Brain People, Inc.

Effective Date: July 1, 2015

TERMS OF USE

These Terms of Use (“Terms”) govern your access to and use of the Brain People Website (as defined below), Apps (as defined below) and the Products (as defined below). In addition, these Terms govern all purchases made through the Services (as defined below). In addition to these Terms, your access to and use of the Services are governed by the Brain People Privacy Policy, which can be found at https://www.brain-people.com/privacy-policy/ (the “Privacy Policy”), and which is incorporated into these Terms by reference. Please read them carefully.

These Terms constitute a binding agreement between you and Brain People, Inc. (“Brain People,” “we” or “us”). BY ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

Brain People reserves the right to revise these Terms at any time, at its sole discretion and with or without notice, by posting an updated version to http://www.brain-people.com/terms. You should visit this page periodically to review the most current Terms. By continuing to access or use the Services after updated terms have been posted, you agree to be bound by the updated Terms. Certain portions of the Services or Products may have additional terms and conditions and may require you to agree to such terms and conditions.

DEFINITIONS

  • “App(s)” means the Brain People iPad and/or iPhone application, available for download from Apple, Inc. and any other software application made by Brain People for use on a mobile device or tablet computer.
  • “Content” means all content contained in the Website or the Apps, including all text, images, audio content, videos, designs, graphics, information, logos, downloadable content, software, and any other content contained therein and all patents, copyrights, trademarks, service marks, intellectual property and/or other proprietary information of Brain People.
  • “Product(s)” means any products purchased from Brain People or through the Brain People Website.
  • “Services” means the all services provided by Brain People through the Website or the Apps and the Products.
  • “Brain People Website” or “Website” means any websites, web pages, and any subpages under Brain People’s control, whether partial or otherwise, including www.tangibleplay.com and any subpages.
  • “User,” you,” and “your,” means you and all individuals and/or entities on whose behalf you are accessing or using the Services for any reason.

ELIGIBILITY

While our Services are aimed to be used by children, our Users, purchasers and customers of the Services are the parents and/or guardians of these children and/or those over the age of 18. By accessing or using the Services, you represent and warrant to Brain People that (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent’s permission to access or use the Services, and your parent has read and agrees to these Terms on your behalf; (ii) all information you provide is accurate, current and complete; (iii) you will maintain the accuracy and completeness of such information; (iv) if you are accepting these on behalf of a company or other legal entity, you have the authority to bind that company or legal entity to these Terms. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

USAGE

You agree and warrant that you will not use the Services in a manner that is illegal or otherwise inconsistent with the Terms. In addition, you will not use the Services in a manner that Brain People, in its sole discretion, deems objectionable. Brain People reserves the right to restrict, suspend, or terminate your access to the Services at any time without notice for any reason.

You agree that you will only access the Services through the Website or the Apps.

You agree not to do any of the following:

  • attempt to decipher, decompile, disassemble or reverse engineer or otherwise hack the Services or any software used to provide the Services;
  • attempt to breach any security or authentication measures of the Services;
  • avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Brain People or any other third party to protect the Services or the Content;
  • use the Services or the Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
  • take any actions that damage or tamper with the Services;
  • interfere or attempt to interfere with other users’ use of the Services;
  • impersonate or misrepresent your affiliation with any person;
  • violate any applicable law of regulation; or
  • encourage or enable any other individual to do any of the foregoing.

Brain People will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Brain People may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Brain People has no obligation to monitor your access to or use of the Services or the Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Brain People reserves the right, at any time and without prior notice, to remove or disable access to the Services or any Content, that Brain People, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Services.

LIMITED LICENSE

Subject to your compliance with these Terms, Brain People grants you a limited, non-exclusive, non-transferable license to access and use the Services solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

Subject to your compliance with these Terms, Brain People grants you a limited non-exclusive, non-transferable license to download and install a copy of the Apps on a single mobile device or tablet computer that you own or control and run such copy of the Apps solely for your own personal use. Furthermore, with respect to any App downloaded from the Apple, Inc. App Store, you will only use such App (i) on an Apple-branded product that runs the iOS (operating system software provided by Apple) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Brain People reserves all rights in the Apps not expressly granted to you by these Terms.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, the Apps, the Services or the Content except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Brain People or its licensors, except for the licenses and rights expressly granted in these.

REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Users of the Website may post reviews, comments and other content to the Website, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Material which violates or infringes upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct constituting a criminal offense, gives rise to civil liability or otherwise violates any law will not be posted on or transmitted via the Website. We will not permit any conduct that, in Brain People’s judgment, restricts or inhibits others from using or enjoying the Website. Brain People reserves the right (but not the obligation) to remove or edit any such content, but does not regularly review posted content. Brain People has no ownership rights in any content that you may post and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit such content.

If you do post content you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and any of our sublicensees the right to use the name that you submit in connection with such content, if we or any of our sublicensees choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate and that use of the content you supply does not violate this policy and will not cause injury to any person or entity. Brain People has the right but not the obligation to monitor and edit or remove any activity or content. Brain People takes no responsibility and assumes no liability for any content posted by you or any third party.

While under no obligation to do so, we do attempt to respond to questions and comments submitted to us via e-mail that are not published on the Website. Although we value our Users’ feedback, please do not submit any proprietary information, suggestions or materials via e-mail or our website. We are not obligated to compensate you for such submissions, which will become the property of Brain People. By submitting such materials, you release your proprietary, intellectual property and all other rights.

