Welcome to Content Arcade, the provider of the Brain Games
games ("Brain Games," "we," or "us"). This page
explains the terms by which you may use our website, application software and
service through your browser or mobile device (collectively our
"App"). By downloading, accessing or using the App, you signify that
you have read, understood, and agree to be bound by this Terms of Use Agreement
("Agreement") and to the collection and use of your information as
set forth in the Brain Games Privacy Policy. Brain Games reserves the right to
make unilateral modifications to these terms. This Agreement applies to all
visitors, users, and others who download, access or use the App
("Users").
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU
UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF
DISPUTES PROVISION. YOU AGREE THAT DISPUTES BETWEEN YOU AND BRAIN GAMES WILL BE
RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO
PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Use of Our App
Brain Games provides a combination of games that help you in
releasing the stress. By playing these games, you can overcome your anxiety.
A. Eligibility
You may use the App only if you can form a binding contract
with Brain Games, and only in compliance with this Agreement and all applicable
local, state, national, and international laws, rules and regulations. Any use
or access to the App by anyone under 13 is strictly prohibited and in violation
of this Agreement. The App is not available to any Users previously removed by Brain
Games.
B. Brain Games App
Subject to the terms and conditions of this Agreement, you
are hereby granted a non-exclusive, limited, non-transferable, freely revocable
license to use the App for your personal, private, noncommercial use, and only
in accordance with the features of the App as it is marketed by Brain Games. Brain
Games reserves all rights not expressly granted herein in the App and the Brain
Games IP (as defined below). Brain Games may terminate this license at any time
for any reason or no reason. Commercial Use. You may not use the Brain Games
App for commercial purposes unless you are the copyright holder or you have
obtained all necessary rights and licenses to use for commercial purposes all
images, musical works, and other material that make up your User Content.
C. Brain Games Accounts
Your Brain Games account gives you access to the games and
functionality that we may establish and maintain from time to time and in our
sole discretion. By connecting to Brain Games with a third-party service, you
give us permission to access and use your information from that service as
permitted by that service, and to store your log-in credentials for that
service. You may never use another User’s account without permission. When
creating your account, you must provide accurate and complete information. You
are solely responsible for the activity that occurs on your account, and you
must keep your account password secure. We encourage you to use "strong”
passwords (passwords that use a combination of upper and lower case letters,
numbers and symbols) with your account. You must notify Brain Games immediately
of any breach of security or unauthorized use of your account. Brain Games will
not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the App by changing
the settings in the mobile app. By providing Brain Games your email address you
consent to our using the email address to send you App-related notices,
including any notices required by law, in lieu of communication by postal mail.
We may also use your email address to send you other messages, such as changes
to features of the App and special offers.
D. Usage Rules
You agree not to engage in any of the following prohibited
activities: (i) copying, distributing, or disclosing any part of the App in any
medium, including without limitation by any automated or non-automated
"scraping”; (ii) using any automated system, including without limitation
"robots,” "spiders,” "offline readers,” etc., to access the App
in a manner that sends more request messages to the Brain Games servers than a
human can reasonably produce in the same period of time by using a conventional
on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited
email; (iv) attempting to interfere with, compromise the system integrity or
security or decipher any transmissions to or from the servers running the App;
(v) taking any action that imposes, or may impose at our sole discretion an
unreasonable or disproportionately large load on our infrastructure; (vi)
uploading invalid data, viruses, worms, or other software agents through the
App; (vii) collecting or harvesting any personally identifiable information,
including account names, from the App; (viii) using the App for any commercial
purposes without having all necessary rights and licenses to the User Content;
(ix) impersonating another person or otherwise misrepresenting your affiliation
with a person or entity, conducting fraud, hiding or attempting to hide your
identity; (x) interfering with the proper working of the App; (xi) accessing
any content on the App through any technology or means other than those
capabilities provided by the App; or (xii) bypassing the measures we may use to
prevent or restrict access to the App, including without limitation features
that prevent or restrict use or copying of any content or enforce limitations
on use of the App or the content therein. We may, without prior notice, change
the App, stop providing the App or features of the App, to you or to Users
generally, or create usage limits for the App. We may permanently or
temporarily terminate or suspend your access to the App, or delete any User
Content (as defined below), without notice and liability for any reason,
including if in our sole determination you violate any provision of this
Agreement, or for no reason. Upon termination for any reason or no reason, you
continue to be bound by this Agreement. You are solely responsible for your
conduct and any data, text, files, information, images, photos, audio and video
clips, sound recordings, musical works, narration, works of authorship, links
and other content or materials that you submit, post or display on or via our
Apps. Brain Games shall have no liability for conduct in relation to your use
of our App.
