Brave Software Terms of Use changes — 20180621_rev01

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### Miscellaneous

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The Terms of Use are the entire agreement between you and Brave with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Brave with respect to the Service. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Brave shall not be liable for any failure to perform its obligations hereunder due to any cause beyond Brave's reasonable control. The Terms of Use are personal to you, and are not assignable or transferable by you except with Brave's prior written consent. Brave may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. Except as otherwise provided herein, all notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.

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### Copyright Dispute Policy

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The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Service infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked as set forth below (see [http://www.loc.gov/copyright](http://www.loc.gov/copyright) for further details). It is Brave's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. The address of Brave's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.

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The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Service infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked as set forth below (see [https://www.copyright.gov/](https://www.copyright.gov/) for further details). It is Brave's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. The address of Brave's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.

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**A. Procedure for Reporting Copyright Infringements:** If you believe that material or content residing on or accessible through the Brave Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; 2. Identification of works or materials being infringed; 3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Brave is capable of finding and verifying its existence; 4. Contact information about the notifier including address, telephone number and, if available, e-mail address; 5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and 6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

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**B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:** It is Brave's policy: 1. to remove or disable access to the infringing material; 2. to notify the content provider, member or user that it has removed or disabled access to the material; and 3. that repeat offenders will have the infringing material removed from the system and that Brave will terminate such content provider's, member's or user's access to the service.

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**C. Procedure to Supply a Counter-Notice to the Designated Agent:** If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below: 1. A physical or electronic signature of the content provider, member or user; 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 disabled; 3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and 4. Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the content provider's, member's or user's address is located outside the United States, for any judicial district in which Brave is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

9	9	### Modification of Terms of Use
10	10
11	11	Brave reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Brave websites or Service or by sending you an email. Brave may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
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13	13	### Other Policies
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15		For information regarding Brave's treatment of personally identifiable information, please review Brave's current Privacy Policies at [brave.com/privacy\_ios](https://brave.com/ios_privacy.html) and [brave.com/privacy\_android](https://brave.com/android_privacy.html). If you believe that material or content residing on or accessible through the Service infringes a copyright, please review Brave's Copyright Dispute Policy at the bottom of these Terms of Service.
	15	For information regarding Brave's treatment of personally identifiable information, please review Brave's current Privacy Policies at [brave.com/privacy\_ios](https://brave.com/ios_privacy.html) and https://brave.com/privacy/. If you believe that material or content residing on or accessible through the Service infringes a copyright, please review Brave's Copyright Dispute Policy at the bottom of these Terms of Service.
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17	17	### Brave Browser License
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19	19	The executable code version of the Brave browser is made available under the terms set forth below. Source code for parts of the Brave browser may be available for use under open source licenses and accessible via [https://github.com/brave](https://github.com/brave). Nothing in this Agreement will be construed to limit any rights granted under such open source licenses with respect to code specifically covered by such licenses.
20	20
21	21	Subject to the terms hereof, Brave grants you a personal, non-exclusive license to install and use the executable code version of the Brave browser. Brave and its licensors shall retain all intellectual property rights in the Brave browser (and Service), except for the rights expressly granted in this Agreement. You may not remove or alter any trademark, or logo (collectively, "Marks"), copyright or other proprietary notice on the Brave browser. This license does not grant you any right to use Marks of Brave or its licensors. If you breach this Agreement, the above license and your right to use the Brave browser will terminate immediately and without notice. Upon termination, you must destroy all copies of the Brave browser.
49	49	### Miscellaneous
50	50
51	51	The Terms of Use are the entire agreement between you and Brave with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Brave with respect to the Service. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Brave shall not be liable for any failure to perform its obligations hereunder due to any cause beyond Brave's reasonable control. The Terms of Use are personal to you, and are not assignable or transferable by you except with Brave's prior written consent. Brave may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. Except as otherwise provided herein, all notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
52	52
53	53	### Copyright Dispute Policy
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55		The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Service infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked as set forth below (see [http://www.loc.gov/copyright](http://www.loc.gov/copyright) for further details). It is Brave's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. The address of Brave's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
	55	The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Service infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked as set forth below (see [https://www.copyright.gov/](https://www.copyright.gov/) for further details). It is Brave's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. The address of Brave's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
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57	57	A. Procedure for Reporting Copyright Infringements: If you believe that material or content residing on or accessible through the Brave Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; 2. Identification of works or materials being infringed; 3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Brave is capable of finding and verifying its existence; 4. Contact information about the notifier including address, telephone number and, if available, e-mail address; 5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and 6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
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59	59	B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent: It is Brave's policy: 1. to remove or disable access to the infringing material; 2. to notify the content provider, member or user that it has removed or disabled access to the material; and 3. that repeat offenders will have the infringing material removed from the system and that Brave will terminate such content provider's, member's or user's access to the service.
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61	61	C. Procedure to Supply a Counter-Notice to the Designated Agent: If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below: 1. A physical or electronic signature of the content provider, member or user; 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 disabled; 3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and 4. Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the content provider's, member's or user's address is located outside the United States, for any judicial district in which Brave is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

Terms of Use

Full text changes — 20180509_rev01 to 20180621_rev01