Last updated March 21, 2020
Welcome to BrainGymmer.com
We may from time to time without notice revise or update the terms and conditions. If we update or revise the Terms, we will notify you of this via e-mail to your most recent email address specified or by placing the updated or revised Terms and Conditions on the website. After such update or revision constitutes your agreement to follow and be bound by the Terms as updated or revised. You can use the most current Terms and Conditions at any time request by clicking on the "Terms" link at the bottom of the homepage of the site. It is your own responsibility to periodically review the Terms and Conditions.
If you breach the Terms, we may proceed to cancel all accounts you have set up on the Site (your "Account (s)"). You acknowledge that the company is not required in this case to inform you prior to your account(s) being terminated.
Contents of the site
You are informed that all materials displayed or performed on the Site, including but not limited to: text, graphics, games, applications, news articles, photos, images, illustrations, audio and video clips, collectively the "content" or "content” are our intellectual property, and therefore are protected by copyright and/or trademark law, under Dutch law, international treaties and other laws. The site and its contents may only be used in accordance with the Terms. It is not allowed to modify all or part of the site's content, software, materials or services, publish, transmit, participate in the transfer or sale of, reproduce (except as otherwise provided in the General Conditions), create derivative works based on, distribute, perform, display, or exploit in any manner whatsoever.
You will abide by all copyright notices, information, and restrictions contained in the content accessed through the site. You get access to content, and other items displayed on the Site solely for personal use. You may not save the contents in any form whatsoever, unless otherwise expressly permitted on the site. Downloading, copying or saving of any content is expressly prohibited without the prior written consent of the Company or other copyright owners who can be identified in advance the copyright of such content. Your use or access of the Site does not grant you any rights in or on the intellectual property of the Company or third party.
You agree not to crack the site, software or content. You understand that all patterns, logarithms, algorithms, models, and data in the system, the games and the servers, the Company's confidential information and "trade secrets" are as legally defined.
When you complete registration, you are officially a BrainGymmer User. Your account gives you access to certain content and offerings on the site. You are required to give the Company accurate, complete and updated registration information. Otherwise, this counts as a violation of the Terms, which can result in immediate termination of your account(s).
The User may not (I) select or use the name of another person as a BrainGymmer username with the intent to impersonate that person or (II) use a name as a username on BrainGymmer for which rights are owned by a person other than the User without their permission. The Company reserves the right to refuse registration or cancel a user at its discretion. The user is solely responsible for maintaining the confidentiality of the password for the Users account (s).
You are solely responsible for all activity on your account (s) and for the security of your computer systems. You agree to indemnify the Company for improper or illegal use of your account (s), including but not limited to illegal or improper use by someone who is authorized to your account (s) to use. Your account (s) is/are subject to termination if you or someone else using your account (s) is in violation of the Terms.
When you decide to register to use the Site and Services, you agree to receive periodic newsletters and other email communications from the Company, including support issues, new product offerings, and other topics. You can choose to opt-out from a certain newsletter or other parts of our email correspondence, but the Company reserves the right to at any time send an email on matters relating to your account and your use of Site and Service.
In return for your agreement to the Terms, the company grants you a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to access and make personal use of the site and content subject to the terms and conditions put in the Terms of Service or other conditions contained on the site.
Payment fee and trials
The agreement is concluded at the moment the User accepts the offer and the corresponding conditions. The User pays the applicable fees as described on the site in connection with the services selected by the User. The costs of the services are clearly stated on the Upgrade Page / Payment page on the BrainGymmer website. The Company reserves the right to change its price list at any time. User can pay the payment using the payment methods offered on the website, such as iDeal, PayPal or a valid credit card that is in Users name or for which you are authorized to use it for such purposes. After completing the payment you will immediately receive a confirmation by e-mail.
