TERMS OF SERVICE
§ 1. - Introduction
§ 1.1. - Governing Agreement
The terms of this agreement ("Terms of Service" or "Terms") govern the relationship between you and UnlockYourBrain (hereinafter "UnlockYourBrain" or "Us" or "We") regarding your use of UnlockYourBrain’s social games and related services, which include applications for mobile devices and UnlockYourBrain branded websites (the "Service"). In this agreement, "UnlockYourBrain" means UnlockYourBrain GmbH, located at Französische Str. 24, 10117 Berlin. "UnlockYourBrain" includes Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership.
§ 1.4. - Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant UnlockYourBrain policies, such as the Forum Rules or Loyalty Program Terms, UnlockYourBrain grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in Sections 1.5-1.9 to access and use the Service using a UnlockYourBrain supported web browser (such as Mozilla Firefox or Microsoft Internet Explorer) or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
You understand that while at times you may "earn" "buy" or "purchase" (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Service; or (b) virtual in-game items (together with virtual currency, "Virtual Items"); these real world terms are only being used as shorthand. You do not in fact "own" the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Service, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms of Service is a completed transaction upon receipt of your direct payment or redemption of a UnlockYourBrain game card or a third party virtual currency like Facebook Credits. Any "virtual currency" balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
§ 1.5. - Accessing the Service
§ 1.6. - Use of the Service
The following restrictions apply to the use of the Service:
§ 1.7. - Account Information
You understand that on certain UnlockYourBrain websites your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile photo.
§ 1.8. - Username and Password
During the Account creation process, you may be required to select a password ("Login Information"). The following rules govern the security of your Login Information:
You shall not share the Account or the Login Information, let anyone else access your account, or do anything else that might jeopardize the security of your Account; In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify UnlockYourBrain and modify your Login Information; You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and You are responsible for anything that happens through your Account. UnlockYourBrain reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.
§ 1.9. - License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.4, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY UNLOCKYOURBRAIN GAME IS A VIOLATION OF UNLOCKYOURBRAIN POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
You agree that you will not, under any circumstances:
CHEATING AND HACKING - You agree that you will not, under any circumstances:
OFFENSIVE OR INFRINGING CONTENT - You agree that you will not, under any circumstances:
COMMERCIAL ACTIVITY - You agree that you will not, under any circumstances:
UNAUTHORIZED USE OR CONNECTION TO THE SERVICE - You agree that you will not, under any circumstances:
COLLECTION AND PUBLICATION OF PERSONAL INFORMATION - You agree that you will not, under any circumstances:
§ 1.10. - Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, UNLOCKYOURBRAIN MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR UNLOCKYOURBRAIN SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND UNLOCKYOURBRAIN IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
UnlockYourBrain reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, UnlockYourBrain shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
You may cancel any Account registered to you at any time by following the instructions at getsemper.com.
§ 1.11. - Ownership
The Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a UnlockYourBrain game client, and the UnlockYourBrain game clients and server software) are copyrighted works owned by UnlockYourBrain Inc. UnlockYourBrain reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF UNLOCKYOURBRAIN . GENERALLY, GAME OR OTHER ACCOUNTS CREATED WITH UNLOCKYOURBRAIN WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
UnlockYourBrain owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items appearing or originating in any
UnlockYourBrain game, whether "earned" in a game or "purchased" from UnlockYourBrain, or any other attributes associated with an Account or stored on the Service.
UnlockYourBrain prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by UnlockYourBrain in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game, without UnlockYourBrain’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a UnlockYourBrain game client or the Service, or that other users upload or transmit, including without limitation any chat text.
You own your User Content. You hereby grant UnlockYourBrain and its Affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant Us to use user posted content (except any content you submit in response to UnlockYourBrain promotions and competitions or any other content specifically solicited by UnlockYourBrain) ends when you delete your User Content or you close your Account unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.
§ 2. - User Content
§ 2.1. - Content Screening
You are entirely responsible for all User Content you post or otherwise transmit via the Service. UnlockYourBrain assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate or illegal content or conduct.
We have no obligation to monitor User Content. If We choose at any time, in our sole discretion, to monitor the Service, We have the right, in our sole discretion, to edit, refuse to post, or remove any User Content and We may monitor and/or record your interaction with the Service or communications (including without limitation chat text and voice communications) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording.
§ 2.2. - Information Use by Other Members of the Service
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. UnlockYourBrain cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. UnlockYourBrain shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit. If you submit suggestions, proposals, comments or other materials (collectively "Submissions") within the Service you understand and agree that UnlockYourBrain (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you.
UNLOCKYOURBRAIN IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others.
Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service, and UnlockYourBrain assumes no responsibility or liability for this material. If you become aware of misuse of the Service by any person, please use any "Report Abuse" link provided or contact us at Customer Support (support[at]getsemper.com).
UnlockYourBrain may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of UnlockYourBrain may violate these Terms of Service. UnlockYourBrain reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.
§ 2.4. - User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or UnlockYourBrain games. UnlockYourBrain reserves the right, but has no obligation, to become involved in any way with these disputes.