2. User Content
Some areas of the App provide Users the capability to
create, share and post content such as profile information, videos, images,
musical works, text and other material used to create Brain Games profile,
comments, questions, and other material or information (any such materials a
User provides, shares, submits, displays, or otherwise creates using the App,
including the Brain Games profile created by the User, are "User
Content”). We claim no ownership rights over User Content created by you. Brain
Games has the right (but not the obligation) in its sole discretion to remove
any User Content that is stored via the App.
You agree not to post, store, transmit, create or share any
User Content that: (i) may create a risk of harm, loss, physical or mental
injury, emotional distress, death, disability, disfigurement, or physical or
mental illness to you, to any other person, or to any animal; (ii) may create a
risk of any other loss or damage to any person or property; (iii) seeks to harm
or exploit children by exposing them to inappropriate content, asking for
personally identifiable details or otherwise; (iv) may constitute or contribute
to a crime or tort; (v) contains any information or content that we deem to be
unlawful, harmful, abusive, racially or ethnically offensive, defamatory,
infringing, invasive of personal privacy or publicity rights, harassing,
humiliating to other people (publicly or otherwise), libelous, threatening,
profane, or otherwise objectionable; (vi) contains any information or content
that is illegal (including, without limitation, the disclosure of insider
information under securities law or of another party’s trade secrets); or (vii)
contains any information or content that you do not have a right to make
available under any law or under contractual or fiduciary relationships. You
agree that any User Content that you create, store, or share does not and will
not violate third-party rights of any kind, including without limitation any
Intellectual Property Rights (as defined below) or rights of privacy. Brain
Games reserves the right, but is not obligated, to reject and/or remove any
User Content that Brain Games believes, in its sole discretion, violates these
provisions.
For the purposes of this Agreement, "Intellectual
Property Rights” means all patent rights, copyright rights, mask work rights,
moral rights, rights of publicity, trademark, trade dress and service mark
rights, goodwill, trade secret rights and other intellectual property rights as
may now exist or hereafter come into existence, and all applications therefore
and registrations, renewals and extensions thereof, under the laws of any
state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent
and warrant the following:
A. Your User Content and your use thereof as contemplated by
this Agreement and the App will not violate any law or infringe any rights of
any third party, including but not limited to any Intellectual Property Rights
or privacy rights.
B. To the extent that you use our App for any commercial
purpose and your User Content contains any copyrighted material that is not
your original work or in which you do not otherwise own the copyright, you have
obtained all rights, licenses, consents, and permissions necessary in order to
use that copyrighted material in connection with the creation and/or
dissemination of that User Content using the App.
C. Brain Games may exercise the rights to your User Content
granted under this Agreement without liability for payment of any guild fees,
residuals, payments, fees, or royalties payable under any collective bargaining
agreement or otherwise. You shall be solely responsible for your User Content
and the consequences of posting, publishing it, or sharing it and you agree
that we are only acting as a passive conduit for your online distribution and
publication of your User Content. If your Content violates these Terms of Use,
you may bear legal responsibility for that content.
3. User Content
License Grant
If you share your User Content with Brain Games or link your
User Content to Brain Games on a third party service (including, for example,
by using the tag #ANTISTRESS on Instagram or tagging ANTISTRESS on Facebook),
you expressly grant, and you represent and warrant that you have all rights
necessary to grant, to Brain Games a royalty-free, sub licensable,
transferable, perpetual, irrevocable, non-exclusive, worldwide license to use,
reproduce, modify, publish, list information regarding, edit, translate,
distribute, syndicate, publicly perform, publicly display, and make derivative
works of all such User Content and your name, voice, and/or likeness as
contained in your User Content, in whole or in part, and in any form, media or
technology, whether now known or hereafter developed, for use in connection
with the App and Brain Games’s (and its successors’ and affiliates’) business,
including without limitation for promoting and redistributing part or all of
our App (and derivative works thereof) in any media formats and through any
media channels.
4. Brain Games
A. About
The App provides you the ability to reduce your stress by
playing this game, and if you choose, to accompany them with your music.
