BRAIN GAMES STUDIO TERMS & CONDITIONS OF USE
PLEASE READ THESE TERMS & CONDITIONS OF USE CAREFULLY AND THOROUGHLY BEFORE USING THIS WEBSITE.
These Terms & Conditions of Use (the “Terms”) govern the terms and conditions of your use of this website, namely www.braingamesstudio.com , or any other domain that is used in its place (hereinafter referred to as the “Website”), which includes all the services, features and functions used by you in the course of the use of the Website (hereinafter referred to as the “Services”).
Your use of the Website for the aforementioned purpose creates a binding and legally-enforceable contract between yourself and Brain Games Studio regarding the use of the Website, receipt of the Services and matters ancillary thereto. By accessing this Website and receiving the Services, you acknowledge that you have read, understand and accept these Terms. If you do not agree with any of these Terms, you shall discontinue use of this Website immediately
1. User Account
1.1 Eligibility Criteria:
By creating an account with this Website (hereinafter referred to as your “Account”), you represent that you are at least eighteen (18) years of age. Furthermore, you have not been convicted of any financial crime, including fraud and money laundering. If you are a minor, your parent or guardian can open the Account on your behalf in his or her own name and, in such case, the term “you” in these Terms shall refer to you and your parent or guardian.
1.2 Legal Persons:
In the event that you are creating this Account on behalf of a company, partnership, trust or any other legal person or association of persons (the “Entity”), you warrant that you have necessary authorizations to create and access this Account on behalf of such Entity and bind the Entity. You further agree to e-mail the soft copy of any such authorization to Brain Games Studio within twenty-four (24) hours of the creation of this Account.
1.3 Account Creation:
If you fulfill the eligibility criteria mentioned in Clauses 1.1 and 1.2 above, you are entitled to create your Account. You shall ensure that all information that you provide in the process of creation of your Account is accurate and verifiable. You further represent that you are in possession of all the original documents to confirm the information provided by you in such process and authorize Brain Games Studio to require and verify such information and documents, if it considers necessary.
1.4 No Multiple, Fake Accounts:
You are only permitted to use one account at a time. You may not create an account on behalf of any person, whether authorized or not. You may not impersonate any other person while using this Website.
1.5 No Assignment:
The account created by you under this Clause is for your personal use only. You shall not transfer, assign or sub-license your account to any third party.
2.1 Errors and Defects:
Brain Games Studio does not warrant that the electronic functions contained in or on the Website will be uninterrupted or error free, that defects will be corrected, or that Brain Games Studio, or the server that makes the Website available, are free of viruses or bugs or represents full functionality.
2.2 Protection of Data:
Brain Games Studio remains committed to protecting the integrity and privacy of your data. However, Brain Games Studio shall not be liable for any unauthorized access or use of your information or any other negative consequence despite its best efforts to avoid the same.
2.3 No Warranty:
The Website and all information and/or material contained therein, provided therewith, available on or accessed through it are provided on “as is” and “as available” basis only, without warranty of any kind. Brain Games Studio disclaims, to the fullest extent permitted by law, all warranties, either express or implied, statutory or otherwise, conditions, representations, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, accuracy, reliability, timeliness, completeness, adequacy, currentness and non-infringement of third party rights. Except where prohibited by law, this disclaimer also includes any expressed or implied warranties arising from any course of dealing, usage, or trade practice.
When using the Website, information may be transmitted over a medium that is beyond the control and jurisdiction of Brain Games Studio. Accordingly, Brain Games Studio assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or information transmitted in connection with the Services.
3. Data Protection
You are responsible for taking all reasonable steps to ensure that no unauthorized person has or gains access to your password or Account for the Website. It is your sole responsibility to (i) control the dissemination and use of your login name(s) and password(s); (ii) authorize, monitor, and control access to and use of your Account and password; and (iii) promptly inform Brain Games Studio if you believe your Account or password has been compromised or if there is any other reason you need to deactivate your Account. To send us an e-mail, use the "Contact Us" link located on the Website, which is provided above. Brain Games Studio cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using the Website. Brain Games Studio does not assume any liability for misappropriation of your Commissions if your Account is misused by persons not authorized by yourself.
You are responsible for implementing sufficient procedures, checkpoints and safeguards to satisfy your particular requirements for accuracy of data input and output, and for maintaining means for the reconstruction or recovery of lost data.
4. Use of the Website
4.1 Intended Purpose:
Your use of the Website shall be limited to the purpose for which it is intended only.
4.2 Compliance with Law, Rules:
You shall use this Website in compliance with:
(i) your obligations under any contract(s)/agreement(s) with third parties;
(ii) any judgment, decree or writ binding upon yourself;
(iii) all laws, rules and regulations of your jurisdiction, including laws pertaining to confidentiality, privacy and security; and
(iv) best practices and professional code of conduct.
