Welcome to the website (the “Website”) of Flybrain.com Ltd. (the “Company”). The website provides, inter alia, various services including without limitation, interactive games for the improvement of certain cognitive skills (the "Services").
1. Acceptance of Terms
2. Intended Use
Interactive games for the improvement of certain cognitive skills and training experience (the “Intended Use”).
3. User Account
To access certain features or functionalities of the Services or the Website you may be required to become a registered user by way of choosing a unique username and choosing, or being assigned, a password, or log in using your Facebook login (such combination referred to as “User Account”).
If you choose to create a User Account, during registration you are required to provide accurate, complete and current information about yourself as requested. You may not choose a username, or provide other user information, that misrepresents you as another person or misleads others to think so. The Company may, in its sole discretion, refuse to approve misleading or offensive usernames.
Unless permitted by your User Account type or expressly authorized by the Company, you may not create User Account primarily intended to promote a product or service or create multiple User Accounts.
You are solely responsible for maintaining the integrity of your password. You understand and agree that any use made from your User Account shall be deemed to be made by you and you shall be solely liable for such use.
By using the Services through Facebook, you permit us to access certain information from your Facebook profile for use by the Services. You may control the amount of information that is accessible to us by adjusting your Facebook account privacy settings.
4. Scope of Service
User Accounts may vary as to the scope of the Service assigned by the Company and as to the charges payable for such scope of the Service.
By subscribing for a User Account of a certain type you agree to pay all associated charges and not to exceed the scope of the Service that you have subscribed for, as to features, content or functionalities.
Use of the Website and/or Services is subject to payment. Prices may be revised at any time without notice. Payment is recurrent on a monthly basis. You may purchase a monthly or annual subscription, which will be automatically renewed at the end of the term, unless you notify us otherwise by cancelling the recurring payment on your personal settings page. Cancellation may be subject to cancellation fees. Please see the Website for more details.
You are solely responsible for any taxes on amounts you may pay or obtain through the Site. We will deduct applicable charges and taxes from any payable amounts, as required by law.
We reserve the right to cancel any transaction that we have reason to believe to have been fraudulently made, including by authorized use of a credit card, debit card, or other payment method.
By registering online to the Website, you expressly agree not to request a ‘charge back’ of any fees or payments for said registration, and that no dispute with us will be raised with or adjudicated by the credit card company. Rather, you agree to contact us directly to resolve the issue or obtain a refund pursuant to applicable law.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify us of any unauthorized use of your password or any breach of security. You also agree that we cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than us without our express written permission. You must keep your account information up-to-date and accurate at all times, including a valid email address.
6. No Abuse or Interference
In particular, but without limitation, you agree not to do any of the following: (i) use the Website or the Service to engage in any activity that constitutes competition with the Service; (ii) disguise yourself as the Company or any person or entity or misrepresent your affiliation with the Company or any person or entity, or to disguise or misrepresent the origin of any content posted to the Website or made available through the Service; (iii) interfere with the full and complete display of advertisements on the Website pages; (iv) use the Website or the Service as a forwarding service to another website or link to the Website using any non-standard linking method; (v) use any method to intercept or expropriate any system data or information from the Website without the express written permission of the Company; (vi) use any robot, spider, other automatic device, or manual process to crawl, index, or copy the Website web pages or the content contained herein without the express written permission of the Company; (vii) use the Website or the Service in any way to harass another person or entity in any way; (viii) gain unauthorized access to other computers or networks through hacking or other means, or compromise the security of any account or site, or make the unauthorized use of the username or password of another user; (ix) collect or store personal data, or solicit personal identifying information including passwords, about other Website users unless specifically authorized by such users; (x) transfer any information held by a third party without such party’s knowledge or consent; (xi) engage in any activity that interferes with or disrupts the operation of the Service servers or networks associated with the Service or places an undue burden on it or limits, negatively affects, or interferes with, other users' ability to use the Service or the Website; (xii) make excessive or otherwise harmful automated use of the Website or the Service, including using scripts to add people to your list or to post or send comments; (xiii) transmit spam, bulk, “junk mail” or unsolicited communications, including in particular unsolicited advertising or promotional materials; conduct surveys, questionnaires, competitions, chain letters and "pyramid games/schemes," or any other form of solicitation; (xiv) disseminate, publish or upload any material containing or transmitting software viruses of any kind (including "trojan horses" and "worms") or any other computer code, file, program or routine designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or damage, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of any party; (xv) contravene any requirements, procedures, policies or regulations of networks associated with the Service.
