You affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed this Agreement with your parent or guardian and he or she assents to these Terms of Service on your behalf and takes full responsibility for your compliance with them. You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service
The Terms of Service govern your use of Mensa Brain Training and constitute an agreement between you and Barnstorm Games.
Barnstorm Games grants you a personal, limited, non-exclusive license to use Mensa Brain Training, including, but not limited to, text, graphics, games, software and images (collectively “Content”) to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to Mensa Brain Training accessed by you. Content and all other intellectual property rights in or on Mensa Brain Training as well as the products and services offered through Barnstorm, are owned by Barnstorm Games or Barnstorm Games' third party licensors and is protected by United Kingdom, United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
You may not copy or download any Content unless you are expressly authorized to do so. In addition, unless expressly authorized by Barnstorm Games, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content. Any commercial use is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to Mensa Brain Training you are using.
Barnstorm Games reserves all right, title and interest in Content and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service. Your permitted use of Content described above is limited by the intellectual property rights of Barnstorm Games and does not include any rights to other patents or intellectual property. Making unauthorized copies or distribution of Content may result in the termination of your Account(s) and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless Barnstorm Games from any unauthorized or illegal conduct by you, or through the use of your Account.
Barnstorm Games may find it necessary to update Mensa Brain Training. These updates may affect gameplay and other features of Mensa Brain Training. Barnstorm reserves the right to make these updates and will not be liable to your for these changes.
We provide you a personal, non-exclusive, limited license to access and make personal and non-commercial use of Mensa Brain Training, subject to the Terms of Service. You may not sub-license, or charge others to use Mensa Brain Training. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works of Mensa Brain Training.
You may violate the Terms of Service if, as determined by Barnstorm Games in its sole discretion, you:
YOU AGREE THAT USE OF MENSA BRAIN TRAINING IS AT YOUR OWN SOLE RISK AND THAT MENSA BRAIN TRAINING AND CONTENT IS PROVIDED ON AN “AS IS” BASIS; WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BARNSTORM GAMES AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING MENSA BRAIN TRAINING, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
BARNSTORM GAMES MAINTAINS MENSA BRAIN TRAINING ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL HAVE ACCESS TO MENSA BRAIN TRAINING. MENSA BRAIN TRAINING MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. YOU WILL NOT HOLD BARNSTORM GAMES RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF (OR LOSS OF ACCESS TO OR LOSS OF USE OF) MENSA BRAIN TRAINING, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR DEVICES, OR DATA. EXCEPT AS PROVIDED IN THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHT, BASED IN PROPERTY OR OTHERWISE, TO ANY DATA CREATED THROUGH OR GENERATED BY YOUR ACCESS TO OR USE OF MENSA BRAIN TRAINING.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BARNSTORM GAMES AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO MENSA BRAIN TRAINING FOR (I) ANY AMOUNT IN EXCESS OF THE FEES PAID YOU FOR MENSA BRAIN TRAINING; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF MENSA BRAIN TRAINING; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. BARNSTORM GAMES DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH MENSA BRAIN TRAINING AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
You agree to indemnify and hold harmless Barnstorm Games, its parents, subsidiaries, affiliates, officers and/or employees (“Barnstorm Games Indemnified Parties”), from all liabilities, claims and expenses, including attorneys' fees, that arise from or relate to a breach of these Terms of Service for which you are responsible including for any improper or illegal use of your Account, and including the illegal or improper use of your Account by someone to whom you have given permission to use your Account.
You have the right to cancel your Account at any time. If you do not agree to the terms in this Terms of Service, your sole remedy is to not use the Mensa Brain Training and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with Barnstorm Games, including any dispute related to, or arising out of: (1) any term of this Terms of Service, or Barnstorm Games ' enforcement or application of this Terms of Service; (2) the Content available through Mensa Brain Training or any change in Content provided by Barnstorm Games; (3) your ability to access and/or use Mensa Brain Training and/or any Content thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods; or any change to the fees, applicable taxes, surcharges or billing methods for Mensa Brain Training and/or any Content thereon.
Contact firstname.lastname@example.org to cancel your Account.
(a) Severability and Waiver. If any part of the Terms of Service is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. A waiver by either party of any term or condition in the Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
(b) Governing law and jurisdiction. Except to the extent otherwise required by applicable law these Terms of Service, Mensa Brain Training and any related dispute or claim (contractual or non-contractual) shall be governed by, and interpreted in accordance with, the laws of England and Wales and subject to the exclusive jurisdiction of the English courts. We reserve the right to bring any action(s) in any other court(s) of competent jurisdiction.