1. About Brain Shift Radio
Brain Shift Radio (BSR) is an online subscription-based streaming auditory brain stimulation program employing Rhythmic Entrainment Intervention (REI) technology. REI is based on techniques used around the world for thousands of years. These techniques rely on two aspects of the human nervous system: that a repetitive rhythmic stimulus can have a synchronizing effect and that a novel stimulus can have an activating effect on the brain.
REI was developed by Jeff Strong after ten years of ethno-musicological research into traditional rhythm-healing techniques (1983-1993). Starting in 1993, clinical research was conducted to develop the protocols for REI. Over the last 20 years numerous research projects have been conducted, with studies and articles published in various journals (you can read some of the research in the Resource section of the Strong Institute website).
Brain Shift Radio is also unique in that it separates the core components of REI - the rhythm and ambient - and allows listeners to choose and mix these components to their desires.
Brain Shift Radio is a streaming internet service and requires a high-speed internet connection of at least 512kbps and computer device with an up-to-date internet browser containing current java and flash plug-ins in order to operate effectively. If you are unsure if you have the proper computer capabilities go to http://www.stronginstitute.com/browser.html to do a browser check. If your browser is out of date and can't be upgraded you should not try to use the Brain Shift Radio service.
2. Acceptance of Terms of Use
These Terms of Use, which include our Privacy Policy govern your use of the Brain Shift Radio service, including all features and functionalities, instant streaming, our website and user interfaces, and all content and software associated therewith (the "Brain Shift Radio service" or "service"). By using, visiting, or browsing Brain Shift Radio, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use Brain Shift Radio, including our website and user interfaces.
These Terms of Use govern your use of the Brain Shift Radio and you should read them carefully. The Brain Shift Radio service is provided by Strong Institute, Inc.
3. Changes to the Agreement
Brain Shift Radio may make changes to this Agreement at its sole discretion. Any material changes will be communicated to you and your acceptance of and / or continued use of the Brain Shift Radio Service after such notification of changes to this Agreement will constitute your acceptance of such changes.The most current version of the Terms of Use will supersede all previous versions.
4. Privacy and communications preferences
Any personally identifying information submitted through the Brain Shift Radio service is subject to our privacy policy http://www.stronginstitute.com/about/strong-institute-privacy-notice.html. Please review our Privacy Policy as you accept the policy simply by using the Brain Shift Radio service.
By using our service, you are consenting to receive certain communications from us. By using the Brain Shift Radio service, you consent to receiving electronic communications from Brain Shift Radio. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Brain Shift Radio and you receive them as part of the Brain Shift Radio membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You may also opt-in to receive our Brain Shift Radio newsletter. The Brain Shift Radio newsletter contains tips on using Brain Shift Radio, features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply click on the unsubscribe link in our email communications.
5. Accounts
By creating a Brain Shift Radio account, you confirm that you are 18 years of age or more, or that you are 12 years of age or more and that you have received your parent’s or guardian’s consent to enter into this Agreement, that you have your residence in one of the countries in which Strong Institute provides the Brain Shift Radio Service, that any registration information that you submit to Brain Shift Radio is true, accurate and complete, that you will update such information in order to keep it current, and that you agree to the terms and conditions of this Agreement and the privacy policy (http://www.stronginstitute.com/about/strong-institute-privacy-notice.html).
6. Term and termination
This Agreement will become effective in relation to you when you create a Brain Shift Radio account or when you start using the Brain Shift Radio Service and will remain effective until terminated by you or Brain Shift Radio. You may cancel your subscription to Brain Shift Radio at any time by visiting your preferences page in your profile. Termination shall have effect at the expiration of the then-current subscription period that you have already paid for (e.g. one month, one quarter or a year). Brain Shift Radio will not refund any remaining portion of subscription fees you have already paid for.
Brain Shift Radio reserves the right to terminate this Agreement or suspend your Brain Shift Radio account at any time in case of unauthorized or suspected unauthorized use of the Brain Shift Radio Service whether in contravention of this Agreement or otherwise. If Brain Shift Radio terminates this Agreement, or suspends your Brain Shift Radio account for any of the reasons set out in this section, Brain Shift Radio shall have no liability or responsibility to you, and Brain Shift Radio will not refund any amounts that you have previously paid.
7. Customer support
If you have any questions concerning the Brain Shift Radio Service or this Agreement, please contact customer support by emailing us at [email protected] or calling 800-659-6644.
8. Copyrights and intellectual property
8.1 Brain Shift Radio content
All content contained on brainshiftradio.com, including all audio, video, text, images, are the property of Strong Institute, Inc.
8.2 Member mixes
All member mixes, including tracks, mix ratios, titles and descriptions, are the property of the Strong Institute, Inc. You may share links to your mix but you are bound by the Restrictions of Use (section 9).
