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In its discretion, MOBIXAS B.V. reserves the right to charge fees for or discontinue any part of the Service at any time. By using and/or visiting Brain-gymnastics, including but not limited to the products, services, content, applications, software, or other features that may be available from time to time in connection with Brain-gymnastics, its website, or any application (collectively, referred to as the “Brain-gymnastics” or “Mobixas B.V.”), you agree to be bound by both these terms of service and the privacy policy which is incorporated by reference. Each time you use or access Mobixas B.V. products you are responsible for being familiar with any changes or modifications to these terms of service, which may occur from time to time. These Terms of Service may be updated from time to time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on this website. Where the changes are material, we may also choose to email all our registered users with the new details and it is within our sole discretion whether or not we choose to do so. The date of the most recent revisions will also appear on this page. If you do not agree with any of these Terms of Service, please do not use or access Brain-gymnastics, and if you do not agree to any changes we make in the future, you must terminate your registration with Brain-gymnastics. __ Access to Brain-gymnastics__ You are solely responsible to arrange and to pay for any service fees associated with your ability to access Brain-gymnastics as well as any other equipment necessary to connect to the Service. You are responsible for ensuring that your equipment, software and use do not disturb or interfere with our operation of the Service. In the sole discretion of Brain-gymnastics any equipment, software or other usage that may cause any interference with the Service shall result in immediate disconnection from the Service.
In order to use Brain-gymnastics as a member or a visitor you must affirm that (i) you are able to understand, accept and abide by these Terms of Service; (ii) all registration information you provide will be accurate and truthful and you agree to update this information in a timely fashion; (iii) you are at least 16 years of age or older; and (iv) if you are not yet at least 16 years of age you are an emancipated minor or have the consent of your parent or legal guardian. ** If you are not at least 16 years of age, unfortunately, you cannot use Brain-gymnastics **. Please speak to your parents or guardian about another service that may be appropriate for you.
You are entirely responsible for maintaining the security and confidentiality of your information and password. You agree that you will immediately notify MOBIXAS B.V. should your password or any of your information be compromised and of any such unauthorized use. Any information provided by you or gathered by MOBIXAS B.V. or third parties during any use of MOBIXAS B.V. shall be subject to the PRIVACY POLICY.
Should you violate or breach these Terms of Service, MOBIXAS B.V. reserves the right, at its sole discretion and without notice, to suspend or terminate your membership, any and all content and information you may have provided, and your ability to access any part of Brain-gymnastics. Users with suspended or terminated accounts are prohibited from creating new accounts on Brain-gymnastics. Even after the termination of your account or access to Brain-gymnastics, provisions 5, 9, 10, 11, and 12 of these Terms of Service shall remain in effect.
You alone are responsible for your conduct on Brain-gymnastics and for all the content you provide. Content may be provided to and appear on MOBIXAS B.V. as text, graphics, images, audio, video, digital files, software, or in other formats (collectively, “Submissions”). MOBIXAS B.V. does not endorse any Submissions that may appear on or through the Service and makes no warranties, express or implied, as to their accuracy and reliability. MOBIXAS B.V. expressly disclaims any and all liability in connection with any and all such Submissions.
If you are 16 years or older, or are an emancipated minor, you alone are responsible for your physical and financial safety when you post information about yourself on Brain-gymnastics, communicate with other members of Brain-gymnastics community, or otherwise access services provided by MOBIXAS B.V.. If you are under 18 years old and not an emancipated minor, both you and your parents or legal guardian are responsible for your physical and financial safety when you post information about yourself on Brain-gymnastics, communicate with other members of MOBIXAS B.V. community, or otherwise access services provided by MOBIXAS B.V..
You are solely responsible for your interactions with other Brain-gymnastics members. MOBIXAS B.V. reserves the right but has no obligation, to monitor disputes between you and other members, and to take any action that Brain-gymnastics, in its sole discretion, deems appropriate including but not limited to terminating the member account of any or all parties to the dispute.