However, you do not own any music, audio clips, video, or other content
provided by third parties via the App, including any such content that you
include in Brain Games profile, and you may only use such content for private
noncommercial purposes and to the extent of the functionality of the App.
B. Sharing Brain Games and User
Content.
You can share your Brain Games game results and other User
Content with others via email, SMS text messages, or third-party services such
as Instagram, Facebook, YouTube, and Twitter. Brain Games has no control over
third-party sites and services. If you choose to share your Brain Games
information on a third-party site or service, you do so at your own risk, and
you understand that this Agreement and Brain Games's Privacy Policy do not
apply to your use of such sites. You are solely responsible for your Brain
Games profile and any sharing of the information by you or through your
account. You are responsible for ensuring that you have all Intellectual
Property Rights for any User Content that you create via the Brain Games App
for commercial use. You agree that Brain Games shall not be liable for any
violation of any laws or rights of third parties, including without limitation
Intellectual Property Rights, rights of privacy, and rights of publicity,
arising from or related to your creation or use of any User Content, and you
agree to defend, indemnify, and hold harmless Brain Games from any and all
liability arising from your access to or creation, use, or sharing of any User
Content.
5. Mobile Software
A. Mobile Software.
We may make available software to access the game via a
mobile device ("Mobile Software”). To use the Mobile Software, you must
have a mobile device that is compatible with the Mobile Software. Brain Games
does not warrant that the Mobile Software will be compatible with your mobile
device. Brain Games hereby grants you a non-exclusive, non-transferable,
revocable license to use a compiled code copy of the Mobile Software for one Brain
Games account on one mobile device owned or leased solely by you, for your
personal use. You may not: (i) modify, disassemble, decompile or reverse
engineer the Mobile Software, except to the extent that such restriction is
expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense,
distribute or otherwise transfer the Mobile Software to any third party or use
the Mobile Software to provide time sharing or similar services for any third
party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent,
disable, damage or otherwise interfere with security-related features of the
Mobile Software, features that prevent or restrict use or copying of any
content accessible through the Mobile Software, or features that enforce
limitations on use of the Mobile Software; or (v) delete the copyright and
other proprietary rights notices on the Mobile Software. You acknowledge that Brain
Games may from time to time issue upgraded versions of the Mobile Software, and
may automatically electronically upgrade the version of the Mobile Software
that you are using on your mobile device. You consent to such automatic upgrading
on your mobile device, and agree that the terms and conditions of this
Agreement will apply to all such upgrades. Any third-party code that may be
incorporated in the Mobile Software is covered by the applicable open source or
third-party license EULA, if any, authorizing use of such code. The foregoing
license grant is not a sale of the Mobile Software or any copy thereof, and Brain
Games or its third-party partners or suppliers retain all rights, title, and
interest in the Mobile Software (and any copy thereof). Any attempt by you to
transfer any of the rights, duties or obligations hereunder, except as
expressly provided for in this Agreement, is void. Brain Games reserves all
rights not expressly granted under this Agreement. The Mobile Software may not
be exported or re-exported to certain countries or those persons or entities
prohibited from receiving exports from UK. In addition, the Mobile Software may
be subject to the import and export laws of other countries.
B. Mobile Software from iTunes.
The following applies to any Mobile Software you acquire
from the iTunes Store ("iTunes-Sourced Software”): You acknowledge and
agree that this Agreement is solely between you and Brain Games, not Apple, and
that Apple has no responsibility for the iTunes-Sourced Software or content
thereof. Your use of the iTunes-Sourced Software must comply with the App Store
Terms of Service. You acknowledge that Apple has no obligation whatsoever to
furnish any maintenance and support services with respect to the iTunes-Sourced
Software. In the event of any failure of the iTunes-Sourced Software to conform
to any applicable warranty, you may notify Apple, and Apple will refund the
purchase price for the iTunes-Sourced Software to you; to the maximum extent
permitted by applicable law, Apple will have no other warranty obligation
whatsoever with respect to the iTunes-Sourced Software, and any other claims,
losses, liabilities, damages, costs or expenses attributable to any failure to
conform to any warranty will be solely governed by this Agreement and any law
applicable to Brain Games as provider of the software. You acknowledge that
Apple is not responsible for addressing any claims of you or any third party
relating to the iTunes-Sourced Software or your possession and/or use of the
iTunes-Sourced Software, including, but not limited to: (i) product liability
claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any
applicable legal or regulatory requirement; and (iii) claims arising under
consumer protection or similar legislation; and all such claims are governed
solely by this Agreement and any law applicable to Brain Games as provider of
the software. You acknowledge that, in the event of any third party claim that
the iTunes-Sourced Software or your possession and use of that iTunes-Sourced
Software infringes that third party’s intellectual property rights, Brain Games,
not Apple, will be solely responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim
to the extent required by this Agreement. You and Brain Games acknowledge and
agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of
this Agreement as relates to your license of the iTunes-Sourced Software, and that,
upon your acceptance of the terms and conditions of this Agreement, Apple will
have the right (and will be deemed to have accepted the right) to enforce this
Agreement as relates to your license of the iTunes-Sourced Software against you
as a third party beneficiary thereof.
