Effective Date: April 15, 2023
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By accessing or using Brainga Trivia (the "Site"), operated by Brainga ("we," "us," or "our"), you agree to be bound by these Terms of Use ("Terms") and our Privacy Policy, incorporated herein by reference. If you do not agree to all of these Terms, do not access or use the Site.
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes, we will provide notice of such changes, such as by updating the "Effective Date" above and/or posting a notice on the Site. Your continued use of the Site following the posting of changes will confirm your acceptance of the revised Terms.
The Site provides a platform for users to play trivia games, take personality quizzes, and engage with various interactive content. Users can track their scores, participate in leaderboards, and share their results with others.
Registration: You may need to register for an account to access certain features, such as saving game progress or participating in leaderboards. You agree to provide accurate, current, and complete information during registration and keep your account information updated.
Security: You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.
Eligibility: You must be at least 13 years old (or the age of legal majority in your jurisdiction) to create an account or use the Site.
Responsibility: You are solely responsible for all content, including comments, information, and messages ("User Content") that you upload, post, publish, display, or email via the Site.
Prohibited Conduct: You agree not to use the Site to:
License to User Content: By posting User Content on the Site, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating and providing the Site and for our promotional purposes, in any media formats and through any media channels. You represent and warrant that you have all rights necessary to grant this license.
Our IP: The Site and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Brainga and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
User Content: As noted above, you grant us a license to use your User Content. You retain ownership of your User Content, subject to the license granted.
"As Is" Basis: THE SITE AND ALL CONTENT (INCLUDING USER CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
No Guarantee of Accuracy: WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT AVAILABLE THROUGH THE SITE. YOU RELY ON SUCH INFORMATION SOLELY AT YOUR OWN RISK. THE SITE MAY CONTAIN OPINIONS AND VIEWS OF OTHER USERS; WE DO NOT ENDORSE THESE OPINIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRAINGA, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE OR ANY CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
You agree to defend, indemnify, and hold harmless Brainga, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Content, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms. If you wish to terminate your account, you may simply discontinue using the Site or contact us. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law provisions.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in California, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.
Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Brainga regarding the use of the Site.
Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction.
Questions about the Terms of Use should be sent to us at:
Brainga
[email protected]