When you provide Submissions to Brain-gymnastics, you still retain all of your rights of ownership in your Submissions. However, by uploading, posting, or otherwise transmitting your Submissions on or to Brain-gymnastics, you grant MOBIXAS B.V. (and its successors) a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store, and reproduce such content for personal use, as permitted by the Service and under these Terms of Service. _Other than Submissions you provide to Brain-gymnastics all content, software, scripts, images, graphics, audio, video, and other materials in any form (collectively, “MOBIXAS B.V. Content”) are protected by copyrights, trade, or service marks, patents or other proprietary rights and are owned by or licensed to MOBIXAS B.V., subject to intellectual property rights under United States and international laws and conventions. You understand and agree that all MOBIXAS B.V. Content is provided to you solely on an AS IS basis for your personal use only and may not be copied, reproduced, distributed, broadcast, displayed, sold, licensed, or otherwise used or exploited for any purpose and in any manner without the prior written consent of Brain-gymnastics or the respective owners. MOBIXAS B.V. reserves all rights not expressly granted to you. If you download, print, or display any MOBIXAS B.V. Content for personal use, you must retain all copyright and other proprietary notices.
When you provide any Submissions to MOBIXAS B.V., you understand and accept complete responsibility for your Submissions, including any and all consequences that may arise. As such, you represent and warrant that you:
• own or have secured all necessary licenses, rights, consents and permissions for such Submissions and authorize MOBIXAS B.V. to make use of these Submissions in the manner contemplated by the Service and these Terms of Service; and
• have explicit permission, such as a signed, written consent and/or release from every person that may appear within the Submissions for MOBIXAS B.V. to use the Submissions, including the names and likeness of those persons, in the manner contemplated by the Service and these Terms of Service. __ Prohibited Content Submissions.__ You may not create a user name, post, upload, email or otherwise transmit to MOBIXAS B.V. Submissions of any kind that is, within the sole discretion of MOBIXAS B.V., determined to be commercial, illegal, offensive or potentially harmful to others including but not limited to content that:
• infringes upon the rights of any third party, including but not limited to copyrights, trademarks, patents, trade secret, design rights, moral rights or other third-party proprietary rights, including privacy and publicity rights;
• promotes the infringement of copyright or other third-party rights, e.g., providing a list of hyperlinks to websites that contain pirated software or media files, hacking/cracking, etc.;
• contains software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy or alter the functionality of any computer software or hardware or telecommunications equipment owned by another party;
• is offensive, abusive, threatening, harassing, stalking, promoting violence or racism or harm or hatred or bigotry against any group or individual; • is libelous or defamatory or promotes information that you know is false or illegal;
• violates the privacy of others, including but not limited to posting the photograph of another person without that person’s consent; • solicits information from anyone under 18;
• provides any telephone numbers, street addresses, last names, URLs or email addresses; • is obscene, vulgar or contains profanity (whether or not such is masked, e.g. M_B);
• is pornographic or sexually explicit or contains nudity;
• exploits or attempts to exploit people in a sexual or violent manner;
• disparages MOBIXAS B.V. or any third party;
• is or contains an advertisement, a marketing initiative, solicitation of a business, or otherwise significantly connected with any commercial purpose;
• involves the transmission of any unsolicited mass mailing including but not limited to “junk mail”, “chain letters” and “spam”;
• contains restricted or password-only access pages;
• contains video media or files that are longer than 10 minutes in duration or audio media or files that are longer than 30 seconds in duration;
• sells, promotes, or encourages the use of beer or hard alcohol, tobacco or related products, prescription drugs, narcotics or drug paraphernalia, replicas or imitations of designer goods, weapons (including firearms, ammunition, brass knuckles, throwing stars, knives, etc.), gambling or casino-related content;
• is unlawful or illegal, criminal or tortuous in nature (such as child pornography, fraud, gambling);
• is otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
In addition, agree to adhere to all of the following guidelines and requirements:
