide accurate information to us and update it as necessary;
  • review the Privacy Policy; and
  • review and comply with notices sent by Brain Gain Network concerning Brain Gain Network;

Don't

  • duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit Brain Gain Network (excluding content posted by you) except as permitted in the User Agreement;
  • reverse, engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide Brain Gain Network, or any part thereof;
  • include confidential information in your profile which reveals your identity such as an e-mail, phone number or address;
  • utilize information, content or any data you view and/or obtain from Brain Gain Network to provide any service that is competitive in Brain Gain Network's sole discretion with Brain Gain Network;
  • imply or state, directly or indirectly, that you are affiliated with or endorsed by Brain Gain Network unless you have entered into a written agreement with Brain Gain Network Ventures (this includes representing yourself as an accredited Brain Gain Network trainer if you have not been certified by Brain Gain Network as such);
  • adapt, modify or create derivative works based on Brain Gain Network or technology underlying the Services, or other Users' content, in whole or part;
  • rent, lease, loan, trade, sell/re-sell access to Brain Gain Network or any information therein, or the equivalent, in whole or part;
  • deep-link to the Site for any purposes, (i.e. including a link to a Brain Gain Network web page other than Brain Gain Network's home page) unless expressly authorized in writing by Brain Gain Network or for the purpose of promoting your profile or a Group in Brain Gain Network;
  • access, reload or "refresh" or make any other request to transactional servers more than once during any three second interval;
  • use manual or automated software, devices, scripts robots, other means or processes to access, "scrape", "crawl" or "spider" any web pages contained in the site;
  • use automated methods to add contacts, send messages or other permitted activities;
  • access via automated or manual means or processes , Brain Gain Network for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
  • engage in "framing", "mirroring" or otherwise simulating the appearance or function of Brain Gain Network's website;
  • attempt to or actually access Brain Gain Network by any means other than through the interface provided by Brain Gain Network;
  • engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
  • remove any copyright, trademark or other proprietary rights notices contained in or on Brain Gain Network, including those of both Brain Gain Network or any of its licensors;
  • remove, cover or otherwise obscure any form of advertisement included as part of Brain Gain Network;
  • use any information obtained from Brain Gain Network to harass, abuse or harm another person;
  • collect, use or transfer any information, including but not limited to, personally identifiable information obtained from Brain Gain Network except as expressly permitted in the User Agreement or the owner of such information may expressly permit;
  • interfere with or disrupt Brain Gain Network, including but not limited to any server or network connected to Brain Gain Network, or disobey any requirement, procedure, policies or regulation of networks connected to Brain Gain Network;
  • invite people with whom you have no prior relationship to join your network;
  • upload a cartoon, symbol, drawing or any content other than a photograph of yourself in your profile photo;
  • use or attempt to use another's account without authorization from the Company, or create a false identity in Brain Gain Network;
  • infringe or use Brain Gain Network's brand, logo and/or trademark, including, without limitation, using the words "Brain Gain Network" in any business name, e-mail or URL or including Brain Gain Network's trademark and logo in any website without authorization;
  • upload, post, e-mail, transmit or otherwise make available or initiate any content that:
    • falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
    • is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
    • includes telephone numbers, e-mails, street addresses or any personal identifiable information for which there is not a field provided by Brain Gain Network;
    • includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
    • infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
    • includes any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation. This prohibition includes but is not limited to (a) using Brain Gain Network invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (b) using Brain Gain Network to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases.
    • contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Brain Gain Network or any User of Brain Gain Network;
    • forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
    • adds to a field content that is not intended (i.e. submitting a telephone number in the "title" or any other field).
  • Participate, directly or indirectly, in the setting up or development of a network which seeks to implement practices which are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a network thereof or other similar practices.

Claims Regarding Copyright Infringement

Each User grants Brain Gain Network a license to use the content supplied by each User for the purposes of disclosure on the Brain Gain Network website.

This license includes inter alia, the right for Brain Gain Network to reproduce, represent, adapt, translate, digitize, use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer the content concerning each User (including information, pictures, descriptions, search criteria, etc.) over all or part of the Services and/or in any mailings of Brain Gain Network and in general through any electronic communication media (e-mail, SMS, MMS, WAP, Internet, CD Rom or DVD).

