Braains.io Game Inc. Terms and Conditions
Last updated: June 03, 2017
These Terms and Conditions ("Terms", "Terms and Conditions") governs your relationship with the www.braains.io website (the "Service") operated by Braains.io Game Inc. ("us", "we", or "our").
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, you cannot use the Service.
In order to use the Service you must be at least 18 years old. By agreeing to the Terms you represent and warrant that you meet the minimum age to use the Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
SOME PARTS OF THE SERVICE ARE BILLED ON A SUBSCRIPTION BASIS ("SUBSCRIPTION(S)"). YOU WILL BE BILLED IN ADVANCE ON A RECURRING AND PERIODIC BASIS ("BILLING CYCLE"). BILLING CYCLES ARE SET EITHER ON A MONTHLY OR ANNUAL BASIS, DEPENDING ON THE TYPE OF SUBSCRIPTION PLAN YOU SELECT WHEN PURCHASING A SUBSCRIPTION.
AT THE END OF EACH BILLING CYCLE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNDER THE EXACT SAME CONDITIONS UNLESS YOU CANCEL IT OR BRAAINS.IO GAME INC. CANCELS IT. YOU MAY CANCEL YOUR SUBSCRIPTION RENEWAL EITHER THROUGH YOUR ONLINE ACCOUNT MANAGEMENT PAGE OR BY CONTACTING THE BRAAINS.IO GAME INC. CUSTOMER SUPPORT TEAM.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Braains.io Game Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Braains.io Game Inc. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Braains.io Game Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Braains.io Game Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Braains.io Game Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
The Service may include virtual items, such as digital currency or power-ups, (“Digital Items”), which may be purchased from us for real world money, where permitted by law. Digital Items available to you and the price of Digital Items may be altered at any time, without notice. Upon acquiring Digital Items, you are granted a non-exclusive, non-sublicensable, non-transferrable (except to the extent expressly permitted) right to use such Digital Items only in conjunction with the Service for which such Digital Items were acquired. Any Digital Items purchase is final and non-refundable. The determination of Digital Items to credit or debit to you shall be determined by us in our sole discretion. All Digital Items remain our property. Digital Items cannot be resold online or in the real world or traded for non-virtual (tangible) goods or services. You agree that resale or attempted resale of Digital Items will result in our termination of your access to the Service and termination of all accounts related to the resale or attempted resale, as well as the voiding of related Digital Items. If we terminate your account and/or access to the Service or cease to offer the Service you agree that you forfeit all Digital Items associated with your account and use of the Service. Further, we may, in our sole discretion, administer Digital Items and, in this capacity, control, modify and/or eliminate any or all Digital Items without notice, for which you are not entitled to any refund, credit redemption or any other compensation. You acknowledge and agree that there is no value to Digital Items or time you spend using the Service, for which you will not be compensated under any circumstances regardless of whether or not you are able to access the Service. We are not responsible for repairing or replacing any Digital Items lost for any reason whatsoever including, but not limited to, suspension of the Service, technical issues or as a result of a third party.
Contests, Sweepstakes and Promotions
Except when required by law, all fees, including but not limited to Subscription fees, and all other amounts paid concerning the Service are non-refundable.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree that you will not use the Service to, and we reserve all rights to block or remove, communications or materials that we determine to be: (a) abusive, defamatory, sexual, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of us another; (d) offensive or otherwise unacceptable to us in our sole discretion You agree that you will not: (a) decompile, disassemble or reverse engineer the Service or otherwise attempt to derive the Service source code; (b) exploit a flaw or bug or cheat; (c) upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data or other similar software or programs that may damage operation of the Service or the computers of other users; or (d) collect or attempt to obtain other users’ data. You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. ”). You have no ownership interest in your account and associated data and all rights in and to your account are our exclusive property. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree to be bound by any use of your Account, including charges and purchases, whether or not you authorized use of your Login Information. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and all contents, including but not limited to text, images, graphics or code are the property of Braains.io Game Inc. and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with Braains.io Game Inc. We also grant you a non-sublicensable, non-transferable, revocable, non-commercial, limited license to publicly display the Service on online video streaming websites, such as youtube.com and twitch.com, and social media, such as tweeting a GIF. We may terminate or modify the scope of this streaming and social media license granted to you at any time without notice or compensation and will not be liable to you or any third party for any loss incurred relating thereto. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Braains.io Game Inc. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by Braains.io Game Inc. Braains.io Game Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Braains.io Game Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Availability, Errors and Inaccuracies
In order to provide exceptional service, and accuracy, we regularly update the products and services on the Service. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable. We may experience delays in updating information on the Service and in our advertising on other websites.
You agree to indemnify, defend and hold harmless Braains.io Game Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands arising from your access to, or use of, the Service. These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you or any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
Braains.io Game Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
BRAAINS.IO GAME INC. MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND AS REGARDS THE WEBSITE AND ASSOCIATED TECHNOLOGY. ANY PURPORTEDLY APPLICABLE WARRANTIES, TERMS AND CONDITIONS ARE EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE 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, NON-INFRINGEMENT OR COURSE OF PERFORMANCE, EXCEPT AS PROVIDED FOR UNDER THE LAWS OF ANY PROVINCE IN CANADA. IN SUCH CASES, THE PROVINCIAL LAW SHALL APPLY TO THE EXTENT NECESSARY. BRAAINS.IO GAME INC. ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. IF YOU BREACH ANY OF THESE TERMS AND BRAAINS.IO GAME INC. CHOOSES NOT TO IMMEDIATELY ACT, OR CHOOSES NOT TO ACT AT ALL, BRAAINS.IO GAME INC. WILL STILL BE ENTITLED TO ALL RIGHTS AND REMEDIES AT ANY LATER DATE, OR IN ANY OTHER SITUATION, WHERE YOU BREACH THESE TERMS. BRAAINS.IO GAME INC. DOES NOT WAIVE ANY OF ITS RIGHTS. BRAAINS.IO GAME INC. SHALL NOT BE RESPONSIBLE FOR ANY PURPORTED BREACH OF THESE TERMS CAUSED BY CIRCUMSTANCES BEYOND ITS CONTROL. A PERSON WHO IS NOT A PARTY TO THESE TERMS SHALL HAVE NO RIGHTS OF ENFORCEMENT. YOU MAY NOT ASSIGN, SUB-LICENSE OR OTHERWISE TRANSFER ANY OF YOUR RIGHTS UNDER THESE TERMS.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD US FROM LIABILITY, YOU AGREE THAT OUR AGGREGATE LIABILITY TO YOU WHATSOEVER WILL BE THE LEAST AMONG (A) THE MINIMUM PERMITTED UNDER APPLICABLE LAW; (B) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION; AND (C) $100 (CAD). HOWEVER, IF YOU PAID NOTHING TO US DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION, YOUR SOLE REMEDY, AND OUR AGGREGATE LIABILITY, IS FOR YOU TO TERMINATE USE OF THE SERVICE.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of British Columbia and the laws of Canada, as applicable. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms, please contact us.