This applies to all games operated by Brain Games LTD.
General
These Terms of Use (these “Terms”) describes the terms and conditions that applies to your access and use of our “Services”, which means our games, products, services, content, our websites, such as Braingames.net and others, and whether such Services are received through your mobile device, one of our website or on other platforms such as Facebook. These terms are a legal agreement between you and Mad Brain Games Ltd. and its subsidiaries, parents and affiliates (referred to herein as, “us”, “we” or “our”) and contain important information about your rights and obligations in relation to our Services.
If you do not agree to these Terms or any future updated version of them then you must not access and/or use and must cease all access and/or use of, any of our Services. We reserve the right to update these terms from time to time by posting the updated version at our website or in the appropriate section in the game. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Services. We might require your consent to such updated terms, and to the extent it such consent will not be received, you will not be permitted to continue access and use of the Services. The same shall apply to any in-game or other rules and guidelines we publish.
You agree that by accessing and/or using our Services, you are agreeing to these Terms and our Privacy Policy, which shall constitute a binding agreement governing over your access and use of the Services. These Terms and the Privacy Policy may be amended from time to time by us. An updated version of these Terms could be found here: https://braingames.net/terms-of-use/. Your continued access or use of the Services constitutes your consent and acknowledgement to any modifications made to these Terms and to the Privacy Policy and to the versions of these documents as in effect at such time.
FOR RESIDENTS IN THE USA: IMPORTANT NOTICE: THIS AGREEMENT AND YOUR ACCESS AND USE OF THE SERVICES IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED HEREINBELOW.
Access and Use of the Services
For use of our Services, you agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services.
These Terms govern you access and use of the games made available by us, but each game may have specific rules, scoring rules, controls and guidelines, which can be found within the game itself. Your access to a game constitutes your consent to such rules, scoring rules, controls and guidelines, as in effect.
Access and use of the Services requires internet connection and compliance with certain hardware and software minimum requirements as set forth in the documentation accompanying each game. We are not required to provide internet connectivity, hardware, software or any other device in connection with your access or use of the Services. We are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.
We do not warrant that the Services or part thereof will be uninterrupted or error free. There may be times when our Services or part thereof will be unavailable for technical or maintenance reasons, whether on a scheduled or unscheduled basis.
Accounts
When using our Services you may choose to, and in some instances you will be required to, create an account with us. If you do create an account with us, you agree that you shall take all steps necessary to protect your log in details and keep them secret. Accounts are intended to be personal to you and you are not entitled to transfer your account to any other person.We are entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. We will have no responsibility with respect consequences resulted from failure to keep your credentials secret or limited to authorized persons. You agree to indemnify and compensate us for any loss, liability, damage or expense incurred in connection therewith. In any event, we will not be responsible for any loss, liability, damage or expense suffered as a result of an unauthorized person accessing your account and/or using our Services.
We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days in our discretion. A notice prior to deletion may be (and is mandatory) sent to the email address assigned to that account. If the account was deleted, you may no longer be able to access and/or use any [Virtual Coins and/or Virtual Goods] (as defined below) associated with that account and no refund will be offered or entitled to you in relation to the same. Deletion of an account also means the deletion of all or part of the information stored on that account (such as game progress or scores). We will have not liability to maintain such data and accept no responsibility with respect to the loss of such.
The account is intended to be a mean to better user experience and your enjoyment of the game you are playing. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
Virtual Coins and Virtual Goods
A game may include virtual currencies such as cois, boosters,design items (“Virtual Coins”), or items such as decorations, costumes, buildings, apparel, or other items and services for use with such game (“Virtual Goods”). Virtual Coins and Virtual Goods are specific to each game and may not be uses, substituted or traded in other games. Virtual Coins and Virtual Goods are not property owned by you, but rather represent a revocable and personal right to receive a benefit within the confines of the game. You acknowledge that Virtual Coins or Virtual Goods have no monetary value, stored value or real value outside the framework of such game and can never be exchanged for real money, real goods or real services from us or anyone else. Virtual Coins and Virtual Goods are not transferrable, and you will not transfer or attempt to transfer such to anyone else unless permitted otherwise according to the game rules. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your platform before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
You agree that all sales by us to you of Virtual Coins and/or Virtual Goods are final, that we will not refund any transaction once it has been made. Purchase of Virtual Coins and Virtual Goods are fulfilled immediately as our servers have completed the processing required for that purchase (both receiving the payment made by you and the assignment of Virtual Coins or Virtual Goods to your account). With respect to any limitations on remote transactions existing under laws applicable to you, you acknowledge that since provision of the Virtual Coins and Virtual Goods is made immediately upon purchase thereof, your right to terminate the transaction is lost upon consummation thereof.
It is highly recommend to link your game and in-game purchases with your social network account, otherwise we will not be able to restore any Virtual Coins, Virtual Goods or other data associated with your activities to a different device if you lose that device or it is damaged.
To the extent required under applicable law, we will provide you with a VAT invoice with respect to purchased made by you. You agree that these invoices may be electronic in format.