Each User expressly authorizes Brain Gain Network to modify said content in order to conform to the interface or display requirements of the Services or of other communications media as set forth above, and/or to render them compatible with its technical performance or media format in question. These rights are granted throughout the world and for the entire term of this Agreement. The User is prohibited from copying, reproducing or otherwise using the content relating to other Users of Brain Gain Network for any purpose other than for those purposes strictly related to use of the Brain Gain Network services for personal purposes.

Pursuant to the Digital Millennium Copyright Act [note: is there a version for the Republic of the Philippines?], Brain Gain Network Ventures has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Brain Gain Network Ventures' Copyright Agent the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number and e-mail.
  5. A statement by you that you have good faith or belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Brain Gain Network Ventures' Copyright Agent for Notice of claims of copyright infringement can be reached as follows by e-mail administrator@bgn.org or by mail to:

Brain Gain Network Ventures

ATTN: Copyright Agent

Unit 105 Plaza B

Northgate Cyberzone

Muntinlupa 1781

Philippines

Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

  1. Brain Gain Network Ventures may remove or disable access to the material that is alleged to be infringing;
  2. Brain Gain Network Ventures may forward the written notification to such alleged infringer; and
  3. Brain Gain Network Ventures may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.

Counter-Notification:

If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with Brain Gain Network Ventures' Copyright Agent.

To be effective, a Counter-Notification must be a written communication provided to Brain Gain Network Ventures' Copyright Agent for Notice that includes the following information:

  1. A physical or electronic signature of the alleged infringer;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the alleged infringer has good faith or belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. The alleged infringer's name, address and telephone number, and a statement that the alleged infringer consents to the jurisdiction of the Republic of the Philippines for the judicial district in which the address is located, or if the alleged infringer's address is outside of the Republic of the Philippines, for any judicial district in which Brain Gain Network Ventures may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter-Notification containing the information as outlined in items 1 to 4 above:

  1. Brain Gain Network Ventures may promptly provide you with a copy of the Counter-Notification;
  2. Brain Gain Network Ventures may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and
  3. Brain Gain Network Ventures may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) days following receipt of the Counter-Notification, provided Brain Gain Network Ventures' Copyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Brain Gain Network Ventures' network or system.

You may want to seek the advice of an independent legal counsel before filing a notification or counter-notification.

Notice and Procedure for Making Complaints Regarding Content

To notify Brain Gain Network Ventures of Content that infringes your rights (other than copyright violations) or is otherwise unlawful ("Specified Content"), you must send a notice to Brain Gain Network Ventures' Content Complaint Manager by mail, e-mail or fax and provide the following information:

  • Your name, address, telephone number and e-mail;
  • A description of the Specified Content that your claim either infringes your rights or is otherwise unlawful, specifying which parts of it you believe infringe your rights, or are unlawful, and which parts you believe should be removed;
  • A description of the exact location of the Specified Content on the Web Site;
  • In the event you believe that the Specified Content infringes your rights, a statement specifying in detail the rights you assert, and why the Specified Content infringes them;
  • In the event you believe that the Specified Content infringes your rights, a statement specifying in detail which laws you believe are being breached, and why the Specified Content does so;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are damaged by the Specified Content or authorized to act on such person's behalf; and
  • Your electronic or physical signature (as appropriate).

When we receive a notice that complies with the above requirements, we will evaluate the information you provided (including, if appropriate, forwarding the notice to, or otherwise contacting the source of the Specified Content), and if appropriate in our judgment, remove or disable access to the Specified Content. In such case, we may notify the source of the Specified Content of your complaint and our action taken. In some cases, if the source of the Specified Content provides us with information indicating that the Specified Content has been removed wrongly, we may reinstate the Specified Content. Our take-down and reinstatement procedures are and remain at our sole discretion.

You may want to seek the advice of an independent legal counsel before filing a notice or responding to a notice filed by someone else.

Brain Gain Network Ventures Content Complaint Manager

Contact information for Brain Gain Network Ventures' Content Complaint Manager is as follows:

E-mail: administrator@bgn.org

Mail:

Brain Gain Network Ventures

ATTN: General Counsel

Unit 105 Plaza B

Northgate Cyberzone

Muntinlupa City 1781

Philippines