6. Our Proprietary
Rights
The App contains material owned or licensed by Brain Games
("Brain Games IP"). Brain Games IP may be protected by copyright,
trademark, patent, trade secret and other laws, and as between you and Brain
Games, Brain Games owns and retains all rights in the Brain Games IP. You will
not remove, alter, or conceal any copyright, trademark, service mark, or other
proprietary rights notices incorporated in or accompanying the App and you will
not reproduce, modify, adapt, prepare derivative works based on, perform,
display, publish, distribute, transmit, broadcast, sell, license or otherwise
exploit the App. The Brain Games name and Logos are trademarks of Brain Games,
and may not be copied, imitated or used, in whole or in part, without the prior
written permission of Brain Games. In addition, all page headers, custom
graphics, button icons and scripts are service marks, trademarks and/or trade
dress of Brain Games, and may not be copied, imitated or used, in whole or in
part, without prior written permission from Brain Games. You may choose to or
we may invite you to submit comments or ideas about the App, including without
limitation about how to improve the App or our products ("Ideas"). By
submitting any Idea, you agree that your disclosure is gratuitous, unsolicited
and without restriction and will not place Brain Games under any fiduciary or
other obligation, and that we are free to use the Idea without any additional
compensation to you, and/or to disclose the Idea on a non-confidential basis or
otherwise to anyone. You further acknowledge that, by acceptance of your
submission, Brain Games does not waive any rights to use similar or related
ideas previously known to Brain Games, or developed by its employees, or
obtained from sources other than you.
7. Privacy
We care about the privacy of our Users. You should
understand that by using the App you consent to the collection, use and
disclosure of your personally identifiable information and aggregate data as
set forth in our Privacy Policy, and to have your personally identifiable
information collected, used, transferred to and processed in Singapore.
8. Security
Brain Games cares about the integrity and security of your
personal information. However, we cannot guarantee that unauthorized third
parties will never be able to defeat our security measures or use your personal
information for improper purposes. You acknowledge that you provide your
personal information at your own risk.
9. Third-Party Link
The App may contain links to third-party websites,
advertisers, services, special offers, or other events or activities that are
not owned or controlled by Brain Games. Brain Games does not endorse or assume
any responsibility for any such third-party sites, information, materials,
products, or services. If you access a third-party website from the App, you do
so at your own risk, and you understand that this Agreement and Brain Games's
Privacy Policy do not apply to your use of such sites. You expressly relieve Brain
Games from any and all liability arising from your use of any third-party
website, service, or content. Additionally, your dealings with or participation
in promotions of advertisers found on the App, including payment and delivery
of goods, and any other terms (such as warranties) are solely between you and
such advertisers. You agree that Brain Games shall not be responsible for any
loss or damage of any sort relating to your dealings with such advertisers.
10. Indemnity
You agree to defend, indemnify and hold harmless Brain Games
and its subsidiaries, agents, licensors, managers, and other affiliated
companies, and their employees, contractors, agents, officers and directors,
from and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney’s fees)
arising from: (i) your use of and access to the App, including any data or
content transmitted or received by you; (ii) your violation of any term of this
Agreement, including without limitation your breach of any of the
representations and warranties above; (iii) your violation of any third-party
right, including without limitation any right of privacy or Intellectual
Property Rights; (iv) your violation of any applicable law, rule or regulation;
(v) any claim for damages that arise as a result of any of your User Content,
including without limitation any User Content, or any that is created, stored,
shared or submitted via your account; or (vi) any other party’s access and use
of the App with your unique username, password or other appropriate security
code.