• No Commercial Use. The Service is only for personal use of its members only and may not be used in connection with any commercial endeavors unless explicitly approved by MOBIXAS B.V. in writing. You may not place or transmit commercial advertisements, affiliate links, or any other forms of solicitation on Brain-gymnastics, including within personal member profiles, without the explicit written authorization of MOBIXAS B.V.;
• No Data Harvesting or Mining. You may not perform or cause to be performed any automated system, including but not limited to “robots”, “spiders”, “offline browsers” or any other data harvesting activity or screen scraping, nor may you cause more requests to be made of the Service than could reasonably be made by a human manually operating a web browser;
• No Unsolicited Mailing or Marketing. You may not post, upload, email or otherwise transmit to or otherwise cause MOBIXAS B.V. to email, transmit or otherwise distribute chain letters, surveys or studies, solicitations, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes.;
• No Solicitation or Provision of Personal Information. You may not use the Service in connection with any effort to solicit passwords or personal information from any user of the Service under the age of 16, or to obtain any telephone numbers, street addresses, last names, URL’s or email addresses; • No Unauthorized Manipulation of the Service. You may not in any way (i) manipulate identifiers or forge headers in order to disguise the origin of any content, communication or digital media transmitted through the Service, or (ii) obscure, cover, or otherwise conceal any advertisements served by or for MOBIXAS B.V. that may appear on your personal member page or any page on MOBIXAS B.V. via HTML, CSS, Javascript or any other means, or (iii) circumvent, disable or otherwise interfere with any security measures which may limit, restrict or prevent use or copying of any Submissions or enforce limitations on the use of the Service, or (iv) deceptively manipulate content, such as to improve page rank in search engines, including excessive, repetitive, or irrelevant keywords in the content or code of web pages, etc.;
• No Impersonation or Fictitious Profiles. You may not impersonate any other person or entity (whether actual or fictitious), otherwise create a profile that provides any fictitious or false information, including but not limited to a false age, or falsely represent an association with another person or entity without the explicit authorization of such person or entity;
• No Sale or Transfer of Profiles. You are strictly prohibited from selling or otherwise transferring your profile; and
• No Unauthorized Linking or Framing. Should you wish to link to MOBIXAS B.V., you agree that you: (i) will not replicate the Service’s content; (ii) will not frame or border environment around any of the Service’s content; (iii) will not misrepresent any relationship with MOBIXAS B.V. or imply that MOBIXAS B.V. is connected to or endorses your products, services or other offerings; (iv) will not have disparaging content or misinformation about MOBIXAS B.V. on the linking website or source; (v) will ensure the linking website will not contain any content that is unlawful, may be reasonably considered defamatory, vulgar, pornographic, or in derogation of MOBIXAS B.V. ‘s own content submissions policy. Despite these prohibitions, Submissions and/or websites that link to MOBIXAS B.V. that may violate these Terms of Service may be available on the Service and MOBIXAS B.V. assumes no responsibility or liability. If you become aware of such Submissions, please contact MOBIXAS B.V. by clicking the “Report Abuse” link on the appropriate web page.
Provided with proper notification and documentation, MOBIXAS B.V. will remove any Submission that infringes upon the intellectual property rights of another and reserves the right to remove any Submission without prior notice. MOBIXAS B.V. assumes no responsibility for monitoring the Service. In the event MOBIXAS B.V. chooses to review any Submission (such review is solely within MOBIXAS B.V.’s discretion), MOBIXAS B.V. assumes no responsibility for the Submissions or any obligation to remove any inappropriate Submissions or any responsibility for the conduct of a member submitting inappropriate Submissions. At its sole discretion, MOBIXAS B.V. may remove any Submission and/or terminate a member’s account for violating any of these Terms of Service at any time and without notice. MOBIXAS B.V.** will terminate a member’s account who is determined to have been notified of infringing activity multiple times and/or has had a Submission removed from the Service multiple times for infringing activity **. MOBIXAS B.V. reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Service or violation of the Terms of Service.