Access to the service
Subject to these Terms, the company can provide specified services selected by Users through the process on the Site solely for Users personal use and not for use of third parties. Services include, but are not limited to, all services that the Company performed for the User, as well as offering content on the site. The Company's services may change, suspend or discontinue at any time, including the availability of a feature, database, or content. The Company may also impose limits on certain features and services or the Users access to parts or all of the Services without notice or liability.
User states that if the User is an individual (not an entity), the User is at least 18 years. User also certifies that if User is an entity, all the users of that entity are at least 18 years old. Similarly, if User is an entity, you represent that you are authorized for the account(s), the establishment of access and use of the Site and enter and pay for Users in the name of the User. You also agree that it is legal for you to use the Services and you go to the site, and you take full responsibility for the selection and use of the Services and access to the site. The Terms are void where prohibited by law, and the right to access the Site and Services can be revoked in such jurisdictions.
User is responsible for obtaining and maintaining all equipment and related services needed to connect to or access the Site or otherwise using the Services, including, without limitation, computers, modems, routers, hardware, software, Internet services and telephony services. Users own responsibility to ensure that such equipment or ancillary services are compatible with the Services.
Termination and return
You can cancel and terminate the service anytime by logging in to your account and your account details. Or by simply clicking here you can also send an email to firstname.lastname@example.org.
Effect of termination
Upon termination of Users Account (s), we immediately have the right to end all services. All provisions of the Terms which by their nature are to survive termination will survive termination, including, without limitation, ownership provisions, disclaimers of liability, fees, medical disclaimers, limitations of liability and miscellaneous.
Links to other websites and services
This site contains links to other websites. The Company makes no representations about these websites and is not responsible for these websites, and has no control over the availability, accuracy, reliability, content, associated links, privacy and security practices, resources or services related to a third party site. You agree that the Company is not liable for any loss or damage of any kind in connection with your use of third-party content. Links and access to these sites are provided for your convenience and if you choose these other sites, you acknowledge that you voluntarily submit to all risks.
User is responsible for all its activities relating to the Services and access to the site. Any fraudulent, abusive, illegal or otherwise undesirable activities are grounds for termination of Users right to services or access to the Site. User shall not post any password, account or private information from another participant.
To the maximum extent permitted by the law designates the company, its subsidiary and parent companies, affiliates, employees, directors, expressly disclaim all liabilities and warranties, express or implied, about the website, including but not limited to, warranties of merchantability, and fitness for particular purpose, or non-infringement. The user acknowledges that use of the site and the services and content made for his / her own risk and that the services, content, site and software used on "AS IS" basis without any warranty, express or implied.
The company provides the site on a commercially reasonable basis and can not guarantee that you can access the site. The information and services errors, inaccuracies, problems or other restrictions. You acknowledge that use of the Site and Services are at your own risk and that the company is not responsible for any damage arising from your access to (or loss of access to or loss of use) the Site, including without limitations any damage to your computers or data.
You expressly acknowledge that you have no right, based on property or otherwise, to acquire all data created by or generated by your access to or use of the Site and/or services. You acknowledge that there is a risk of data loss, including catastrophic disk failures that can lead to loss of data. You agree that the Company will not be responsible for any damages resulting from such loss.
Limitation of liability
In no event shall the company, its subsidiaries or parent companies, officers, affiliates and / or employees be liable in respect of the Website or the services (I) an amount in total that is higher than the return from the User before, (II) lost profits, lost data, or failure to fulfill an obligation, but not limited to good faith and reasonable care, if followed by your access to or use of the website and services, or (III) any indirect, incidental, special, moral or consequential damages of any kind. The company is not liable for any third-party service or product offered through the site and will not be partly or in any way responsible for controlling transactions between you and third-party products or services
You acknowledge that this limitation of liability is a reasonable allocation of risk is a fundamental element of the basis of the agreement between you and the company. You acknowledge that the Site and the Services are provided without restrictions.