4.3 Prohibited Uses:
You shall NOT use this Website:
(i) for any illegal, fraudulent, harmful, malicious or unlawful activity;
(ii) to upload information or make claims that may be misleading;
(iii) to disseminate any political, religious or ideological messages or information;
(iv) to form any interest groups or unions;
(v) to form any romantic or affectionate relationships;
(vi) in an abusive manner, by gaining unauthorized access to the same; or
(vii) to advertise yourself by damaging the reputation of your professional competitors.
5. License Term and Termination
These Terms be effective from the date of your Account registration with the Website and shall continue for as long as your Account remains active (the “Term”).
5.2 Termination by You:
You may terminate the Term by deactivating your Account.
5.3 Termination by Brain Games Studio for Cause: Brain
Brain Games Studio may suspend or terminate your Account:
(i) if there has been a breach of the Terms by you;
(ii) to comply with any government or court order;
(iii) to comply with any legal provision requiring the same;
(iv) if any criminal proceedings have been commenced against you;
(v) if you become insolvent or become party to insolvency proceedings.
5.4 Termination by Brain Games Studio without Cause
Brain Games Studio may terminate your Account without having to assign any reason to you by a written notice of fifteen (15) days to you.
6. Maintenance Downtime
Brain Games Studio may, in rare cases, be required to shut down the Website temporarily for maintenance and/or up-gradation. While this suspension may be undesirable for you, Brain Games Studio will try its best to avoid this outcome and it will do so only when it is absolutely necessary and in the best interests of its valued customers.
7. Limited Liability
7.1 No Liability Upon Loss:
Neither Brain Games Studio or its owners, partners, shareholders, directors, management, executives, employees, or other representatives, nor any of its holdings, affiliates, subsidiaries, or associated companies, shall be liable or responsible for any direct, indirect, special, incidental, punitive and/or consequential damages or losses arising out of:
(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
(ii) any changes to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services;
(iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
(iv) your failure to provide the Brain Games Studio with accurate account information;
(v) its failure to perform or delay in performing any of its obligations or the Services when such failure or delay is by reason of force majeure, that is, circumstances beyond the reasonable control of Brain Games Studio. For the purposes of this Clause, “force majeure” means and includes accident, bad weather, power failure, strike, lockout, riot, protest, delay by you or a third party, traffic jam, unforeseen problems with transport, blockade, civil strife and commotion, fire, natural disaster, flood, earthquake, explosion, epidemic, insurrection, war or warlike conditions, terrorism or threat of terrorism, embargo, act of God, judgment, order or decision of any judicial, semi-judicial or quasi-judicial forum (including courts and regulatory authorities), actions of governments or governmental agencies, compliance with any law, rule, regulation, judicial order, or governmental order, whether or not reasonable, lawful or valid, or other similar causes beyond the control of Brain Games Studio.
7.2 Limitation to Apply Despite Knowledge:
The limitations on the Brain Games Studio’s liability to you in Clause 7.1 above shall apply whether or not Brain Games Studio has been advised of, is aware of or should have been aware of the possibility of any such losses arising.
By using this Website, you agree to defend and indemnify Brain Games Studio, its owner(s), shareholder(s) (if applicable), director(s) (if applicable), officers, employees, affiliates, agents, licensors and suppliers and hold them harmless from and against all or any consequences, actions, claims, losses, liabilities, demands and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, or arising out of, or alleged to arise out of:
(i) your breach or violation of any of these Terms;
(ii) your misuse of the Website;
(iii) the actions of any person using the User ID and password assigned to you for the Website;
(iv) any misrepresentations made by you while using the Website;
(v) any violation of any applicable laws, rules, regulations and code of conduct whether knowingly or otherwise, while using this Website.
9. Intellectual Property Rights of Brain Games Studio
9.1 Title to Intellectual Property:
Save as otherwise stated, all intellectual property in the Website, its software and the Services, whether in trademarks, copyrights, patents, designs, methods, secrets, source codes, or otherwise, whether registered or unregistered, shall vest in and is the sole and exclusive property of Brain Games Studio (the “Intellectual Property”). This Intellectual Property also includes but is not limited to:
(i) the name and logo;
(ii) all text, images, artwork and graphics, including its layout and design of the Website application;
(iii) all graphical user interfaces on the Website; and
(iv) all copyrights in the software of the Website.
9.2 Use of Intellectual Property:
You may only use this Intellectual Property in a manner expressly permitted by Brain Games Studio. Your use of the Website or otherwise receipt of the Services does not give you the right to copy, modify, distribute, reproduce, broadcast, publish, sell, license or derive the source code of any or all of the Intellectual Property. You may only make one copy of the Intellectual Property for internal backup purposes only.
9.3 Third Party Breach:
In the event that you suspect a breach of the IPRs of Brain Games Studios by a third party, you shall promptly notify Brain Games Studio of such breach, and shall provide all reasonable information in Brain Games Studio’s attempts to take all legal measures necessary to protect its Intellectual Property.
