Terms of Service

By using or accessing this website, software and/or apps (collectively the "Site"), which have been made available by Brain of Materials or its affiliates, you agree to the following conditions.

1) Acceptance of conditions
2) Content provided by you
3) Information provided by you
4) Intellectual Property
5) Brands and Trademarks
6) Restriction and termination of use
7) Links to third party websites
8) Concluding provisions


1) Acceptance of conditions
You acknowledge and agree to be bound by the terms and conditions outlined below and any changes or additions thereto, which Brain of Materials AG (“Brain of Materials”) may make to these Terms of Service from time to time. If you do not agree with these Terms of Service, do not access or use this website.

Brain of Materials reserves the right to change these Terms of Service from time to time. Your continued access to or use of this website constitutes your acceptance of these changes. Your access to and use of the website is subject to the then-current version of the Terms of Service, Policies and Guidelines posted on the Website. If you violate these Terms of Service, your license to access or use this website will automatically expire.


2) Content provided by you
For all images, text, videos, audio, and other content that you upload to or post on the Site ("Your Content"), you guarantee the following:

(1) You own all necessary rights to submit Your Content to the Website, and you own the licenses to Your Content set forth herein;
(2) Brain of Materials does not need to obtain any licenses from or pay any royalties to any third party for Your Content or in connection therewith;
(3) Your Content does not infringe any rights of any third party, such as intellectual property or privacy rights;
(4) Your Content complies with all applicable laws.

By uploading Your Content, you grant Brain of Materials a limited, worldwide, non-exclusive, royalty-free license to copy, transmit, distribute, publicly perform and display in any media. Your Content will be electronically stored for the purpose of allowing you to edit and display Your Content. This license remains in effect until you remove Your Content from the Site, after which the license expires after a commercially reasonable period. Notwithstanding the foregoing, the license to archive/keep for legal purposes shall remain in effect for an indefinite period of time.

You may not upload, post or transmit any image, text, video, audio or other content that:

(1) Violates any copyright, intellectual property, privacy or data protection rights of any third party;
Is used for fraudulent purposes or creates claims of misleading advertising or unfair competition; or
(2) Violates laws, regulations or ordinances.

You may use Brain of Materials Content only with the appropriate license to use it. Use of Brain of Materials Content is governed by the applicable license agreement you have with Brain of Materials.


3) Information provided by you
Brain of Materials will protect and use your personal information, such as your name and address, in accordance with Brain of Materials’ Privacy Policy.

Brain of Materials (or third parties acting on your behalf) may collect information about your use of the Site. If you access the Site through third-party platforms, they may collect information about your use of those platforms and share that information with Brain of Materials, depending on the agreement you have with that platform.


4) Intellectual Property
Access to and use of this website is permitted subject to compliance with the Terms of Service, any license agreements with Brain of Materials and the law. Brain of Materials remains the sole owner of all rights, title and interest in the Site and reserves all rights not expressly granted herein. Brain of Materials may change, replace or discontinue the Site, or any portion of the Site, at any time, with or without notice and at Brain of Materials’ sole discretion. The Site is provided "as is" and subject to availability.

The entire content of this website, including but not limited to images, videos, and similar metadata (collectively, the "Brain of Materials Content"), as well as the selection and arrangement of Brain of Materials’ content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Unauthorized use of Brain of Materials content violates both these rights and these Terms of Service. Except as expressly provided in this Agreement or in a license agreement between you and Brain of Materials, Brain of Materials prohibits the use of the Site or its contents. You agree not to copy, republish, redesign, link, download, transmit, modify, create derivative works based upon, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense, or reconstruct the Site or the Content. You further agree not to use any data mining, robots or similar data gathering and extraction tools in connection with the Site or the Content.

You may download, distribute, display, or copy Brain of Materials Content only if you enter into a license agreement with Brain of Materials.

You may not remove any watermarks or copyright notices from the Content.


5) Brands and Trademarks
For purposes of these Terms of Service, the term "Trademark(s)" means any common or registered trademark, logo, service mark, trade name, Internet domain name or other indication of source used by Brain of Materials.

The design of the Brain of Materials website, including all page headers, custom graphics, button icons and scripts, is Brain of Materials’ trademark and may not be copied, imitated or used, in whole or in part, without Brain of Materials’ prior written consent.

You agree not to use any Brain of Materials trademarks or variants thereof (including misspellings) as a domain name or, regardless of the top-level domain, as part of a domain name or as a meta tag, keyword or any other type of program code or data.

You agree not to dispute or otherwise challenge the validity of any Brain of Materials Trademarks or trademark rights asserted by Brain of Materials (for example, by legal or other action) or to assist or encourage any other person or entity to do so.

All other trademarks, product names and company names or logos appearing or used on the Site are the property of their respective owners. Reference to products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute Brain of Materials’ endorsement, support or recommendation unless expressly stated otherwise.


6) Restriction and termination of use
Brain of Materials may at any time, in its sole discretion and without prior notice or liability to you, block, restrict, disable, disable or disable your access to the Site or Content. Any conduct by you that, in Brain of Materials’ sole discretion, restricts or prevents other persons or entities from using or enjoying the Site is strictly prohibited and may result in your access being terminated without notice.


7) Links to third party websites
If the Site is available on a third party platform, or allows a third party provider to link to the Site from its platform, you acknowledge and agree that Brain of Materials makes no warranties, express or implied, and assumes no responsibility for the content or practices of such third party providers or their platforms. Such platforms are not under the control of Brain of Materials and Brain of Materials provides and/or permits such links only as a convenience. The inclusion of any link does not imply endorsement, affiliation or adoption by Brain of Materials in any way.


8) Concluding provisions
All claims, disputes and disputes arising out of or relating to these Terms of Service or any breach thereof shall be settled out of court by binding arbitration. The arbitration shall be conducted in Moenchengladbach, Germany, and according to German Law. The arbitration shall be conducted in German. There shall be an arbitrator. Each party shall bear its own costs for the arbitration. The invalidity or unenforceability of any part of this Agreement shall not affect the validity or enforceability of the remainder.