Our terms of services cover any access to any of our services including Brachyon's applications, websites, APIs, email notifications, commerce services, ticketing, ads, and any information, photos, graphics, or other materials . Using any of our services is conditioned upon your consent and compliance of the Terms. Using any of these services bounds you to these terms.
These terms will be readily accessible at any time regardless if you have an account with Brachyon or not, and understanding these terms is your responsibility. At any given time these terms may be revised and changed. We will make an announcement and alert you of any major changes to the terms and place the timestamp of the last revision at the bottom of these terms.
By using our services, you are responsible for anything you upload and the consequences of doing so. Banners uploaded onto your account or public tournaments by default will be accessible to any other users of the website including third party services and other websites. Otherwise information uploaded onto your account such as name, location, age, and any other information will be private for only the your viewing by default, but whom you restrict it to may limit some of the services accessible.
Copyrighted material uploaded onto Brachyon is prohibited unless you own the copyright or have legal access to the material. Any material deemed inappropriate (vulgar, obscene, profane, threatening, or invasive of privacy for example) will be removed and can be used as grounds to terminate your account. If you believe any material uploaded is copyrighted or inappropriate, it is encouraged that you alert the administration staff of the website.
You are responsible for the safeguarding of your account information such as your password and email. Brachyon is not responsible for any losses or damages resulting from a compromised password. It is encouraged that you keep a strong password and do not give away your information to any other third party. You are responsible for any activity on your account. At any point of time Brachyon reserves the right to terminate your account.
Event Creation Service
At any time Brachyon can terminate a created event. Reasons for doing so may be (but not limited to) for any of the following: Request by the owner of the intellectual property the tournament is held for, display of inappropriate material, termination of account of event holders, violation of other terms, violation of local or federal law, or repeated failure to meet with promised timeline.
For any crowdfunded event you must agree to a timeline detailing out the time limit for which the funding takes place, the time in which the tournament is held, and when the prizes for the tournaments are released. Agreeing to this timeline is paramount to the trust between Brachyon and the crowdfunders and failure to comply can result in mandatory refund to the backers and potentially termination of your account. Funding for the tournament can continue given that the goal is met until a week prior to the date of the tournament's launch.
At the end of the goal, 5% of the overall goal will be collected by Brachyon during the transfer process to the creator including any further pledges past the goal.
When promising certain amounts of funds to an event, you will be charged when funding for the tournament ends given it met its goal. If the event fails to reach its goal then no funds will be taken nor used elsewhere. At any time you are allowed to cancel your pledge into a tournament prior to the end of the funding stage. For any stretch goals or rewards you may be required to answer questions such as mailing address and country to receive them.
After the funding stage of a tournament, refunds are done through Stripe. Tournament quality cannot be guaranteed by Brachyon but by the event creator. Any and all payments after the pledge will be collected immediately and is under the same rules of refunding as any cash collected by the end of the goal.
Tournament Management Software
Access to the tournament management software is free to use and does not require an account, although guarantee of saving the information of the tournament requires an account. Tournament progress can be linked to a created event and tracked from there. Other viewers along with third party websites can receive and track progress of a tournament at any given time.
If set up to do so, you can link your account toward a tournament to record your statistics onto your account. This process requires the confirmation of both the tournament manager and the user account itself. Anyone viewing the tournament including third party websites can view your account from the tournament page unless you choose to opt out. Some tournaments may require you to link your account or may not allow linking.
Costs of Service
Tournament management, account creation, event participation, and event creation without crowdfunding are free to use for any user. 5% of funds from crowdfunding will be taken for us given the event meets its goal, and 5% of the funds funded afterward will also be charged. If using rewards or stretch goals provided by other companies the company may take their own cut as well. The size is up to the discretion of the company. A small percent is required to be payed to Stripe for ticketing, it is up to the event creators' discretion for whether the creator will pay it or the participants will pay it.
Under any situation where your action leads Brachyon to be sued or break the terms of service, you agree through these terms that you are to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including within reason the legal costs and attorney fees) from your use or misuse of our services related to the lawsuit. At any time, Brachyon reserves the right to take exclusive control of the defense of the matter subject to this cause, in which case you must cooperate and help us in this defense.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRACHYON, ITS EMPLOYEES, PARTNERS, DIRECTORS, SUPPLIERS, OR CONTENT PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTIAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, (i) INCLUDING ACCESS OR LACK OF ACCESS TO OF SERVICES, (ii) ANY CONDUCT OR CONTENT FROM THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, OFFENSIVE, DEFAMATORY, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, (iii) ANY CONTENT OBTAINED FROM THE SERVICES, (iv) UNAUTHORIZED ACCESS, USE OF ALTERATION OF YOUR TRANSMISSIONS OF CONSENT. BRACHYON'S LIABLILITY WILL UNDER NO SITUATION FOR DIRECT DAMAGES EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
BRACHYON DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (WRITTEN OR ORAL) GIVEN OR OBTAINED BY YOU FROM BRACHYON SHALL CONSTITUTE AS ANY KIND OF WARRANTY.
Law and Jurisdiction
These terms and any action related to these terms are governed and under the jurisdiction of the state of California without regard to or application of its conflict of law provisions or your state or country of residence. Any and all claims, legal proceedings or litigation related to these terms or services will be brought to the Los Angeles federal or state courts. Agreeing to these terms means you waive any objection to the use of these courts for reasons of inconvenience and consent to their jurisdiction.
These terms supersede or replace any prior agreement, whether written or oral, between Brachyon and your use of these services. We may at any time revise and change these terms, but the most updated revision of the terms will be found at http://www.brachyon.com/terms. Brachyon will update you during any major revision through the email associated with your account. By continuing to use our services, you give us your consent to be bound by these revisions.
Children and Brachyon
Brachyon is not directed at people under the age of 13, and Brachyon does not knowingly collect any personal information from such people. If you know that a user under the age of 13 is accessing Brachyon, please contact us here.