9.4 International Protection
The Intellectual Property is protected by national copyright law and international copyright conventions. Any use of the Intellectual Property not expressly permitted by the Terms shall be considered a breach of the Terms.
If you violate or breach any of the Terms, your permission to use the Website and the Intellectual Property automatically terminates.
9.6 Rights Reserved:
All rights not expressly granted herein or are reserved by Brain Games Studio
This Clause shall survive the termination of these Terms.
10. Links to Third-Party Resources
Any hyperlink to any third party source or resource on the Website is provided for your convenience and ease of reference only. Brain Games Studio does not necessarily recommend, endorse or approve, and is not responsible or liable for, any third-party content that may be accessed through any hyperlink on the Website.
11. Independent Contractors
Nothing in the Terms shall be construed to create a relationship of agency, partnership, joint venture or other formal business entity or fiduciary relationship between you and Brain Games Studio (collectively as the “Parties” and individually as a “Party”).
12. Entire Understanding
These Terms constitute the complete agreement and sets out the entire understanding concerning the arrangement between the Parties on the subject matter hereof and shall, as of the effective date hereof, supersede all prior agreement(s) or understanding(s) between the Parties as well as all other communications, representations, promises, proposals, oral or written, negotiations, conversations, or discussions between or among the Parties relating to the subject matter of the Terms.
Any notice required to be served under the Terms shall be deemed to have been served if either delivered through e-mail, registered post or courier service at the respective addresses of the Parties provided and in such a case it shall be deemed (whether it is actually or not) to have been received at the time when such e-mail, registered post or courier would, in the normal and ordinary course, be delivered to the Party to be served.
14.1 Negotiation and Mediation:
If any dispute arises between the Parties arising from or out of the Terms and/or your use of the Website, the Parties shall endeavour to settle the dispute through negotiation. The period within which negotiations are to be allowed, held and concluded shall not be more than thirty (30) days. If negotiations fail, the Parties shall proceed to mediation which shall be allowed, held and concluded shall not be more than an additional thirty (30) days. The Parties may, by mutual agreement in writing, waive the timelines permitted under this Clause, or vary their lengths.
14.2 Resort to Arbitration:
If the Parties are unable to settle the dispute or difference by negotiation or mediation and the timelines provided in Clause 14.1 above lapse, then such dispute or difference shall be referred to arbitration within thirty (30) days from the receipt of a written notice by either Party demanding arbitration.
14.3 Appointment of Arbitrator
You and Brain Games Studio shall appoint one arbitrator each. In case the arbitrators are unable to reach agreement on the award, they shall refer the matter to an umpire to be mutually appointed by them, who shall rule on the award. The Parties shall share the costs of the arbitration equally, unless otherwise stated in the arbitration award.
14.4 Legal Seat:
The arbitration hearings/proceedings shall be conducted under Pakistan’s Arbitration Act, 1940 (or any reenactment thereof) at Lahore, Pakistan and shall be concluded within sixty (60) days from the date of appointment of the arbitrator. For the purposes of enforcement of the arbitral award or any dispute in relation to the arbitration, the Legal Seat shall be Lahore, Pakistan.
The arbitrators (or the umpire) shall have authority to award any remedy or relief that a civil court in Lahore, Pakistan could grant in conformity to applicable law, except that the arbitrator shall have no authority to award lawyers’ fees or punitive damages.
All arbitration proceedings shall be confidential.
Judgment upon the award rendered by the arbitrators (or umpire) may be entered in any court in Lahore, Pakistan with jurisdiction.
14.8 Injunctive Relief:
The arbitration mechanism provided in this Agreement shall not prevent any Party from obtaining any temporary injunctive or other equitable relief from a court of competent jurisdiction. For such purpose, both Parties hereby consent to the jurisdiction of a Court in Lahore, Pakistan with jurisdiction.
Brain Games Studio may, at its sole discretion, at any time and without prior notice:
(i) change, alter, revise, modify, amend or update any or all of these Terms;
(ii) change the nature of its services; and
(iii) make amendments to the Website
without any liability upon itself, provided that this provision may not prevent Brain Games Studio from notifying you of any such changes for your convenience. Your continued use of the Website shall indicate your acceptance of such changes.
16. No Waiver
Any failure or delay by Brain Games Studio to exercise, enforce or demand its rights or remedies under these Terms at any time for any period shall not operate or be construed as a waiver or relinquishment of Brain Games Studio’s right to enforce strict performance thereof. No single or partial exercise or enforcement by Brain Games Studio of any right or remedy under the Terms or the law shall preclude any other or future exercise or enforcement of any right or remedy by such party under these Terms or the law. Any waiver of these Terms shall only be valid if it is in writing by Brain Games Studio.
The headings in these Terms are for your use of reference only and shall not affect the construction or interpretation of these Terms.