7. Compliance with Laws
Recognizing the global nature of the Internet, you agree not to use the Service or the Website to engage in any activity that is unlawful under the laws of any jurisdiction to which you or the Company may be subject or that violates any applicable local, state, national or international law, including the rules of any national or other securities commission or exchange.
In particular, you agree to comply with all applicable laws and rules regarding online conduct, acceptable content and the transmission and export of technical data.
As you know, this Website and Service are intended for family use and may be accessed by children. You specifically agree not to do anything harmful to minors in any way, not to promote or provide instructional information about illegal activities, not to promote physical harm or injury against any individual, group or governmental entity, nor to promote any act of cruelty to animals.
The Company reserves the right to report any wrongdoing that the Company may become aware of to the applicable government agencies or to take other appropriate action permitted by law.
8. No Resale of Service
Unless permitted by your User Account type or expressly authorized by the Company, you agree not to make any commercial use of the Service or the Website, including in particular, licensing, sale, transfer or other exploitation of the content of the Website or the Service, not to make any use other than the Intended Use within the scope envisaged by your User Account, and not to engage in any commercial activities within the Service or the Website, including, without limitation, advertising, sale-purchase, and promotion of products or services in any manner such as via hyperlinks to other websites, and.
9. User Empowerment
Your User Account may enable you to add, create, upload, submit, distribute, or post content on the Website. We do not claim ownership of any content of any kind (including, without limitation, information, data, text, sound, video, audio, music, logo, graphic image, picture, photograph, illustration, animation, sketch, simulation, software, computer code, application, format, protocol, database, interface, character, mark, symbol, icon, concept, know-how, technique or idea, or any combination, design, layout or presentation thereof) that you post, submit or make available for inclusion on the Website or through the Service ("User Content").
By adding, creating, uploading, submitting, distributing or posting any User Content on the Website or through the Service, you represent and warrant to us that: (i) you have all the rights necessary to post such User Content and to grant the license described below; (ii) such User Content does not infringe in any manner any right of or duty toward any third party (including, without limitation, any trademark, copyright, or other intellectual property right, any rights of publicity or privacy), does not violate any laws or regulations, and does not otherwise result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (iii) your User Content does not contain any information that you or any third party may consider confidential or proprietary; (iv) your User Content is not false or misleading.
To enable the Company to provide the Services, you hereby, by posting any User Content, grant the Company a worldwide perpetual irrevocable, royalty-free and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, create derivative works from, publicly perform, and publicly display your User Content (in whole or in part) in any format or medium now known or later developed. If any laws prevent such licensing, you agree never to make any claim against the Company for the use of User Content. You grant the Company or its sublicensees, at their option, the right to use the name that you submit in connection with such User Content.
10. Restriction on Objectionable Content
As you know, this Website and Services are intended for family use and may be accessed by children. You agree that you are solely and fully responsible for any User Content in whatever form posted to the Website or through the Service from your User Account. In particular, without limiting the Company’s discretion, you agree not to make any use of the Website or the Service to post or make available in any manner, including by way of the inclusion of any hyperlinks, any User Content that: (i) is unlawful, or promotes any activity that is unlawful, under the laws of any jurisdiction to which you or the Company may be subject; (ii) is harmful, threatening, advocating violence, harassing, defamatory, indecent or obscene (including without limitation any images or depictions of child abuse, child pornography, or minors engaged in sexual conduct or explicitly sexual situations) or otherwise unsuitable for minors; (iii) contains unauthorized disclosure of personal information or is invasive of any person’s privacy; (iv) infringes, including by way of improper or unauthorized hyperlinking, any party’s intellectual property rights, including in particular any patent, trademark, trade secret, copyright; (v) is protected against disclosure under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) is falsified, deceptive or misleading, including without limitation the use of forged headers or otherwise manipulated identifiers in order to disguise its origin, or lacking author attribution, copyright notice, or any other information necessary to avoid making it misleading; (vii) holds the Company or any of its affiliates, employees or shareholders up to public scorn.