You acknowledge and agree that it would be difficult to determine the exact amount of damages that business would suffer as a result of the theft of the contents, especially if the stolen content is used for commercial use on a website or another digital medium.Therefore you agree that, in case you steal content, copy or otherwise used without permission or obscuring, the Company is entitled to a compensation that you meet in the amount of five thousand euros (EUR 5,000.00) per image or picture, and twenty thousand euros per game (EUR 20,000.00), by exercise or application that is stolen, copied without authorization or otherwise misappropriated. You agree that this amount is a reasonable, minimal estimate of the loss company would suffer, but in no way a limitation of the actual damage, if it is pursued by the Company. Any action of the company to implement this section shall not be seen as taking away the right of the Company, at the discretion of the company to any and all forms of recovery available under this Agreement or the law.
You acknowledge and agree that any actual or threatened violation of this Agreement or infringement of proprietary or other rights of third parties can irreparably harm the Company and the Company may be a provisional arrangement without any further proof of irreparable harm or injury.
User shall indemnify the Company, its parents, subsidiaries, affiliates, officers and / or employees and sets compensation, including paying the costs and attorneys' fees, from any claim or demand made by third party sources from and arising out of Users access to the Site, use of the Services, the violation of the Terms and Conditions by User or the infringement by User or any third party using the Users account (s) of any intellectual property or other right of a person or entity.
The products and services and other content available on the site are not to attempt to practice medicine or provide specific medical advice. Use of this site is not to establish a doctor-patient relationship. Any medical information and links on the Site, whether by the Company or by contract outside vendors, is provided for your convenience.Additionally, the Site may contain links to external websites. Talk to your doctor.
Use of the blog
By posting a message, uploading a file, or engaging in any other form of communication via the blog or site, you grant the Company a perpetual, royalty-free, irrevocable right and license to use such a plan, idea, possibilities , messages, files or communications to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly publicly display, perform, sublicense, create derivative works, transmit and sell. You also agree to the following rules relating to your use of the blog portion of the site:
• Not Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
• You will not impersonate any person or organization, including, for example, an employee of the Company, a site manager, or falsely state or otherwise misrepresent your relationship with a wrong person or entity.
• not to post material that is inappropriate, defamatory, infringing, obscene or indecent messages. This includes any content that any patent, trademark, trade secret, copyright or other proprietary rights of any party violates. You agree that you clarify when you quote or paraphrase others with materials owned by others.
• You will not upload files that could contain any viruses, corrupted files, or any other similar software or programs that may be detrimental to the operation of another's computer.
• competitions you will not perform, distribute chain letters, or perform "pyramid schemes" or "multi-level marketing programs."
• you will not applicable local, state, national or international law violation in connection with your use of the blog.
If you suspect the abuse of the rules above, you can express your concerns in a message to email@example.com.
Without limiting other uses prohibited elsewhere in this Agreement, you are prohibited from any security feature of the Site or Services to violate, including but not limited to, the following types of violations:
(A) access content or data not intended for you or logging into a server or account you are not authorized to access;
(B) seek the vulnerability of the Services to investigate or in connection with this testing system or network or to breach security or authentication without proper authorization;
(C) interfering with service to any user, host or network including, without limitation, via means of submitting a virus to the Site or the Services, overloading, "flooding", "spamming", "mailbombing", or "crashing";
(D) use of the Site or Services to send unsolicited e-mail, including, without limitation, promotions or advertisements for products or services;
(E) forging any TCP / IP packet header or any part of the header information in an e-mail or a posting in the use of the Services, or
(F) trying to modify, reverse engineer, decompile, disassemble or otherwise attempt to reduce to a human-perceivable form of the source code used by the Company in providing the Site or Services. Any violation of system or network security may subject you to substantial civil and/or criminal liability.
Any disputes will be resolved in the country of operation
Identity of the company
Dezzel Media B.V. trading under the name: BrainGymmer
Address: Weteringpad 7
3762 EN Soest
Company registration: 39082402
VAT number: NL813053158B01