Terms of Service
1. Acceptance to the Terms of Service
- The terms of this agreement (“Terms of Service”) govern
the relationship between you and BrainTrainingStudio Corporation and its
affiliates (hereinafter “BrainTrainingStudio” or “Us” or “We”) regarding
the access and/or use of BrainTrainingStudio games, websites, forums, and
any other existing services (collectively, the “Service”).
- Prior to your accessing and/or using the Service,
please read these Terms of Services and the Privacy Policy carefully as
these are legally binding agreements between you and BrainTrainingStudio.
- You must agree to represent that you are 16 years of
age or older to use the Service. You may not download, use the Service, or
create an Account if you are under the age of 16.
- If you are between the ages of 16 and 18, or under the
age of majority where you live, you may not use the Service unless your
parents or legal guardians review this Terms of Service and agree upon it
on your behalf.
- When you use the Service, you represent that you
understand the Terms of Service and agree to be bound by all of the terms
and conditions in the Terms of Service. If you do not agree to the Terms
of Service, you must not use the Service.
- BrainTrainingStudio reserves the right to modify the
Terms of Service by posting updated versions at any time at its sole discretion.
If you disagree to any part of the then-current Terms of Service, you must
discontinue using the Service.
- You are responsible for the maintenance of your own
device and must take immediate action to secure the Account if it is
believed to have been lost, stolen, or is otherwise being used by a third
party.
2. Limited License Grant
- Subject to your agreement and continuing compliance
with the Terms of Service, including any other relevant BrainTrainingStudio
policies, BrainTrainingStudio grants you a non-exclusive, non-transferable,
non-sublicensable, revocable limited license subject to the limitations
below to access and use the Service for your own non-commercial
entertainment purposes. You agree not to use the Service for any other
purpose.
- You are fully responsible for taking care of your own
device and Account, especially for any unauthorized use of the Service or
any use of your credit card and/or other payment methods (e.g. PayPal,
and/or, without limitations, other payment methods, etc.) by minors.
- License covers the updates, expansions, and additional
components provided by BrainTrainingStudio.
- If you are a convicted felon or have previously been
banned from the Service, you may not use the Service.
3. Suspensions and Termination
- BRAINTRAININGSTUDIO MAY, IN ITS SOLE DISCRETION, TERMINATE,
LIMIT, SUSPEND, MODIFY, OR DELETE A USER’S ACCOUNT OR ACCESS TO BRAINTRAININGSTUDIO
SERVICE AND PROHIBIT OR DENY ACCESS TO THE GAMES AND THEIR CONTENTS.
- THEREFORE, IF YOU ARE, OR BRAINTRAININGSTUDIO SUSPECTS
THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE, OR
THERE IS ANY ACTUAL OR SUSPECTED ILLEGAL AND/OR IMPROPER USE OF THE
SERVICE, BRAINTRAININGSTUDIO IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR
ANY SUCH LOSSES OR RESULTS.
- BRAINTRAININGSTUDIO RESERVES THE RIGHT TO TERMINATE ANY
ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
- BrainTrainingStudio reserves the right to stop offering
and/or supporting the Service at any time, and BrainTrainingStudio is not
required to provide refunds, benefits or any other compensation to the
user related to this discontinued Service.
- You may terminate your own account at any time and for
any reason.
4. Login Information, Account
- During the process of creating an Account, you will be
required to provide a username and/or email address and a password (“Login
Information”).
- You shall not share your Account or Login Information,
nor let anyone else access the Account or do anything else that might
jeopardize the security of your Account.
- You are solely responsible for maintaining the
confidentiality of your Login Information, including all types of
purchases, whether or not authorized by you.
- You are fully responsible for anything that happens
with and through the Account.
- BrainTrainingStudio reserves the right to remove or
reclaim any usernames at any time and for any reason, including but not
limited to claims by a third party that a user who uses the username
violates or infringes upon the third party’s rights.
