You represent, warrant, and agree that you will not:
You may not assign, sublicense, or transfer this Agreement or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate this Agreement.
This Agreement, and your relationship with us under this Agreement, shall be governed by the laws of the State of New York without regard to its conflict or choice of laws provisions. Any dispute with us, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the rules of the American Arbitration Association in New York, NY.
If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.
Brain Contents Inc (“we,” “us,” or “our”) respects the privacy rights of its users and is committed to being transparent with how we use personal information. We receive information from users through our services, which include:
Personal Information. We may collect Personal Information that you willingly provide to us or to others through the use of our Services, such as your name, email address, or your payment information (as applicable). Non-Personal Information. We may also collect non-personal information from you, such as your browser type, the URL of the previous website you visited, your ISP, operating system, and your Internet protocol (IP) Address, as well as in-app non-personal Information, such as your click pattern, the menus you open, and which features you load.
We use your information for our own internal purposes, such as providing, maintaining, evaluating, and improving our Services for you. We use your personal information for the purpose for which it was collected, and to provide our services, fulfill requests for information, and provide customer support.
Disclosure to Successors. We may disclose your personal information to any successor-in-interest of ours, such as a company that acquires us. In the event that we go through a business transition, such as a merger or acquisition by or with another company, or sale of all or a portion of our assets, your personal information will likely be among the assets transferred. You will be notified via email or by a notice in our Services of any such change in ownership or control of your personal information. Disclosure to Unaffiliated Third Parties. We will not disclose personal information to unaffiliated third parties, but for the event to prevent an emergency, to prevent harm to others, to respond to legal requirements, to protect or enforce our rights and policies, to protect or enforce the rights of a third party, or as required or permitted by law (including, without limitation, to comply with a subpoena or court order). Disclosure to Third Party Service Providers and Online Partners. We may contract with various third parties who help us provide, maintain and improve our Services. For example, we use a third party to process payments made to us, or to perform analytics or other operations. We take commercially reasonable precautions to prevent such third parties from disclosing your personal information. The third parties are bound contractually to only us the information shared with these for the purpose of providing the Services in question. We cannot guarantee that such third parties will not disclose your personal information. Currently, the online partners with whom we share your personal information include:
Security. We take reasonable measures to protect the confidentiality, security, and integrity of the personal information collected. Unfortunately, there is no such thing as perfect security. As a result, although we strive to protect personally identifying information, we cannot ensure or warrant the security of any information transmitted to us through or in connection with our Services, that we store on our systems or that is stored on our service providers' systems. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control. Consent to Transfers. Given the global nature of the internet, please be aware that information we collect, including personal information, will be transferred to, processed and stored in the United States and other countries around the world. Courts, law enforcement, and other authorities in the United States and abroad may be entitled to access your personal information under certain circumstances. By using our Services or providing us with any information, you consent to this transfer, processing and storage of your information in the United States and in other countries around the world, including jurisdictions in which the privacy laws may not be as comprehensive as those in the country where you reside or are a citizen.
Under Thirteen. Our Services are intended for users ages 13 and older only. Accordingly, we will not knowingly collect or use any personal information from children that we know to be under the age of 13. In addition, we will delete any information in our possession that we discover originates from a child under the age of 13. Parental Controls. If you believe that your child’s personal information was mistakenly collected through our services, please contact us immediately at [email protected] and we will work with you to determine if this is the case and remove such information if necessary.