PURCHASES THROUGH WEBSITE OR THE APPS

  1. Brain People shall deliver the Brain People Products once purchased to the place of delivery designated by you. If you choose to request any type of express or expedited courier or shipping services, you shall be responsible for all additional shipping fees. International orders may also involve customs, import duties or other charges which vary from country to country. You are solely responsible for any such additional charges. In addition, it is your responsibility to check with your local customs office to verify whether the country to which you are shipping permits the shipment of Products to you.
  2. Except where otherwise noted, the list price displayed for any Product represents the full price, less any applicable sales or tax, of the product, less any applicable sales or other taxes or other charges. Despite our best efforts, a small number of items in our catalog may be mispriced and, in the event of a mispricing, Brain People reserves the right to charge the correct price.
  3. Refunds and Exchanges.Brain People does not take title to returned or refunded Products until the Products arrive at the Brain People headquarters. You may return any Brain People Product within thirty (30) days of purchase if such Product is unopened, unused, and in its original condition for a full refund, less any applicable shipping or other charges. If you believe that you have received a faulty or broken Product from Brain People, please contact Brain People at info@brain-people.com. We will endeavor to exchange the Product for a new one; please note that we must receive your Product within fourteen (14) days of purchase and that the exchange is contingent upon our review and inspection of the Product. If you are returning a Product within the United States, Brain People will be solely responsible for all shipping costs for returns and exchanges. If you are returning a Product internationally, please contact Brain People at info@brain-people.com before you ship the Product. Please note that with international orders, you are solely responsible for all shipping costs for returns, exchanges, customs and import duties and such costs will be at your expense. Returns beyond the thirty (30) day period may be accepted by Brain People in Brain People’s sole discretion. We recommend you return the Products using a shipping method that is traceable and insured to protect your shipment.
  4. Brain People is not related to or affiliated with Apple, Inc. or Google, Inc.

INTELLECTUAL PROPERTY

The Services are protected under patent, copyright, trademark, and/or other laws of the United States and foreign countries. The Services and all Content are the property of Brain People or its licensors. The compilation, collection, arrangement, or assembly of all Content is the exclusive property of Brain People and is protected as well. Any code or software code that Brain People creates, generates or displays in the Services are also protected and you may not copy or adapt such code.

You may not modify, publish, transmit, create derivative works, or in any way exploit any of the Content of the Website. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material from the Website is permitted without express written permission from Brain People and any other copyright owner.

If any copying, redistribution or publication of copyrighted material is expressly permitted, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You shall be liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, downloading or submission. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Brain People without Brain People’s express written consent. You may not use any meta tags or any other “hidden text” utilizing Brain People’s name or trademarks without the express written consent of Brain People.

Apple, the Apple logo, Apple Store, and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.

DISCLAIMER OF WARRANTY

BRAIN PEOPLE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OR ANY PRODUCT WILL MEET YOUR REQUIREMENTS OR OPERATE OR BE AVIALABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS OR THAT THE SERVICES OR ANY SERVERS USED BY THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, YOU ARE SOLELY RESPONSIBLE FOR SUCH COSTS AND BRAIN PEOPLE SHALL NOT BE LIABLE FOR SUCH COSTS. THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BRAIN PEOPLE MAKES NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT ON THE SERVICES OR WITH REGARD TO THE PRODUCTS.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK OF USING THE SERVICES REMAINS WITH YOU AND IN NO EVENT SHALL BRAIN PEOPLE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE PRODUCTS, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BRAIN PEOPLE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL BRAIN PEOPLE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO BRAIN PEOPLE FOR USE OF THE SERVICES AND THE AMOUNTS YOU PAID FOR THE PRODUCTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BRAIN PEOPLE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNITY

You agree to defend, indemnify, and hold harmless Brain People, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, suits, proceedings actions, demands, liabilities, damages, losses or expenses, including without limitation reasonable legal and accounting fees, arising out of, resulting from or related to (i) your use of the Services or (ii) your breach of these Terms, including your representations and warranties herein.

TERM AND TERMINATION

These Terms (as updated) will remain in full force and effect for so long as you access or use the Services. Brain People reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to suspending, disabling or terminating your access to and ability to use the Services and/or any other services provided to you by Brain People, upon any breach by you of these Terms or any impermissible use or access of the Services or for any other reason in the sole discretion of Brain People. The provisions of these Terms will remain in effect even after you cease using the Services.

MISCELLANEOUS

  1. See the Privacy Policy or information and notices concerning Brain People’s collection and use of your personal information.
  2. Third-Party Websites and Content.The Services may contain links to third-party websites, advertisers, services or resources that are not owned or controlled by Brain People. Any such links are provided solely as a convenience and not as an endorsement by Brain People of the contents on such third-party websites. You acknowledge and agree that Brain People is not responsible for the content of linked third-party websites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party website or the security thereof. If you access any linked third-party websites, you do so at your own risk. You agree that Brain People shall not be liable for any loss of damage of any sort relating to your dealings with third parties.
  3. Commercial Use.You agree not to make any unauthorized commercial use of the Services.
  4. Access Outside the United States.Brain People makes no claims that the Services may be lawfully viewed, downloaded, used or accessed outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access Services, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
  5. Governing Law.These Terms are governed by the internal substantive laws of the State of California without regard to its conflict of laws provisions. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within the Northern District of California. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
  6. Additional Terms.If you purchase and/or use the Brain People App or any Brain People Product, additional terms apply and can be found here. Certain areas of the App may be subject to additional Terms. By using such areas, or any part thereof, you agree to be bound by the additional Terms applicable to such areas.
  7. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Brain People’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Brain People’s ability to enforce such term at any point in the future.
  8. You may not assign or transfer these Terms, by operation of law or otherwise, without Brain People’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Brain People may assign or transfer these Terms, in its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
  9. Entire Agreement.These Terms constitute the entire and exclusive understanding and agreement between Brain People and you regarding the Services and the Products, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Brain People and you regarding the Services and the Products.

If there are any questions regarding Brain People or these Terms, please contact Brain People at:

Brain People, Inc.
Rotterdam
Email: info@brain-people.com