5. Code of Conduct
- You agree to comply with the following (“Code of
Conduct”): Comply with the terms and conditions of third-party mobile
platform providers, such as Apple and Google, from whom you download BrainTrainingStudio
Services, including the terms regarding payment for In-App purchases made
through the platform;
- Not to, in any circumstances, attempt to access or
obtain other users’ account or login information;
- Not use cheats, exploits, hacks, automation software,
bots, mods or any unauthorized third-party software to modify, interfere
or disrupt the Services;
- Not develop, distribute, or publicly inform other users
of “auto” software programs, “macro” software programs, or other “cheat
utility” software programs or applications in violation of the Terms of
Service;
- Not exploit, distribute, or publicly inform other users
of any game error, miscue, or bug which gives an unintended advantage;
- Not disrupt, overburden, aid or assist in the attempt
to modify, interfere or disrupt the Service or any other Service-related
environment;
- Not institute, assist or become involved in any type of
attack, including, without limitation. distributing viruses or other
attempts to disrupt the Service or any other user’s use of the Service;
Not send, post,
transmit, or make available any material and/or information that may be
abusive, threatening, illegal, obscene, defamatory, libelous, or containing
nudity, excessive violence, or racially, religiously, sexually or otherwise
objectionable or offensive;
- Not create a false identity or impersonate another
person or entity, including, without limitation, identities falsely
indicating that you are BrainTrainingStudio Corp. official or
representative, message board or community board moderator, another user
or host, and/or that you are a celebrity or public figure;
- Through the Service, not make available any material or
information that infringes upon any copyright, trademark, patent, trade
secret, rights of privacy, rights of publicity or other rights of any
persons or entities;
- Not to harass, abuse, threaten or bully any other
player or BrainTrainingStudio employees, including BrainTrainingStudio
customer service representatives;
- Not attempt to gain unauthorized access to the Service,
accounts registered or others, or to networks from which portions of the
Service are provided, including circumventing or modifying, attempting to
circumvent or modify, or assisting or encouraging any other person to
circumvent or modify any security, technology, device, or software that is
part of the Service;
- Not engage in attempts to modify, reverse engineer,
decompile, disassemble, decipher or otherwise try to derive the source
code for any underlying software and/or other intellectual property used
to provide the any or all of BrainTrainingStudio Services;
- Not to buy, sell, trade, or advertise to sell any virtual
currency, items or game accounts for commercial purposes;
- Not improperly use BrainTrainingStudio support
services, including by submitting false reports; Unless permitted by law
or the existence and application of open source licenses, you will not
modify, reverse engineer, decompile, disassemble, decipher or otherwise
try to derive the source code for any underlying software or other
intellectual property used to provide the Service or any BrainTrainingStudio
game;
- Failure to comply with this Code of Conduct may result
in suspending or revoking your account, where BrainTrainingStudio reserves
the right to determine which conduct is considered to be violated and
reserves the right to take action as needed.
6. User Content / User Interaction
- BrainTrainingStudio does not endorse any User Content
(any form of content such as fan art, blogs, wikis, discussion forums,
posts, chats, digital images, videos, and/or any other forms of media
created by users) supplied by users, and each user is responsible for his
or her User Content, and we expressly disclaim any implied warranties with
respect to User Content.
- BrainTrainingStudio does not, and cannot, pre-screen or
monitor all User Content. BrainTrainingStudio is not responsible for
monitoring the Service for inappropriate or illegal communications by
users. Your use of the Service is at your own risk. However, we reserve
the right to block, remove, refuse to post or edit User Content if
necessary.
- The Service may include various forums, blogs, and chat
features where you can post User Content, including your observations and
comments on designated topics. BrainTrainingStudio cannot guarantee that
other members will not use the ideas and information that you share.
Therefore, if you have an idea or information that you would like to keep
confidential and/or don’t want others to use, do not post it on the
Service. BrainTrainingStudio will not be a part of nor hold responsibility
to evaluate, use, or compensate you for any ideas or information that you
may choose to submit.
- You are solely responsible for the information that you
post on, through, or in connection with the Service, and that you provide
to others. BrainTrainingStudio may reject and refuse to post, or delete
any User Content for any or no reason, especially if the content violates
the Terms of Service.
- You are solely responsible for your interaction with
other players with whom you interact through the Service. BrainTrainingStudio
reserves the right, but has no obligation, to become involved in any way
concerning the dispute of the Service. You will fully cooperate with BrainTrainingStudio
to investigate any suspected unlawful, fraudulent or improper activity,
including granting BrainTrainingStudio access to any password-protected
portion of your account, without limitation.
- If you have a dispute with one or more users, you shall
indemnify BrainTrainingStudio (and our officers, directors, agents,
subsidiaries, joint ventures and employees) from claims, demands and every
kind of damages (actual and consequential), both known and unknown,
arising out of or in any way connected with such disputes.
6.1 User Generated Content License
- Regarding your User Generated Content, you hereby grant
to BrainTrainingStudio a non-exclusive, sublicensable, irrevocable and
royalty-free worldwide license under all copyrights, trademarks, patents,
trade secrets, privacy and publicity rights and other intellectual
property rights to copy, reproduce, fix, adapt, modify, create derivative
works from, manufacture, commercialize, publish, distribute, sell,
license, sublicense, transfer, lease, transmit, publicly display, publicly
perform, or provide BrainTrainingStudio with access to electronically
broadcast, communicate to the public by telecommunication, and display,
perform, enter into computer memory, use and practice, in any way
(including, but not limited to, third-party sites and platforms such as
Facebook, Twitter, and YouTube) without further notice to you, with or
without attribution, and without the requirement of permission from or
payment to you or any other person or entity.
- You further hereby grant to BrainTrainingStudio
unconditional, irrevocable right to use and exploit your name, likeness
and any other information or material included in any User Content,
without any obligation to you. Except as prohibited by law, you waive any
rights of attribution and/or any moral rights you may have in your User
Content, regardless of whether your User Content is altered or changed in
any manner. BrainTrainingStudio does not claim any ownership rights in
your User Content and nothing in these Terms of Service is intended to
restrict any rights that you may have to use and exploit your User
Content.