We constantly trying to develop and create additional type of Virtual Coins, Virtual Goods and the uses thereof. Therefore, we reserve the right to control, regulate, change or remove any Virtual Coins and/or Virtual Goods without any liability to you at any time. Pricing for Virtual Coins and/or Virtual Goods offered through the Services at any time. We may limit the total amount of Virtual Coins and/or Virtual Goods that may be purchased at any one time, and/or limit the total amount of Virtual Coins and/or Virtual Goods that may be accumulated in your account. You are only allowed to obtain Virtual Coins and/or Virtual Goods from us or our authorized partners through the Services, and not in any other way.
Charge for Virtual Coins and/or Virtual Goods is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. We accept payment only through the options presented at the purchase page in the game. Please note that our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. Fulfillment of orders to purchase Virtual Coins and/or Virtual Goods will occur upon the completion of a successful payment transaction and subject to the processing requirements set forth above. We do not warrant that fulfillment will be instantaneous.
User Conduct and Content
You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
You agree that you will not: (i) use our Services to harm anyone or to cause offence to or harass any person; (ii) create more than one account per platform to access our Services; (iii) use another person or entity’s email address in order to sign up to use our Services; (iv) use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services); (vii) disguise, anonymize or hide your IP address or the source of any User Content that you may upload; (viii) use our Services for any commercial or business purpose; (ix) remove or amend any proprietary notices or other ownership information from our games or any other part of our Services; (x) interfere with or disrupt our Services or servers or networks that provide our Services or the use of the Services by other players, including the flow of the game or the ability of others to fairly compete; (xi) attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us; (xii) ‘harvest’, ‘scrape’ or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms); (xiii) sell, transfer or try to sell or transfer an account with us or any part of your account, Virtual Coins and/or Virtual Goods; (ixx) use our Services in violation of any applicable law or regulation; (xx) use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or (xxi) use our Services in any other way not permitted by these terms.
You warrant that all the information you provide to us is and shall remain true, accurate and complete at all times.
During access or use of the Services, information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“User Content”). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the User Content. This means that you, not us, are entirely responsible for all User Content that you may upload, communicate, transmit or otherwise make available via our Services. You agree not to upload, communicate, transmit or otherwise make available any User Content: (i) that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable; (ii) that is or could reasonably be viewed as invasive of another’s privacy; (iii) that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred; (iv) which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information); (v) which infringes any intellectual property right or other proprietary right of others; (vi) which consists of any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation; or (vii) which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
By submitting User Content, you: (i) are representing that you are fully entitled to do so; (ii) grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment or other consideration to you; (iii) agree to waive any “moral rights” you may have in the User Content; (iv) acknowledge that we do not monitor the use made by others in any User Content uploaded or have the obligation to protect your rights in connection with any misuse made by others. You must not copy, distribute, make available to the public or create any derivative work from any User Content belonging to any other user.
We do not control User Content posted on or communicated through our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that User Content. You understand that when using our Services, you may be exposed to User Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any losses or harm of any kind resulting from the use of any User Content posted, emailed, transmitted or otherwise made available via our Services.
We have the right to remove User Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor User Content that is contributed by people that use our Services and we make no undertaking to do so. We have no liability in connection with your interactions with other players.
Breach of these Terms
Without limiting any other remedies or any other paragraph of these terms, if we reasonably believe that you are in breach of these terms, we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend and/or modify your account or parts of your account; (ii) suspend and/or terminate your access to our Services; (iii) modify and/or remove any Virtual Coins and/or Virtual Goods that may be associated with your account; (iv) reset and/or modify any game progression or benefits and privileges associated with your account, such as any level or score you have reached. Failure to exercise one of the abovementioned options will not be deemed as waiver of such right or consent to the circumstances giving raise to the exercise of such rights and shall not prevent us from exercising any of the above options at a later stage subject to applicable law.
You understand and agree that termination or suspension of your account may occur if a material breach of this Agreement occurred in our discretion, and that in such event, we will cancel your accrued or entitled Virtual Coins and/or Virtual Goods without refund, payment or liability to us whatsoever. You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
Breach of your undertakings under the “Access and Use of the Services” and “User Conduct and Content” section will be deemed as material breach of these Terms.
Availability of the Services
We do not guarantee that any of our Services will be uninterrupted or error free or available at any given time. We do not undertake that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including, without limitation, canceling a game or one or more functionalities thereof or limiting or suspending access or use thereto for a definite or indefinite period of time. You assume any and all risk of loss associated with the termination of our services. With respect to Virtual Coins and/or Virtual Goods, we warrant that they will substantially comply with the description provided by it at the point of purchase and be of satisfactory quality. We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. If such circumstances result in material degradation in the functionality of the Services then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period.
In case of discontinue of a game, we will provide reasonable prior notice to all of our customers through the notification section in our website or the applicable game.
Limitation of Liability
WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF ANY OF OUR GAMES OR ANY OF OUR OTHER SERVICES, INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE RIGHT TO USE VIRTUAL COINS OR VIRTUAL GOODS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU.