11. No Monitoring of Content and No Endorsement of Links
The Company has no obligation to pre-screen or otherwise monitor any other third-party content including User Content available on the Website or accessible through the Service. The Company has no control over the content of any hyperlinked third-party websites and shall have no obligation to review the content of such sites.
You understand that by accessing certain areas of the Website, such as any forum, message-board, or chat-room, or using the Services otherwise than the Monitored Content, you may be exposed to content that is inaccurate, misleading, objectionable, offensive, indecent or otherwise inappropriate, especially for children.
12. Termination of Service to You
You agree that the Company may, immediately and without notice, suspend or terminate your User Account or your access to all or part of the Service and remove and discard any of your User Content within the Service, if the Company in its sole discretion determines that you have violated these Terms. Further, you agree that Company shall not be liable to you or to any third party for suspending or terminating your User Account or your access to the Service or for removing your User Content or any other content
You may discontinue your participation in and access to the Service at any time but will remain liable for any outstanding charges due to the Company.
13. Modifications to Service
The Company reserves the right, in its sole discretion and at any time, to modify, suspend or discontinue the Service or any part thereof, with or without notice to you, to remove any content whatsoever, and to restrict any activities, services or access thereto.
You agree that the Company shall have no liability for any modification, suspension or discontinuance of the Service. The Company shall have no liability for any scheduled or unplanned system outages, including due to any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Website and the Service, and in particular for the resulting unavailability of the Website, any resultant loss of data or any resultant delay or non-delivery of information.
14. Intellectual Property of the Company
You acknowledge and agree that the Company owns all right, title and interest, including without limitation all intellectual property rights – meaning any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide – in and to the Website and the Services, including the Website name and software used to operate the Website and the Services and including all content of the Website and the Services other than content owned by third parties, whether or not copyright notice has been included in relation to specific information. The Website and all content thereof is protected by United States and international copyright and trademark laws.
You acknowledge and agree that the Company’s name and the Company’s logo are trademarks of the Company. You are not authorized to use any such trademarks, or any other trademarks of the Company, whether registered or unregistered. Ownership of all such trademarks and the goodwill associated therewith remains with Company.
Nothing in these Terms, on the Website or in the Service shall be construed as granting any right or license with regard to any content, material or trademark contained, used or displayed on the Website or through the Service without the express prior written permission of the rights owner.
You agree not to (i) copy, reprint, reproduce, publish, adapt, modify, translate, distribute, transmit, display, perform, prepare derivative works from, any parts of the Website or the Services or content appearing therein (except your User Content), in any form elsewhere, without expression prior written consent of the Company; (ii) reproduce, decompile, reverse engineer, disassemble, modify, create derivative works from, or in any way attempt to derive source code from, the Service or related software or the Website or related software or content, in whole or in part; (iii) remove, obscure, or alter the Company’s copyright notice, trademarks, or other proprietary rights notices or legend contained within the Website or the Service. We specifically permit links to the Website from other websites.
15. Intellectual Property of Third Parties
You acknowledge and agree that rights in any third-party content (including any content licensed by the Company, advertisements and User Content) presented to you through the Service or contained on the Website or in any other websites to which this Website links, including copyright, trademarks, logos, service marks, patents or other proprietary rights and any other intellectual property rights not owned by the Company, belong to their respective owners.
We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
17. Disclaimer of Warranties
YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE COMPANY PROVIDES THE SERVICES AND THE WEBSITE "AS IS" AND "AS AVAILABLE".
THE COMPANY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF CONTENT AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE OR THE SERVICES WILL BE AVAILABLE AT ANY GIVEN TIME, UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR ERROR-FREE. THE COMPANY MAKES NO WARRANTY THAT ANY DEFECTS OR ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
The Company makes no warranty as to the results that may be obtained from the use of the Website or the Services or as to the accuracy or reliability of any information obtained through the Website or the Service or as to the quality or safety of any products, services, information, or other material obtained by you as a result of the use of the Website or the Service.
No advice or information, whether oral or written, obtained by you from the Company, through the Website or through the Service shall create any warranty not expressly made herein.