If you have a dispute with one or more users, you release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data.
§ 3. - FEES AND PURCHASE TERMS
§ 3.1. - Purchases
In the Service you may purchase, with "real world" money, a license to use Virtual Items and or other goods or services. You may also obtain a license to use Virtual Items by redeeming UnlockYourBrain game cards or third party virtual currency, such as Facebook Credits.
PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE.
You can license Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you purchase a license to Virtual Items from our Service, We may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. UnlockYourBrain keeps records of transactions in order to deal with any subsequent queries. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook’s Payment Terms and UnlockYourBrain is not a party to the transaction.
For Virtual Items, your order will represent an offer to us to purchase a license for the relevant service(s) which will be accepted by us when We make the Virtual Items available in your account for you to use in our games or debit your credit card, whichever comes first.
Your license to Virtual Items for use in UnlockYourBrain games is a service provided by UnlockYourBrain that commences upon acceptance by UnlockYourBrain of your purchase or redemption of third party virtual currency. By ordering a license to use Virtual Items you agree and accept that UnlockYourBrain will provide it to you promptly following completion of your purchase. If you reside in the European Union and you purchase a product or service from UnlockYourBrain, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase a license to use Virtual Items from Us, your right of withdrawal is lost as the performance of our services begins promptly once your purchase is completed.
§ 3.2. - Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. UnlockYourBrain may revise the pricing for the goods and services it licenses to you through the Service at any time. YOU ACKNOWLEDGE THAT UNLOCKYOURBRAIN IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
§ 4. - THIRD PARTY ADVERTISING
§ 4.1. - Third Party Advertisements
§ 4.2. - Links to Third Party Sites and Dealings With Advertisers
UnlockYourBrain may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Service and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. UnlockYourBrain makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of UnlockYourBrain and may collect data or solicit personal information from you. UnlockYourBrain is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by UnlockYourBrain of these linked sites.
§ 5. - UPDATES TO THE SERVICE
You understand that the Service is an evolving one. UnlockYourBrain may require that you accept updates to the Service and to UnlockYourBrain’s games you have installed on your computer or mobile device. You acknowledge and agree that UnlockYourBrain may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play UnlockYourBrain’s Games.
§ 6. - DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
§ 6.1. - DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER UNLOCKYOURBRAIN NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "UNLOCKYOURBRAIN PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
§ 6.2. - LIMITATIONS; WAIVERS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE UNLOCKYOURBRAIN PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE UNLOCKYOURBRAIN PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE UNLOCKYOURBRAIN PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE UNLOCKYOURBRAIN PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID UNLOCKYOURBRAIN IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID UNLOCKYOURBRAIN ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH UnlockYourBrain IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF UNLOCKYOURBRAIN.
§ 6.3. - Indemnification
You agree to indemnify, save, and hold UnlockYourBrain, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. UnlockYourBrain reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify UnlockYourBrain, and you agree to cooperate with UnlockYourBrain’s defense of these claims. UnlockYourBrain will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.
§ 7. - DISPUTE RESOLUTION
§ 7.1. - General
If a dispute arises between you and UnlockYourBrain, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and UnlockYourBrain agree that We will resolve any claim or controversy at law or equity that arises out of this Agreement or the Service (a "Claim") in accordance with one of the subsections below or as We and you otherwise agree in writing. Before resorting to these alternatives, We strongly encourage you to first contact Us directly to seek a resolution by going to support[at]getsemper.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
§ 7.2. - Law and Forum for Legal Disputes
This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of Berlin as they apply to agreements entered into and to be performed entirely within Germany between Germany residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against UnlockYourBrain must be resolved exclusively by a state or federal court located in Berlin, Germany, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Berlin, Germany for the purpose of litigating all such claims or disputes.
§ 7.3. - Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
§ 7.4. - Improperly Filed Claims
All claims you bring against UnlockYourBrain must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to Section 8.2 shall be considered improperly filed. Should you file a claim contrary to Section 8.2, UnlockYourBrain shall be entitled to recover attorneys' fees and costs up to $1000, provided that UnlockYourBrain has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
§ 8. - SEVERABILITY
§ 9. - GENERAL PROVISIONS
§ 9.1. - Assignment
§ 9.2. - Supplemental Policies
UnlockYourBrain may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
§ 9.3. - Entire Agreement
§ 9.4. - Language of the Terms of Service
In the event of a conflict between a translation of the UnlockYourBrain Policies and the English version, the English version of the UnlockYourBrain Policies will control.
§ 9.5. - No Waiver
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by UnlockYourBrain shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of UnlockYourBrain.
§ 9.6. - Notices
§ 9.7. - Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to UnlockYourBrain are of a unique and irreplaceable nature, the loss of which shall irreparably harm UnlockYourBrain and which cannot be replaced by monetary damages alone. Accordingly, UnlockYourBrain shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any UnlockYourBrain game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7.2 (if any).
§ 9.8. - Force Majeure
UnlockYourBrain shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of UnlockYourBrain, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond UnlockYourBrain’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.