Terms & Conditions


Last updated September 17, 2014
 
Welcome to BrainGymmer.com The web pages available on www.braingymmer.com and all subdomains thereof (the "Site") are owned and operated by Dezzel Media BV (The "Company", "Company, "us", "we" and "our"), a company in Baarn,  Netherlands, and are accessed by you or your representatives, employees, or beneficiaries (the "Subscriber", "user", "you" or "your") under the following conditions. All of our programs, games and services (as detailed on the site) (the "Services") are governed by the Terms and Conditions (the "Terms" , the "Terms" or the "Agreement"). You acknowledge by use of the service you  are at least 18 years old and that you are legally authorized to undertake this agreement. This is a legally binding agreement. If you do not understand this agreement, or disagree with the agreement or the privacy policy, please exit this website immediately and not use the services.

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 pm 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 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 ") 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 all or part of the site's content, software, materials or services to modify, 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, of the site, 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 attempt the site, software or content to crack. 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.

REGISTRATION.
When you complete registration, you are officially a member and subscriber of BrainGymmer.Your membership 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 subscriber may not (I) select or use the name of another person as a BrainGymmer  usernamer with the intention 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 subscriber without permission. The Company reserves the right to refuse registration, or cancel a user at its discretion. Subscriber is solely responsible for maintaining the confidentiality of the password for the Subscribers 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) in violation of the Terms.

CONSENT e-mail.
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 part 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.

LICENSE.
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.

Subscription fees, payment and trial memberships.

The contract is concluded at the time of the consumer accepts the offer and meet the corresponding conditions. Some of the services require payment of a fee. Subscriber shall pay all applicable fees, as described on the site in connection with such services selected by Subscriber. The Company reserves the right at any time to modify its price list and new taxes to calculate, and the subscriber of this ten (10) days in advance to notify you by email or by posting a message on the site. Use of the Services by Subscriber following such notification constitutes Subscriber's acceptance of new or amended charges or other changes. If such new or increased costs or other changes onacceptable for you, you can cancel your subscription at any time through access to the "My BrainGym" link on the site. However, the company has no obligation to repay any fees that have accrued on your account (s) prior to cancellation. In addition, the company does not prorate charges for a subscription charge.
Fees can be based on single or subscription payments, as more fully described on the site. You can pay the subscription fees to the payment methods offered on the site as ideal, direct debit or a valid credit card on your own name or for which you are authorized to use them for such purposes. Subscription fees paid by credit card are automatically renewed unless you cancel your subscription prior to the start of the following applicable period for which the corresponding subscription. For each month that your subscription is active, you acknowledge and you agree that the Company or your account or credit card for that subscription. You agree that you notify the company immediately of any changes concerning your bank account or credit card, while all subscriptions remain.
You are responsible for all applicable fees and charges, including applicable taxes, and all subscriptions by you or someone has used your account (s), including your family or friends.
From time to time, we offer a free trial or other promotions. If you accept a free trial or a promotion, we start taxing your bank account or credit card after the free trial or the terms and conditions set put into the promotion. If you do not wish to be taxed, you must cancel your account (s) prior to the end of the trial period or in accordance with the rules regarding the promotion.

ACCESS TO THE SERVICE.
Subject to these Terms, the company can provide specified services selected by Subscriber through the process on the Site solely for Subscriber's personal use and not for use or for third parties. Services include, but are not limited to, all services that the Company performed for the subscriber, 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 Subscriber's access to parts or all of the Services without notice or liability.
SUBSCRIBER states that if the Subscriber is an individual (not an entity), the subscriber at least 18 years. Subscriber also certifies that if Subscriber is an entity, all the users username and password from the Subscriber at least 18 years old. Similarly, if Subscriber is an entity, you represent that you are authorized for the account (s), establishment of access and use of the Site and enter and pay for subscriptions in the name of the Subscriber. You also agree that it is legal for you to use the Services and you go on 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.
Subscriber 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. Subscriber's own responsibility to ensure that such equipment or ancillary services are compatible with the Services.

TERMINATION & RETURN
You can use the services in whole or in part beëindigente any time to cancel within your "My BrainGym" link or by sending an email to support@braingymmer.com. The Company is also the services and access to the Site terminate or suspend immediately and without prior notice or liability, if the subscriber does not comply with the Terms and Conditions. Any fees paid or payable to the Company in this context are not refundable.
Effect of termination.
Upon termination of Subscriber's Account (s), we immediately have the right of the Subscriber to the service tasks, and access to the site and all contents as stipulated in the General Conditions. 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 WEB SITES AND SERVICES.
This site contains links to other websites. The Company makes no representations about these websites 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 and all risks.

RESTRICTIONS.
Subscriber 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 Subscriber's right to services or access to the Site. Subscriber shall not post or transmit any communications that are designed or intended password, account or private information from another participant.

WARRANTY.
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 noninfringement. 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 dienstne errors, inaccuracies, problems or other restrictions. You acknowledge that the Site and Services 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 limitation any damage to a of your computers or data.

You expressly acknowledge that you have no right, based in 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 is higher than the return from the Subscriber 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 party to 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.

Indemnity.
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.
Irreparable damage
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.
 
INDEMNIFICATION.
Subscriber 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 Subscriber's access to the Site, use of the Services, the violation of the Terms and Conditions by Subscriber or the infringement by Subscriber or any third party using the Subscriber's account (s) of any intellectual property or other right of a person or entity.
Medical disclaimer.
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 occur.
• 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 performing "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 above rules, you can express your concerns in a message to: info@braingymmer.com

Prohibited Uses.
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", "mail bombing", or "crashing";
(D) use of the Site or Services to send unsolicited e-mail to stureeen, 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.

PRIVACY POLICY.
The privacy policy of the company is hereby incorporated by reference into the Terms and Conditions. You should read the privacy policy by clicking here.
Copyright.

Identity of the company

Dezzel Media B.V.  trading under the name; BrainGymmer
Adress: Wisselweg 33, 1314CB, Almere, The Netherlands
Tel: +31367116158

Company registration: 39082402 

VAT number: NL813053158B01