11. No Warranty
THE APP IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. USE OF THE APP IS AT YOUR OWN RISK. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED WITHOUT WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM BRAIN GAMES OR THROUGH THE APP WILL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, BRAIN GAMES, ITS
SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT
IS ACCURATE, RELIABLE OR CORRECT; THAT THE APP WILL MEET YOUR REQUIREMENTS;
THAT THE APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION,
UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT
THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DOWNLOADED AT YOUR OWN RISK
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF
THE APP.
BRAIN GAMES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE BRAIN GAMES APP OR ANY HYPERLINKED WEBSITE OR SERVICE, AND BRAIN
GAMES WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU
AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS
DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME
OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Limitation of
Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL BRAIN GAMES, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES,
SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES,
THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS APP. UNDER NO
CIRCUMSTANCES WILL BRAIN GAMES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY
RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE
APP OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRAIN
GAMES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR APP; (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE APP; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY
BE TRANSMITTED TO OR THROUGH OUR APP BY ANY THIRD PARTY; (VI) ANY ERRORS OR
OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
THROUGH THE APP; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY. BRAIN GAMES’S LIABILITY, AND (AS
APPLICABLE) THE LIABILITY OF BRAIN GAMES’s SUBSIDIARIES, OFFICERS, DIRECTORS,
CREATORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY
CIRCUMSTANCE IS LIMITED TO $1.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE
ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR
ANY OTHER BASIS, EVEN IF BRAIN GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY
NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS,
EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO
THE EXTENT PROHIBITED BY APPLICABLE LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY
NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS,
EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO
THE EXTENT PROHIBITED BY APPLICABLE LAW.
13. Governing Law,
Arbitration, and Class Action/Jury Trial Waiver.
A. Governing Law
You agree that: (i) the App shall be deemed solely based in
UK; and (ii) the App shall be deemed a passive one that does not give rise to
personal jurisdiction over Brain Games, either specific or general, in
jurisdictions other than UK. This Agreement shall be governed by the internal
substantive laws of UK, without respect to its conflict of laws principles. The
parties acknowledge that this Agreement evidences a transaction involving
interstate commerce.
B. Arbitration
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES
TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF
FROM BRAIN GAMES. Any dispute arising from or relating to the subject matter of
this Agreement shall be finally settled by arbitration in UK, using the English
language in accordance with the Arbitration Rules and Procedures of Judicial
Arbitration and Mediation Services, Inc. ("JAMS”) then in effect, by one
commercial arbitrator with substantial experience in resolving intellectual
property and commercial contract disputes, who shall be selected from the
appropriate list of JAMS arbitrators in accordance with the Arbitration Rules
and Procedures of JAMS. The prevailing party in any arbitration or other
proceeding arising under this Agreement shall be entitled to receive
reimbursement of its reasonable expenses (including reasonable attorneys’ fees,
expert witness fees and all other expenses) incurred in connection therewith.
Judgement up on the award so rendered may be entered in a
court having jurisdiction or application may be made to such court for judicial
acceptance of any award and an order of enforcement, as the case may be.
Notwithstanding the foregoing, each party shall have the right to institute an
action in a court of proper jurisdiction for injunctive or other equitable
relief pending a final decision by the arbitrator. For all purposes of this
Agreement, the parities connect to exclusive jurisdiction and venue in the
courts located in Singapore. Use of the site is not authorized in any
jurisdiction that does not give effect to all provisions of the Agreement,
including without limitation, this section. You and Brain Games agree that any
cause of action arising out of or related to the App (including, but not limit
to, any services provided or made available therein) or this Agreement must
commence within (1) year after the cause of action arose; otherwise, such cause
of action is permanently barred. Should you have a dispute with one or more
users, or an outside party, you release Brain Games (and Brain Games's
officers, directors, agents, subsidiaries, joint ventures, creators and
employees) from any and all claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
with such disputes. Brain Games encourages users to report user-to-user
disputes to your local law enforcement, postmaster general, or a certified
mediation or arbitration entity, as applicable. Brain Games, for the benefit of
users, may try to help users resolve disputes. Brain Games does so in
ANTISTRESS's sole discretion, and Brain Games has no obligation to resolve
disputes between users or between users and outside parties. To the extent that
Brain Games attempts to resolve a dispute, Brain Games will do so in good faith
based solely on ANTISTRESS's policies. Brain Games will not make judgements
regarding legal issues or claims.