We accept no responsibility for: (i) losses or harm not caused by our breach of these Terms or negligence; (ii) loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss; (iii) any damage that may be caused to any device on which you access or use any of our games or other Services; (iv) any increase in loss or damage resulting from breach by you of any of these Terms; or (v) technical failures or the lack of availability of any of our Services where these are not within our reasonable control.
The period you have to make any claim from us with respect to any liability, loss, damage or expense is limited to the period of six months as of the occurrence of the event giving raise to such claim. Claim must be sent to support@braingames.net and detail all relevant facts, evidence and information required by us to ascertain the basis of such claim. We will not be responsible for claims brought after the lapse of such six months nor will our responsibility will exceed the value of the amount that you have paid to us in the 3 months period preceding the event giving raise to such claim. We will not be responsible in any event for unforeseeable damages.
Unless otherwise specified in these Terms, we do not give any warranty, express or implied, in relation to our Services and you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services.
This limitation of liability is subject to the extent permitted under applicable law.
Intellectual Property
All copyright, trademarks, and other intellectual property rights in and relating to our Services (other than User Content which is contributed and owned by players) is owned by or licensed to us. Our intellectual property also includes any art, figures, graphics, characters, design, drawings, names, color scheme, “look and feel” and features included in our games and our websites. Please note that certain elements included in the Services are registered trademarks or copyrights belonging to us and are protected under US and foreign laws.
Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited license to access and/or play our games and use our other Services made available for you, for your own personal private use, in each case provided that such use is in accordance with these Terms. You agree not to use our Services for anything else. These terms also apply to any update or patches which we may release or make available for any of the Services and any such update or patch shall be deemed part of the Services for the purposes of these terms.
You must not copy, distribute, make available to the public or create any derivative work from our Services (including, without limitation, the intellectual property included therein) or any part of our Services unless we have first agreed to this in writing.
We are committed to maintaining the intellectual property rights of others. Therefore, if you believe that your intellectual property rights have been infringed by another user of the Services, you may contact us by emailing the following information to support@braingames.net.
Privacy
Your access and use of the Services, including the games you play and the User Content you upload, are governed by the terms of our Privacy Policy https://braingames.net/privacy-policy/.
Links and Third Party Sites
We may link to third party websites or services from our Services. We make no warranties or accept any responsibility regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses, payment or damage caused by such third parties. You understand that access and use of such third party’s sites or service is made at your own discretion, responsibility and under the terms and conditions applicable to such site or service, which is beyond our control.
Transferring these terms
We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent, and we may do so at our discretion. You, however, may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
Entire agreement
These terms set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us. Note that certain games and certain features of the Services might have additional rules and guidelines.
Changes to these terms
You can find these terms at any time by visiting https://braingames.net/terms-of-use/, and the Privacy Policy at https://braingames.net/privacy-policy/.
Severability
If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with applicable law, then that part shall be deemed deleted from these terms without affecting the remaining provisions of these terms.
Waivers of our rights
Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
Complaints and Dispute Resolution
Our customers service team is available for any question or concern you may have in connection with the Services. You may contact them directly support@braingames.net .
By accessing or using the Services, you agree that these Terms will be governed by the laws of the state of Israel, without reference to any conflict of laws. However, some laws, such as consumer protection laws, unfair competition laws, privacy laws and corresponding claims in negligence and tort, may be subject to the laws of the country in which you are resident. As a result thereof, we and you agree that subject to the binding arbitration provisions below, the competent courts located in Tel Aviv, Israel will have exclusive jurisdiction over all matters arising from or relating to these Terms, the Privacy Policy or otherwise to the Services, except if the applicable local laws allow you to choose the courts located in that country and you chose that country.
If a dispute occurs, then we will discuss and negotiate an amicable solution to such dispute within 30 days. If no solution was found within such 30 days period, either one of us can refer any such dispute, claim, controversy or action between you and us (or our parents, subsidiaries or affiliates) arising out of or relating to this agreement, the Services, or any other transaction involving you and us, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, to an arbitration proceeding in lieu of proceedings in courts and you hereby give your consent to such. In such event, both parties waive the right to a judge or jury in court proceedings. This also means that appeal possibilities are limited. Arbitration shall be administered by JAMS, a nationally recognized arbitration authority, under its procedures then in effect for consumer related disputes but excluding any rules that permit joinder or class actions in arbitration. You will bear the expense of the arbitration, provided that if the arbitrator rules in your favor, it may determine that we will cover all costs associated with such arbitration.
The arbitration shall be in accordance with JAMS Rules, shall be held by one arbitrator and shall be conducted in English. The arbitrator shall be bound by the terms of these Terms and must follow substantive law. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award is binding and may be entered as a judgment in any court of competent jurisdiction.
This undertaking shall survive termination.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PRIVACY POLICY ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the foregoing, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Questions About these Terms
If you have any questions about these Terms or our Services you may contact us by email at support@braingames.net.
These terms were last updated on 2021-01-01.
