Terms And Service

Last updated April 25th, 2022

Please review these Terms of Use (the “Terms”), which govern your use of Brain Games (the “Site”, “we”, “us”, or “our”). By using the Site, you agree to abide by and be bound by these Terms. We reserve the right to update or modify these Terms at any time without advance notice. For this reason, we encourage you to review these Terms whenever you use our Site. If you do not agree to these terms, please do not use the Site.

PRIVACY

By using the Site, you agree to the terms of our Privacy Policy.

LICENSE AND ACCESS

Subject to your compliance with these Terms, Brain Games grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site and any services provided thereon. This license does not include any resale or commercial use of any Site’s content, any downloading or copying of registration information for the benefit of another merchant, any derivative use of this Site or its content; or any use of robots, data mining, or similar data gathering and extraction tools. The Site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Brain Games. You are not permitted to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including text, images of page layout, or form) of Brain Games and our affiliates without express written consent. You are not permitted to use any meta tags or any other “hidden text” utilizing the Brain Games name or trademarks without the express written consent of Brain Games. All rights not expressly granted to you in these Terms of Use are reserved and retained by Brain Games, its affiliates, licensors, publishers, rights holders or other content providers. Any unauthorized use of the Site or services provided terminates the permission or license to access and use the site.

SITE MODIFICATION OR SUSPENSION

We reserve the right, at any time in our sole discretion, to modify, suspend, or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice. We shall not be liable to any third party for any modification, suspension, or discontinuance of the Site, or any service, content, feature or product offered through the Site.

INTELLECTUAL PROPERTY

This Site and the Content available on the Site are our property of or the property or our affiliates and licensors, and are protected by copyright, trademark and other intellectual property rights. Subject to the Terms, we grant you a non-exclusive non-transferable license to use the Site solely for your personal non-commercial use. You may not use the Site or the content available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms or by the owner of the content, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, perform, display or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site. If you keep intact all copyright and other proprietary notices, you may, from time to time, download or print one copy of individual pages of the Site for your personal, non-commercial use.

COPYRIGHT COMPLAINTS

If you believe your work has been copied in a way that constitutes copyright infringement, please provide the following written information to our copyright agent:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
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 Games’s Copyright Agent for notice of claims of copyright infringement on Brain Games can be reached at: [email protected]

Or by postal mail at: 13033 Ridgedale Drive (Box 266) Minnetonka MN 55305

USE RESTRICTIONS AND REGISTRATION

You may not use or register with the Site if you are under thirteen (13) years of age. However, certain services offered on or through the Site, such as purchasing products, entering into a sweepstakes, and participating in sampling or product gifting programs, require you to be eighteen (18) years of age. If you are under 18 years of age, do not use those features of the Site. You agree that the information you provide to us upon registration, and at all other times, will be true, accurate, current and complete. Registration is limited to one account per user and user is solely responsible for keeping user’s password secure and for any activities or actions taken on the account, whether or not you have personally authorized such activities or actions. You shall immediately notify Brain Games of any unauthorized use of your password.

By using the Site and/or accessing the services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions set forth in these Terms. This Site is administered in the United States and intended for U.S. users only; any use outside of the U.S. is at your own risk. You are responsible for compliance with any local laws applicable to your use of the Site or access to the Services.

YOUR COMMENTS REVIEWS AND OTHER CONTENT POSTED:

You may have the opportunity to post comments, write reviews or provide other content on this Site (“Posted Content”). If you choose to post comments, reviews or other content on the Site you are representing that you are the owner of the content, or that you have the owner’s express consent to your posting or submission of that content. In addition, when you submit or post any content, you grant us and anyone so authorized, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, fully sub-licensable, worldwide license to use, copy, cache, archive, modify, display, categorize, index, transmit, store, comment on, tag, sell, exploit, create derivative works from, distribute, incorporate into other works, and/or digitally or publicly perform or display such posted content, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, including without limitation the right to transfer to third parties the right to use, exhibit and otherwise exploit such content (in whole or in part), as modified by us in its sole discretion. This license is non-exclusive, however, you agree that we shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Site users for the purposes of constructing or populating a searchable database of product reviews. You acknowledge and agree that we and our partners are entitled to retain any revenue generated from the display of advertising, promotional campaigns, content syndication and distribution arrangements that include or feature any Posted Content submitted by you.

The foregoing shall include the right to exploit any proprietary rights in such Posted Content or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your content postings or submissions by name, e-mail address or screen name, as we deem appropriate. We are under no obligation to give credit or provide any compensation for your Posted Content.

We expressly prohibit the posting of any comments, reviews or other content that is illegal, threatening, defamatory, obscene, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, commercial solicitation, political campaigning, mass mailings, chain letters, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a comment or other content. We reserve the right, but are not obligated, to remove or edit such content. We do not regularly review user’s posted content. We reserve the right, but are not obligated, to oversee and edit or remove any activity or content. We shall not be responsible for and assume no liability for any content posted by you or any third party.

THIRD PARTY CONTENT

Third parties not affiliated with us may offer services or products on the Site. We do not warrant or assume any responsibility or liability for the actions, offers or content of third parties who may have advertisements or links on our site. Please carefully review their privacy statements and other conditions of use.

INDEMNITY

You agree to indemnify and hold us, our parents, subsidiaries, affiliates, officers and employees, harmless, for any claims, liabilities, costs and expenses, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Site, (ii) your use of the services, (iii) the violation of these Terms of Use by you, (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity; (v) any content you post on this Site; and (vi) any products or services purchased by you in connection with this Site and/or the web sites of our third party partners, vendors and/or service providers.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

TERMINATION

These Terms of Use will remain in full force and effect throughout the duration of your use of the Site and you avail yourself to the services provided by us. We reserve the right to cancel or terminate your right to use the Site or any part of the Site at any time without advance notice. In the event of any such cancellation or termination, you will no longer be authorized to access the entire Site or any part of the Site affected by such cancellation or termination. The restrictions imposed on you regarding any material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive any termination of your right to use the Site.

DISPUTES, CHOICE OF LAW, AND JURISDICTION

This Agreement, as well as the Brain Games and the Privacy Policy, is the complete and exclusive statement of the Agreement between Brain Games and you regarding the Site and the Services and supersedes any other agreement or proposal, oral or written (including information on the Site), and any other communications between Brain Games and you. This Agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any matter and/or dispute relating in any way to your visit to or interaction with the Site, including compliance with these Terms, shall be submitted to binding confidential arbitration in New York, New York as provided in the Section titled “Arbitration” (below). Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the state courts of the State of New York or the United States District Court for the Southern District of New York, and you consent to exclusive personal jurisdiction and venue in such courts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Any dispute resolution proceedings relating to these Terms or the Site will be conducted only on an individual basis and not as a class, consolidated, joined or representative action and the parties expressly waive all rights to commence or participate in any class, consolidated or representative action/proceeding. You agree that Brain Games agreement to arbitrate claims constitutes consideration for such waiver.

Notwithstanding Brain Games’s right to modify these Terms, Brain Games agrees that any such modification to the dispute and/or arbitration requirements in these Terms shall not apply to claims arising prior to the date of such modification.

ARBITRATION

Arbitration under these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. In the event, for any reason, arbitration is not permitted by applicable law, the parties waive all rights to trial by jury and waive all right to commence or participate in any class action, consolidated, representative or class proceedings.

CONTACT INFORMATION

Please email us at [email protected] if you have any questions or comments relating to our website, these Terms of Use, or our Privacy Policy. You may also contact us by postal mail at 458 Elizabeth Ave, Suite 5-363, Somerset, NJ 08873 if you have questions or comments.