C. Class Action/Jury
Trial Waiver
Content Arcade is dedicated to protecting the security of
your Information REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED THE APP FOR
PERSONAL, COMMERCIAL OR OTHER PURPOSES, YOU AGREE THAT ALL DISPUTES BETWEEN YOU
AND BRAIN GAMES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND THAT
YOU AND BRAIN GAMES WAIVE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. YOU MAY BRING
CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR TBRAIN GAMES WILL PARTICIPATE
IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS
AGREEMENT. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT BY A PRIVATE
ATTORNEY GENERAL OR IN A REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS
INVOLVING ANOTHER PERSON’S ACCOUNT.
D. 14. General A. Assignment
This Agreement, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be assigned by Brain
Games without restriction. Any attempted transfer or assignment in violation
hereof shall be null and void.
What would happen if Content Arcade closes my account?
In the event that Content Arcade closes your account due to
your violation of the Terms of Service, then you may contact us if you want to
request deletion of your data. Our administrators will review such requests,
pursuant to our legal obligations.
B. Notification Procedures and
Changes to the Agreement
Brain Games may provide notifications, whether such
notifications are required by law or are for marketing or other
business-related purposes, to you via email notice, written or hard copy
notice, or through posting of such notice on our website, as determined by Brain
Games in our sole discretion. Brain Games reserves the right to determine the
form and means of providing notifications to our Users, provided that you may
opt out of certain means of notification as described in this Agreement. Brain
Games is not responsible for any automatic filtering you or your network
provider may apply to email notifications we send to the email address you
provide us. Brain Games may, in its sole discretion, modify or update this
Agreement from time to time, and so you should review this page periodically.
When we change the Agreement in a material manner, we will update the ‘last
modified’ date at the bottom of this page. Your continued use of the App after
any such change constitutes your acceptance of the new Terms of Use. If you do
not agree to any of these terms or any future Terms of Use, do not use or
access (or continue to access) the App.
C. Entire Agreement/Severability
This Agreement, together with any amendments and any
additional agreements you may enter into with Brain Games in connection with
the App, shall constitute the entire agreement between you and Brain Games
concerning the App. If any provision of this Agreement is deemed invalid by a
court of competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of this Agreement, which shall
remain in full force and effect, except that in the event of unenforceability
of the universal Class Action/Jury Trial Waiver, the entire arbitration
agreement shall be unenforceable.
D. No Waiver
No waiver of any term of this Agreement shall be deemed a
further or continuing waiver of such term or any other term, and ANTISTRESS's
failure to assert any right or provision under this Agreement shall not
constitute a waiver of such right or provision.
E. Contact
Please contact us [email protected] with
any questions regarding this Agreement. This Agreement was last modified on
03/03/20.
Privacy Policy
Welcome to Content Arcade, the provider of the BRAIN GAMES
website and mobile application ("Brain Games,” "we” or "us”). Brain
Games is committed to protecting the privacy of all visitors, users and others
who access our application ("you,” or "Users”). This Privacy Policy
applies to our website www.contentarcade.com and the Brain Games mobile app for
iPhone, Android or Windows mobile devices (collectively, the "Brain Games
App” or our "App”). This Privacy Policy applies only to the practices of
companies we own, control, or are united with under common control. By
accessing or using our Service, you signify that you have read, understood and
agree to our collection, storage, use and disclosure of your personal
information as described in this Privacy Policy.
1. INFORMATION WE COLLECT
Generally, we collect personal information from our users in
order to provide you with a personalized, useful and efficient experience. The
categories of information we collect can include:
Information you provide. We may collect and store personal
information you enter in our Service or provide to us in some other manner,
including your name, email address, mobile phone number, user name and
password. In order to create your Brain Games, the App accesses your videos and
music library stored on your mobile device, on third party websites where they
are stored, or other places they may be stored. We may also collect any
communications between you and Brain Games, as well as any information you
provide if you take part in any interactive features of the App (e.g., games,
contests, promotions, surveys, etc.). User Content. We collect your personal
information contained in any User Content you create, share, store or submit to
the App, which may include video or other image files, music works, sound
recording, narration, written forum comments, information, data, text, scripts,
graphics and interactive features generated, provided or otherwise made
accessible by Brain Games. Information we receive from social networking sites.