7. Purchase Terms
- The Service allows you to “earn” In-Game Items. You may
also use real money to purchase a license to use certain In-Game Items.
In-Game Items, including “Coins,” “Crystals,” and any other virtual
currencies within the Game are for personal, non-commercial entertainment
purposes, have no independent value outside of the Game, may not be
redeemed for any cash value, and is simply a measurement of your limited
license.
- BrainTrainingStudio does not control or manage the
payment process; please review the relevant terms and conditions with the
applicable platform provider (e.g., Apple’s iOS, Google’s Android OS,
etc.) before making any In-App Purchases.
- BrainTrainingStudio may manage, regulate, control,
modify, or eliminate In-Game Items and/or Merchandise (any other goods or
services) at any time, with or without notice. BrainTrainingStudio shall
have no liability to you or any third party in the event that BrainTrainingStudio
exercises such rights.
- Other than as authorized in the Service, you shall not
sell, redeem or otherwise transfer In-Game Items or Merchandise to any
person or entity, including but not limited to BrainTrainingStudio, other
users or any third parties
- ALL PURCHASES AND REDEMPTIONS OF THIRD-PARTY VIRTUAL
CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. YOU
ACKNOWLEDGE THAT NEITHER BRAINTRAININGSTUDIO NOR ANY MOBILE PLATFORM
PROVIDER IS REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL
NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED IN-GAME ITEMS WHEN AN
ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. IN
THE EVENT THAT YOU DO NOT RECEIVE AN IN-GAME ITEM THAT YOU PROPERLY
PURCHASED THROUGH A PLATFORM PROVIDER, YOU MAY REQUEST A REFUND DIRECTLY
FROM THAT PLATFORM PROVIDER SUBJECT TO THEIR REFUND POLICY.
8. Ownership / Trademarks and Copyrights
All rights, titles,
and interests of the Service (including, without limitation, any games, titles,
computer codes, themes, objects, characters, character names, stories,
dialogues, catch phrases, concepts, artworks, animations, sounds, musical
compositions, audio-visual effects, methods of operation, moral rights,
documentation, in-game chat transcripts, character profile information, recordings
of games played using a BrainTrainingStudio game client, and the BrainTrainingStudio
game clients and server softwares) are owned by BrainTrainingStudio. BrainTrainingStudio
reserves all rights without limitation, including all intellectual property
rights or other proprietary rights, in connection with its games and the
Service.
9. Services Not Controlled By BrainTrainingStudio
Some products may give
you the option of using the Service in methods not controlled by BrainTrainingStudio.
For example, you may be given the option to use the Service on servers not
owned or controlled by BrainTrainingStudio. BrainTrainingStudio takes no
responsibility for your use of BrainTrainingStudio software on or through any
such service and otherwise has no control over how those services are offered,
administered, or operated. Any such use of non-BRAINTRAININGSTUDIO controlled
services is explicitly at your own risk and you are subjected to additional or
different terms and restrictions by the third party running the service.
10. Links to Third-Party Sites
We may link to
third-party websites or services from our Services. You understand that we make
no promises 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 or harm caused by such third parties. Any charges you
incur in relation to those third parties are your responsibility. You
understand that when you provide data to such third parties you are providing
it in accordance with their own privacy policies (if any) and BrainTrainingStudio
Privacy Policy does not apply in relation to that data.
11. Entire Agreement
- The Terms of Service (including the BrainTrainingStudio
Privacy and Cookie Policy and other Supplemental Terms incorporated by
reference into this document) and any posted rules or instructions
regarding a particular game, activity, contest, or sweepstakes constitute
the entire agreement between you and BrainTrainingStudio relating to your
rights and obligations in the use of Services.
- If there is any conflict between the Terms of Service
and any other rules or instructions posted elsewhere, BrainTrainingStudio
shall resolve the conflict in its sole discretion.
- If any court or other competent authority finds any of
the terms of the Terms of Service to be invalid or unenforceable, the
other terms will not be affected.
12. How to Contact us
To find out more about
how your Personal Information will be used please contact us through our
Customer Service at cs.BrainTrainingStudio.com.
13. Complaints
We hope that you won't
have any complaints about us or our Services. If you are unhappy with our use
of your Personal Information then please contact our customer services
department at cs.BrainTrainingStudio.com.
14. Governing Law/Jurisdiction
This Terms of Service
is governed by and interpreted in accordance with the laws of the REPUBLIC OF
KOREA. Any claim or dispute with you and BrainTrainingStudio, relating in any
way to the Service or the Terms of Service, will be subject to the exclusive
jurisdiction of the courts of the REPUBLIC OF KOREA.
This Terms of Service was last updated on 1 July 2016.
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