TERMS OF SERVICE
THIS TERMS OF SERVICE ("AGREEMENT") DESCRIBES THE TERMS AND CONDITIONS ON WHICH WE GRANT AN END USER ACCESS TO BRAINFULL, LLC, GAMES AND PRODUCTS PROVIDED ON IOS, GOOGLE PLAY AND AMAZON. BY DOWNLOADING, INSTALLING, ENTERING, USING, PLAYING OR OTHERWISE ACCESSING OUR PRODUCTS, YOU AGREE TO THIS AGREEMENT (THIS AGREEMENT MAY BE AMENDED FROM TIME TO TIME). PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, EXIT THIS PAGE AND STOP ACCESSING THE DIGITAL CONTENT AND PRODUCTS. THE PRODUCTS ARE PROTECTED UNDER INTERNATIONAL INTELLECTUAL RIGHTS. THE PRODUCTS ARE ONLY ALLOWED FOR PERSONAL USE; THEY MAY NOT, AT ANY TIME, BE USED OR DISTRIBUTED FOR COMMERCIAL USE OR ACTIVITIES.
Please read this terms of service agreement. If you do not agree to the terms and conditions stated within this agreement, you will not be provided the rights to use Brainfull’s Games & Apps. Your use of Brainfull’s apps and services constitute your agreement to all such terms and conditions. Brainfull, LLC grants you the end user rights to this application under the guidance of this agreement. You must agree to the following conditions stated put forth here:
1. Software Protection Provisions
a) Licensing and Restrictions: Authorization: Brainfull, LLC authorizes users the rights to use Brainfull, LLC products: You may install this product unlimited times for non-commercial use. Restrictions: Please note that other than explicitly stated under this agreement, Brainfull, LLC does not grant you any other rights. You may not, at any time distribute, copy, reverse engineer, decompile, or reassemble products from Brainfull, LLC. Any unauthorized usage of Brainfull’s games & apps in public activities for personal gains, such as distributing, reproducing, publishing, re-skinning or disseminating, will be viewed as an infringement, and Brainfull, LLC may take legal means to pursue legal action against such party who is involved in any unauthorized use as outlined above.
b) Termination: If you failed to comply with any of the terms and conditions stated in this agreement, the agreement will be terminate immediately. Individual mandate: Any organization or person must receive a written consent by Brainfull, LLC before distributing, reproducing, re-skinning, publishing or disseminating this product, otherwise such actions will be viewed as infringement & legal action will follow.
c) Intellectual Property and Business Trademark: This agreement does not grant you the rights to use any trademark, logo or any commercial representation that reflects our commercial identity (“Logo”) owned by Brainfull. Brainfull products (including, but not limited to, images, sound, animations, written characters and engineering, programming, voice over FX, sound FX, code, API libraries or any contents within the products themselves as they are proprietary property of Brainfull, LLC) and any derivative products are properties belonging to Brainfull, LLC, who possesses full ownership, intellectual property rights and copyright of these products. This agreement does not grant you the rights to these contents.
d) Limited Warranty, No Warranty: The use of this product requires internet access, and may lead to many conditions of instability, where the services may lead to vulnerability, computer viruses, hacks, operating system crashes, user location inaccuracy, device shut down or malfunctions, or any other technical issues related to software, internet connection, or telecommunication that may result in service interruption or any risks may decrease user satisfaction. User will assume all the above-mentioned risks, and Brainfull, LLC hereby declares zero-fault for any of the risks users may take while accessing Brainfull’s products such as search, download, or message related issues; the user party will take full risk and responsibility, and Brainfull, LLC will not compensate users for any losses, under any circumstances, as allowed by law, and herein notifying all parties of the risks involved. No Liability for Losses: When using our products, you may be exposed to violation of privacy, copyright, or illegal contents or conducts, or violation of the rights of others (including intellectual property) caused by an anonymous or known third party. User will assume all risks, and Brainfull does not make any types of guarantees or commitments, whether expressed or implied, to the authenticity, applicability and suitability of information or content, or any warranties pertaining to usage or infringement activities. Therefore, we will not take any responsibility for any direct, indirect, incidental, special or consequential liabilities due to the improper or illegal use of our products.
2. User Notice Users are reminded under this agreement that they must comply with relevant national policies and laws guiding the use of internet, such as criminal law, national security law, privacy law, computer information system security regulations, protection of national interests and the protection of national security. Users will take full responsibility for the improper or illegal usage of the internet.
a) Users must use Brainfull Apps & Games and series in compliance with any and all relevant laws and regulations, and at no time should our products be used for or used in association with the sending or promoting sensitive information pertaining to illegal activities or activities that threatens national security; users may not use our product in association with sending or promoting false, harassing, abusive, threatening, provocative, vulgar, obscene or pornographic information or materials; users may not, at any time, use Brainfull, LLC products and contents for commercial purposes without a written consent by Brainfull, LLC.
b) We comply with COPPA (the Children’s Online Privacy Protection Act). When using our Products, we may read non- personal information (such as internet, Wi-Fi availability, network connection, wake lock, device status, internal and external storage availability and usability) for the use of Product development and Service improvement. The collection of information will be used for the development and functional improvement of our Products to ensure quality user experience. We only collect such information to the extent that allow us to conduct our normal business operation and Products’ research and development. We hereby declare that any information we received will be used solely for the purpose of product functionality and development, and no information will be disclosed to any third person party unless we have received your consent or under government order.
c) Like other common internet software, Brainfull products are susceptible to various security issues, such as viruses from the infected software or files downloaded onto a device that threaten the security of personal information and data, and likewise, Brainfull information and data; therefore, we strongly advise users to strengthen personal data protection to prevent any inconvenience to personal activities and the normal use of our products without unnecessary disruption.
d) Children and adolescents, namely children under the age of 13, must use our products and internet service under the supervision of an adult; we strongly advise parents and guardians to monitor their children’s activities in our products, email exchanges, and other online events and activities.
e) Users must not spread unfavorable remarks or actions that reflect negatively on Brainfull’s image; ranging in severity, Brainfull, LLC may take legal actions against the person or organization responsible.
f) Users must not, at any time, use our products in association with activities that violate national laws. If discovered, Brainfull, LLC will assist the public authority in the investigation work.
3. Third Party Liabilities Please note that Brainfull, LLC will take no responsibility for any violations of rights by other parties (including, but not limited to, intellectual property), as such, we will not take responsibility for the liabilities by any party using our products or services to deliver messages or contents.
4. Law and Guidance This agreement complies with current guidelines of both national international law and the current guidelines from the Appstore set forth as of April 2021, of which this agreement is guided by. From time to time, this agreement will be amended in accordance with updated guidelines from iOS, Google, and the Amazon Appstore, otherwise, all conditions stated in this agreement will stand and hold.
5. Amendments We may amend (such as update, modify, correct, or terminate) this agreement (including any additional terms and conditions applicable to any specific products and services) at any time in our sole discretion by posting the amended agreement on our website or on or within the services. The amendments must comply with the national laws and Appstore guidelines, and must not produce any harm to users’ basic rights to services. If you do not agree to the amended agreement, immediately stop accessing the products, otherwise, Brainfull, LLC has the rights to assume your acceptance to the amended agreement.
6. Effective Date This agreement is posted on the Brainfull’s Website. This agreement will take effect upon your initial use of our products or services.
7. Disclaimer Brainfull, LLC reserves the rights to the final interpretation to the terms and conditions of this agreement and its contents.