Terms of Service

Last Updated: May 14, 2013

Cerebral Gardens Terms of Service and EULA

The following terms of service (“Terms”) and end user license agreement (“EULA”) constitute an agreement between you and Cerebral Gardens Inc, and its affiliates (“Cerebral Gardens”). This EULA governs your use of Software and Services (as specified below).

For purposes of this EULA "Software" means all software programs distributed, published or otherwise made available by Cerebral Gardens or its affiliates including, but not limited to mobile applications, desktop applications, and web applications. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or online materials or documentation, and any and all copies of such software and its materials.

"Services" means all services made available by Cerebral Gardens, including but not limited to services accessed through mobile applications, by means of a browser or by other online communication method.

Software and Services are collectively referred to as "Cerebral Gardens Services".

Accepting these Terms

If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you access the Cerebral Gardens Services, please read all of the terms. If you don't agree to all of the terms below, please do not use the Cerebral Gardens Services. Also, if a term does not make sense to you, please let us know by e-mailing support@cerebralgardens.com.

If you do not accept the terms of this EULA, do not install, use or access the Cerebral Gardens Services.

Changes to these Terms

We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.

Whenever we make changes to these Terms, the changes are effective immediately after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check the app for changes to these Terms.

If you continue to use Cerebral Gardens Services after the revised Terms go into effect, then you have accepted the changes to these Terms.

Privacy Policy

For information about how we collect and use information about users of Cerebral Gardens Services, please check out our privacy policy which is available at http://cerebralgardens.com/privacy-policy.

Licenses

THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY INSTALLING, USING OR ACCESSING THE CEREBRAL GARDENS SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE CEREBRAL GARDEN SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS EULA.

Software Licence

Subject to this EULA and its terms and conditions, Cerebral Gardens hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use for gameplay on a single computer or gaming unit, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.

Service License

Subject to this EULA and its terms and conditions, Cerebral Gardens hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by Cerebral Gardens, for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.

License Term

The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or Cerebral Gardens’ termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this EULA.

Ownership; No Other Licenses

Cerebral Gardens retains all right, title and interest in and to the Cerebral Gardens Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Cerebral Gardens Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Cerebral Gardens Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Cerebral Gardens. All rights not expressly granted to you herein are reserved by Cerebral Gardens.

Third-Party Services

From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of Cerebral Gardens Services may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party's own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.

Creating Accounts

When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.

If you discover or suspect any Service security breaches, please let us know as soon as possible.

Your Content & Conduct

Cerebral Gardens Services allow you and other users to post, link, share and otherwise make available content. You are responsible for the content that you make available to Cerebral Gardens Services, including its legality, reliability, and appropriateness.

When you post, link or otherwise make available content to Cerebral Gardens Services, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your content on or through the Service. We may format your content for display throughout Cerebral Gardens Services, but we will not edit or revise the substance of your content itself.

Aside from our limited right to your content, you retain all of your rights to the content you post, link and otherwise make available on or through Cerebral Gardens Services.

You can remove the content that you posted by deleting it. Once you delete your content, it will not appear on Cerebral Gardens Services, but copies of your deleted content may remain in our system or backups for some period of time. We will retain web server access logs for as long as required.

You may not post, link and otherwise make available on or through Cerebral Gardens Services any of the following:

Content that is libelous, defamatory, bigoted, fraudulent or deceptive; Content that is illegal or unlawful, that would otherwise create liability; Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party; Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (SPAM); Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and Viruses, corrupted data or other harmful, disruptive or destructive files or code. Also, you agree that you will not do any of the following in connection with the Service or other users:

Use of Cerebral Gardens Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying Cerebral Gardens Services or that could damage, disable, overburden or impair the functioning of the Service; Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity; Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of Cerebral Gardens Services; Create an account or post any content if you are not over 13 years of age years of age; and Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect Cerebral Gardens Services, users of Cerebral Gardens Services, or third parties.

Cerebral Gardens Materials

We put a lot of effort into creating Cerebral Gardens Services including, the logos and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by Canadian and international copyright laws. We grant you the right to use it.

However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying Cerebral Gardens Services; (ii) modifying or otherwise making any derivative uses of Cerebral Gardens Services or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of Cerebral Gardens Services or any information contained therein; (v) reverse engineering or accessing Cerebral Gardens Services in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. If you do any of this, we may terminate your use of Cerebral Gardens Services.

Hyperlinks and Third Party Content

You may create a hyperlink to Cerebral Gardens Services, but you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.

Cerebral Gardens makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from Cerebral Gardens Services or websites linking to the Service. When you leave Cerebral Gardens Services, you should be aware that these Terms and our policies no longer govern.

If there is any content on Cerebral Gardens Services from you and others, we don't review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.

Unavoidable Legal Stuff

CEREBRAL GARDENS SERVICES AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH CEREBRAL GARDENS SERVICES ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO CEREBRAL GARDENS SERVICES AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

IN NO EVENT WILL CEREBRAL GARDENS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH CEREBRAL GARDENS SERVICES OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH CEREBRAL GARDENS SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO CEREBRAL GARDENS. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

You agree to defend, indemnify and hold Cerebral Gardens harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of Cerebral Gardens Services or the use of Cerebral Gardens Services by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.

Governing Law

The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the Province of Ontario and the federal laws of Canada, as applicable without applying conflicts of law principles.

Dispute Resolution

You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of the Province of Ontario and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Province of Ontario in connection with any such dispute including any claim involving Service. You further agree that you and Service will not commence against the other a class action, class arbitration or other representative action or proceeding.

Termination

If you breach any of these Terms, we have the right to suspend or disable your access to or use of Cerebral Gardens Services.

Entire Agreement

These Terms constitute the entire agreement between you and Cerebral Gardens regarding the use of Cerebral Gardens Services, superseding any prior agreements between you and Cerebral Gardens relating to your use of the Service.

Feedback

Please let us know what you think of Cerebral Gardens Services and these Terms. When you provide us with any feedback, comments or suggestions about Cerebral Gardens Services and these Terms you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.

Questions & Contact Information

Questions or comments about Cerebral Gardens Services may be directed to us at support@cerebralgardens.com.