18. Limitation of Liabilities
Your use of the Website and the Service is at your sole discretion and at your sole risk. You assume the risk of, and will be solely responsible for, any loss or damage that may result from your use of the Website or of the Service.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, ATTORNEYS, AGENTS, LICENSORS, LICENSEES, SUPPLIERS OR REPRESENTATIVES BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY THEORY OF LIABILITY (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY OR SUCH OTHER PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATING OUT OF YOUR OR ANY THIRD PARTY’S USE OR MISUSE OF THE SERVICE OR THE WEBSITE. THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY OR ANY REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE.
Such limitation of liability shall apply whether the damages arise from the use or misuse of and reliance on the Service or the Website, from the inability to use the Service or the Website, from the interruption, suspension, or termination of the Service or the Website (including such damages incurred by third parties); unauthorized access to or alteration of your transmissions or data; loss of data or any damage to your computer system; statements or conduct of any third party on the Website or through the Service; any User Content or third-party content or code obtained or retrieved via the Website or through the Service (including content retrieved into your browser's cache); any information, products or services advertised, obtained or otherwise made available through the Website or the Service; any other matter relating to the Website or the Service.
The Company neither assumes, nor authorizes any other party to assume on its behalf, any other liability in connection with the Website and the Service other than as set forth herein.
Notwithstanding the foregoing, the total cumulative potential liability of the Company to you for any cause and under any legal theory will be limited to the amount paid by you, if any, to the Company for your use of the Website or the Service.
This disclaimer is made, and liability is limited, to the fullest extent permitted by law. Some jurisdictions may not allow the disclaimer of certain warranties or the exclusion or limitation of liability for incidental or consequential damages, in which case some of the limitations, exclusions and disclaimers in these terms may not apply to you. To the extent that the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Company’s liability shall be the minimum permitted under such applicable law.
You are solely responsible for your actions and for your User Account when using the Website and the Service. You agree to indemnify, defend, and hold harmless the Company, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, advisors, agents and shareholders from and against any and all claims, demands, actions, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees), royalties and liabilities of any kind and of any nature that may be incurred as a result of or arising from or in connection with: (i) any information (including, without limitation, your User Content or any other content) posted on the Website or made available through the Service by you; (ii) your use of the Website or the Service; (iii) your violation of these Terms; (iv) your violation of any applicable laws; (v) your violation of any rights of any third party; (vi) any of the above made from your User Account.
The Company shall conduct its defense in any such third-party claim or proceeding in its sole discretion and you shall fully cooperate with the Company for such purpose.
20. DMCA Contact
We comply with the provisions of the Digital Millennium Copyright Act applicable to service providers. If you have any complaints with respect to material posted on the Website, you may contact our designated agent by email to firstname.lastname@example.org or at the following address:_________________________
You must include the following information in your complaint:
o a description of the copyrighted work or other intellectual property that you claim has been infringed;
o a description of the material that you claim is infringing and where it is located on the Website;
o your mailing address, telephone number, and if available, email address;
o a statement by you that you have a good faith belief that the use of the material on the Site is not authorized by the copyright owner, its agent, or the law;
o a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and
o an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed
21. Choice of Law and Forum
You agree that regardless of any statute or law to the contrary but to the extent permitted by law, any claim or cause of action arising out of or related to use of the Website, the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
22. General Provisions
Relationship. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms between you and the Company. The agreement pursuant to these Terms is between you and Company and is not intended to be for the benefit of any third party, and no third party shall have any right to enforce any term hereof.
If any dispute arises between you and any third party, you understand and agree that the Company is under no obligation to become involved and you hereby release the Company from any and all liability arising out of, or in any way related to, such disputes as set forth in the Limitation of Liability section above.
Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.
Survival. Any protection of intellectual property rights, any of your representations and warranties and any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Service.
Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, any other provisions of these Terms will continue in full force and effect and you agree that the court should endeavor to give maximum effect to the parties’ intentions as reflected in the provision.
Waiver. Any waiver of any provision of these Terms will be effective only if made in writing and signed by the Company; any delay or failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of the Company. The Company may, at any time, assign its rights or delegate its obligations hereunder without notice to you.
The Company shall be permitted to send notices to you by posting a notice on the Website (deemed received on your accessing the Website or using the Service) or via e-mail to the address that you provided (deemed received on the following day).