9. Restrictions of use
As a user of Brain Shift Radio, you agree that you may not (without limitation): copy, reproduce, “rip”, record, make available to the public or otherwise use any part of the Brain Shift Radio Software Application or the Brain Shift Radio Service or its content (including but not limited to tracks, mixes, images and text) in a manner not expressly permitted under this Agreement; sell or attempt to sell any invite to access the Brain Shift Radio Service, or resell any code used to access the Brain Shift Radio Service; provide your password to any other person or use any other person's user name and password; reverse-engineer, decompile, disassemble, modify, duplicate, or create derivative works based on the Brain Shift Radio Software Application or the Brain Shift Radio Service or any part thereof; circumvent any technology used by Brain Shift Radio, its licensors, or any third party to protect content accessible through the Brain Shift Radio Software Application and Brain Shift Radio Service; rent or lease any part of the Brain Shift Radio Software Application or the Brain Shift Radio Service; use the Brain Shift Radio Software Application or the Brain Shift Radio Service in a way that violates the terms of this Agreement; circumvent any territorial restrictions applied by Brain Shift Radio; artificially increase play count or otherwise manipulate the Brain Shift Radio Software Application or the Brain Shift Radio Service by using a script or other automated process; and import any local files which you have not legally acquired into the Brain Shift Radio Service.
In addition to the above, you agree to take all reasonable care to prevent unauthorized use of the Brain Shift Radio Software Application and the Brain Shift Radio Service and its content. You also acknowledge and agree that Brain Shift Radio may remove or reclaim your username at any time if Brain Shift Radio in its absolute discretion considers such action appropriate.
10. Brain Shift Radio community
The Brain Shift Radio service has features that allow you to make your profile publicly available, share links to mixes and playlists with other users of Brain Shift Radio and with others outside of the Brain Shift Radio community. If you use Brain Shift Radio, you must respect other users of the Brain Shift Radio community in your interactions with them. Brain Shift Radio reserves the right, in its absolute discretion, to disable your account if it believes that you are violating this principle. Unacceptable behaviour will result in your account being terminated and you being blocked from accessing the Brain Shift Radio Service. Examples of unacceptable behaviour include, but are not limited to: giving mixes offensive, abusive, defamatory, pornographic or obscene titles and/or descriptions; harassing or bullying other users; spamming other users, or using automated means to artificially promote content; and using a photo on your profile that infringes the copyright of a third party, or is offensive, abusive, defamatory, pornographic or obscene.
11. Disclaimer
Brain Shift Radio is for entertainment purposes only and is not intended to diagnose, treat, cure or prevent any disease or psychological or mental disorder. It is also not a substitute for a qualified doctor’s or mental health profession’s care. If you have a specific condition, please consult your licensed health care professional.
The information contained on this website is for educational and entertainment purposes only. Due to the experimental nature of REI brain stimulation techniques, and because it is a relatively new approach and the extent of its effectiveness, as well as its risks and benefits are not fully known, as a user you agree to assume and accept full responsibility for any and all risks associated with using any Brain Shift Radio content. You understand that your choice to use brainshiftradio.com is of your own free will and you are not subject to any outside pressure.
The Strong Institute's research has shown that Brain Shift Radio's REI tracks can offer episodic improvements in the symptom areas provided by Brain Shift Radio, but neither Brain Shift Radio nor the Strong Institute and their officers and directors guarantee episodic improvements in symptoms. As a user you accept the risk that Brain Shift Radio may have no impact whatsoever on your symptom areas.
Brain Shift Radio's Sleep and Meditation tracks can induce a sleep and meditative state. Users are not to use heavy equipment or any equipment that requires an alert state before or while playing Sleep and Meditation tracks.
Brain Shift Radio's REI tracks are designed to be played at a low volume. Playing BSR tracks at a volume that is too high can incite anxiety or aggression in the user. Brain Shift Radio assumes no responsibility whatsoever for adverse reactions such as anxiety or aggression that may result from a user who plays BSR tracks at a volume that is too high. If a listener is agitated by a BSR it is their responsibility to stop listening to the BSR tracks.
12. Limitation of liability
In no event shall Brain Shift Radio, its affiliates, officers, directors, employees, licensors or any third parties be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use the Brain Shift Radio Service (including but not limited to its content), even if you have advised Brain Shift Radio about the possibility of such loss, and including any damages resulting therefrom. Your only right with respect to any problems or dissatisfaction with the Brain Shift Radio Service is to stop using the Brain Shift Radio Service.
13. Indemnity
You agree to indemnify and hold Brain Shift Radio and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.
14. Technology limitations and modifications
Brain Shift Radio will make reasonable efforts to keep the Brain Shift Radio Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Brain Shift Radio reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Brain Shift Radio Service with or without notice.
15. Research and publication
The Strong Institute is a research institute and, as such, we often write and publish research findings. Your client data may be part of a study without your notification. Rest assured, we will not include any identifying information about you in such publication.
16. Mediation and arbitration
By agreeing to the terms of this document, you are agreeing that all disputes arising out of or in relation to this agreement to provide the Brain Shift Radio service shall first be directed to Beth Kaplan (800-659-6644 extension 506) and, if no resolution can be reached, referred to mediation, before, and as a pre-condition of, the initiation of arbitration.
17. Entire agreement
This Agreement together with the Brain Shift Radio Privacy Policy, (the “Agreements”) constitutes all the terms and conditions agreed upon between you and Brain Shift Radio and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Agreements in any written or oral communication from you to Brain Shift Radio are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by Brain Shift Radio not contained in this Agreement.
18. Severability
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.