When you interact with our site through various social media, such as when you
login and share through Facebook, Instagram and others, we may receive
information from the social network including your profile information, profile
picture, gender, user name, user ID associated with your social media account,
age range, language, country, friends list, and any other information you
permit the social network to share with third parties. The data we receive is
dependent upon your privacy settings with the social network. You should always
review, and if necessary, adjust your privacy settings on third-party websites
and services before linking or connecting them to our website or Service.
Information about others. With your permission, Brain Games may access your
contact list available on your mobile device in order to share your Brain Games
results, or to invite your friends and contacts to connect with our Service. We
may also collect information about others if you use our Service to upload,
share and/or distribute User Content that contains information about others,
including their name, image and online contact information. Metadata. Brain
Games collects metadata associated with User Content. Metadata typically
consists of how, when, where and by whom a piece of User Content was collected
and how that content has been formatted. Users can add or may have added
metadata added to their User Content including keywords posted with a photo or
video, including names, geographical information, comments or other data. This
makes your data more searchable and more interactive. However, the metadata may
be accessible to others if you share the User Content with others or on third
party social media sites.
We use this information to operate, maintain, and provide to
you the features and functionality of the App, as well as to communicate
directly with you, such as to send you email messages and push notifications,
and permit you to share your creations on the App with your contacts or social
media sites. We may also send you Service-related emails or messages (e.g.,
account verification, order confirmations, change or updates to features of the
App, technical and security notices). For more information about your
communication preferences, see "Your Choices Regarding Your Information”
below.
Use of cookies and other technology to collect information.
We automatically collect certain types of usage information
when you visit our website or use our Service. When you visit the App, we may
send one or more cookies — a small text file containing a string of
alphanumeric characters — to your computer that uniquely identifies your
browser and lets us help you log in faster and enhance your navigation through
the site. A cookie may also convey information to us about how you use the App
(e.g., the pages you view, the links you click, how frequently you access the
App, and other actions you take on the App), and allow us to track your usage
of the App over time. We may collect log file information from your browser or
mobile device each time you access the App. Log file information may include
anonymous information such as your web request, Internet Protocol ("IP”)
address, browser type, information about your mobile device, referring / exit
pages and URLs, number of clicks and how you interact with links on the App,
domain names, landing pages, pages viewed, and other such information. We may
employ clear gifs (also known as web beacons) which are used to anonymously
track the online usage patterns of our Users. In addition, we may also use clear
gifs in HTML-based emails sent to our users to track which emails are opened
and which links are clicked by recipients. The information allows for more
accurate reporting and improvement of the App. We may also collect analytics
data, or use third-party analytics tools, to help us measure traffic and usage
trends for the App. These tools collect information sent by your browser or
mobile device, including the pages you visit, your use of third-party
applications, and other information that assists us in analyzing and improving
the App.
When you access our App by or through a mobile device, we
may receive or collect and store a unique identification numbers associated
with your device ("Device ID”), mobile carrier, device type and
manufacturer, phone number, and, depending on your mobile device settings, your
geographical location data, including GPS coordinates (e.g. latitude and/or
longitude) or similar information regarding the location of your mobile device.
When you access our App by or through a mobile device, we
may receive or collect and store a unique identification numbers associated
with your device ("Device ID”), mobile carrier, device type and
manufacturer, phone number, and, depending on your mobile device settings, your
geographical location data, including GPS coordinates (e.g. latitude and/or
longitude) or similar information regarding the location of your mobile device.
2. SHARING PERSONAL
INFORMATION WITH THIRD PARTIES
Other companies owned by or under common ownership as Brain
Games, which also includes our subsidiaries (i.e., any organization we own or
control) or our ultimate holding company (i.e., any organization that owns or
controls us) and any subsidiaries it owns. These companies will use your
personal information in the same way as we can under this Policy;
Third party vendors, consultants and other service providers
that perform services on our behalf, in order to carry out their work for us,
which may include identifying and serving targeted advertisements, content or
service fulfillment, or providing analytics services; Our business partners who
offer a service to you jointly with us, for example, when running a
co-sponsored contest or promotion;
Third parties who we think may offer you products or
services you may enjoy;
The public at your request. If you interact with our site or
app on social media, for example by tagging your videos #ANTISTRESS on
Instagram, that piece of User Content will be linked to Brain Games on our
website or social media profiles and Brain Games may display your User Content
publicly;
Other parties in connection with any company transaction,
such as a merger, sale of company assets or shares, reorganization, financing,
change of control or acquisition of all or a portion of our business by another
company or third party or in the event of bankruptcy or related or similar
proceedings; and Third parties as required to (i) satisfy any applicable law,
regulation, subpoena/court order, legal process or other government request,
(ii) enforce our Terms of Use Agreement, including the investigation of
potential violations thereof, (iii) investigate and defend ourselves against
any third party claims or allegations, (iv) protect against harm to the rights,
property or safety of Brain Games, its users or the public as required or
permitted by law and (v) detect, prevent or otherwise address criminal
(including fraud or stalking), security or technical issues.