If you believe in good faith that any material provided through the Service infringes upon your copyright, you may send notice to MOBIXAS B.V. requesting that the material or access to the material be removed, pursuant to the Digital Millennium Copyright Act (“DMCA”), by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) and http://www.loc.gov/copyrightfor further details). The notice must include all of the following:
1. an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner;
2. sufficient identification of the allegedly infringing material;
3. sufficient information as to the location of the allegedly infringing material so that it may be found and identified;
4. the complainant’s name, address, telephone number and, if possible, email address;
5. a written statement by the complainant of a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. a statement by the complainant, under the penalty of perjury, that the information in the notification is accurate, and under penalty of perjury, that the complainant is the owner or is authorized to act on behalf of the owner of the copyright that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send MOBIXAS B.V. a counter-notice. All notices with respect to MOBIXAS B.V. should be sent to the MOBIXAS B.V. Copyright Agent. MOBIXAS B.V. suggests that you consult your legal advisor before filing a notice or counter-notice. You expressly acknowledge and agree that MOBIXAS B.V. shall not be liable to you under any circumstances for declining to replace material. Also, be aware that there can be penalties for false claims under the DMCA. Any request, feedback or comments should be sent directly to MOBIXAS B.V.: [email protected]
You expressly agree that use of the service is at your sole risk and that the service is provided on an “as is” and “as available” basis. Mobixas B.V., its affiliates, and their officers, directors, employees, and agents (hereinafter “Mobixas B.V.”) disclaim all warranties, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. Mobixas B.V. makes no warranties or representations about the accuracy or completeness of the content provided on or via the service and Mobixas B.V. assumes no liability or responsibility for any (i) errors, omissions or inaccuracies of content or submissions, (ii) personal injury or property damage of any nature resulting from your access to and use of the service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information that may be contained therein, (iv) any deletion of data or interruption or discontinuence of transmission to or from or through the service, (iv) any bugs, viruses, trojan horses, malicious code or the like which may be transmitted to or through the service by any user or third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content or submissions that may be uploaded to or otherwise made available through the service. Mobixas B.V. is not responsible for any content or transactions that is contained or may be available outside the service. Mobixas B.V. makes no representations, warranties, guarantees, or any endorsements as to the quality, suitability, functionality, or legality of any products, services, or other offerings that may be advertised or made available by a third party through the service or which may be linked to the service such as in advertising or a submission. Accordingly, Mobixas B.V. will not be a party to or in any way be responsible for any transaction that may occur between you and such third parties and you should always use prudent judgment and read the privacy policies on websites of such third parties. Mobixas B.V. reserves the right to change any and all content, software, and other items used or contained at Mobixas B.V. and any services and applications offered through the Mobixas B.V. site at any time without notice.
In no event shall Mobixas B.V. be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit damages arising from your use of the service in any manner, even if Mobixas B.V. has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Mobixas B.V. for the service during the term of membership. You specifically agree and understand that Mobixas B.V. is not liable to you for any submissions or the defamatory, offensive, or illegal conduct of any third party and that you alone accept such risk of harm.
You agree to defend, indemnify and hold harmless the MOBIXAS B.V. from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
You agree that the Service provided by MOBIXAS B.V. shall be deemed solely provided and based in Cyprus, and that the Service shall be deemed a passive online site that does not give rise to personal jurisdiction over MOBIXAS B.V., either specific or general. Any dispute that arises between you and MOBIXAS B.V. shall be governed by the laws of The Netherlands, without regard to conflict of law provisions, and you agree to exclusive personal jurisdiction and venue. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MOBIXAS B.V. without restriction. Should any provision of these Terms of Service be invalidated by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No presumptions shall be made against the drafter of this agreement. These Terms of Service, together with the Privacy Notice and any other legal notices published by MOBIXAS B.V. on the Service, shall constitute the entire agreement between you and MOBIXAS B.V. regarding the Service. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MOBIXAS B.V.’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. You and MOBIXAS B.V. agree that any cause of action arising out of or related to the service must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred. Please contact us at MOBIXAS B.V. should you have any questions regarding these Terms of Service. Ombudsman Services: Communications http://www.ombudsman-services.org/communications.html Communications and Internet Services Adjudication Scheme’ (CISAS) http://www.cisas.org.uk/