We may also share information with others in an aggregated
and anonymous form that does not reasonably identify you directly as an
individual.
3. YOUR CHOICES
REGARDING YOUR INFORMATION
Marketing Communications. If you do not wish to receive
promotional emails, you can click the "unsubscribe” button on promotional
email communications. Note that you are not permitted to unsubscribe or opt-out
of non-promotional messages regarding your account, such as account
verification, password or local area number requests, order confirmations,
change or updates to features of the App, or technical and security notices.
Online Advertising. We may permit third party online
advertising networks to collect information about your use of our website over
time so that they may play or display ads that may be relevant to your
interests on our App as well as on other websites or apps. Typically, the
information we share is provided through cookies or similar tracking
technologies. The only way to completely "opt out” of the collection of
any information through cookies or other tracking technology is to actively
manage the settings on your browser or mobile device. Please refer to your
browser’s or mobile device’s technical information for instructions on how to
delete and disable cookies, and other tracking/recording tools. (To learn more
about cookies, clear gifs/web beacons and related technologies, you may wish to
visit http://www.allaboutcookies.org and/or the Network Advertising
Initiative’s online resources, at http://www.networkadvertising.org). Depending
on your mobile device, you may not be able to control tracking technologies
through settings.
Data Retention: We will retain your information for as long
as your account is active or as needed to provide you services. Following
termination or deactivation of your account, Brain Games may retain information
(including User Content) for a commercially reasonable time for backup,
archival, and/or audit purposes. Please contact us at [email protected] if
you wish to delete your account. Please be aware that we will not be able to
delete any content you have shared with others or with social media sites.
4. SECURITY AND
STORAGE OF INFORMATION
Brain Games cares about the security of your information and
uses commercially reasonable physical, administrative, and technological
safeguards to preserve the integrity and security of all information we collect
and that we share with our service providers. However, no security system is
impenetrable and we cannot guarantee the security of our systems 100%. In the
event that any information under our control is compromised as a result of a
breach of security, we will take reasonable steps to investigate the situation
and where appropriate, notify those individuals whose information may have been
compromised and take other steps, in accordance with any applicable laws and
regulations. Your information collected through the App may be stored and
processed in Singapore or any other country in which Brain Games or its
subsidiaries, affiliates or service providers maintain facilities. If you are
located in the European Union or other regions with laws governing data
collection and use that may differ from UK law, please note that we may
transfer information, including personal information, to a country and
jurisdiction that does not have the same data protection laws as your
jurisdiction, and you consent to the transfer of information to UK or any other
country in which Company or its parent, subsidiaries, affiliates or service
providers maintain facilities and the use and disclosure of information about
you as described in this Privacy Policy.
5. PERSONS UNDER THE
AGE OF 13
Brain Games does not knowingly collect or solicit any
information from anyone under the age of 13 or knowingly allow such persons to
register for the App. The App and its content are not directed at children
under the age of 13. In the event that we learn that we have collected personal
information from a child under age 13 without parental consent, we will delete
that information as quickly as possible. If you believe that we might have any
information collected from a child under 13, please contact us at [email protected]
6. LINKS TO THIRD PARTY WEBSITES
The Apps may contain links to and from third party websites
of our business partners, advertisers, and social media sites. If you follow a
link to any of these websites, please note that these websites have their own
privacy policies and that we do not accept any responsibility or liability for
their policies. Please check the individual policies before you submit any
information to those websites.
7. UPDATES TO THIS POLICY
We reserve the right to modify this Policy from time to
time. If we make any changes to this Policy, we will change the "Last
Revision" date below and will post the updated Policy on this page.
8. CONTACTING US
438, Streatham High Road London, UK. SW16 3PX
If you have questions about this Policy, please contact us
at [email protected]
9. LAST REVISION DATE
This Policy was last revised on, and effective as of, Mar,
03, 2020