Please read these terms and conditions carefully before using this web site. Your use of this web site confirms your unconditional acceptance of the following terms and conditions. If you do not accept these terms and conditions, do not use this web site.
Products, Content and Specifications
All features, content, specifications, products and prices of products and services described or depicted on braingametoys.com (this website), are subject to change at any time without notice. Certain descriptions, prices and specifications are approximate and are provided for convenience purposes only. Brain Game Toys LLC, which operates this website, makes all reasonable efforts to accurately display the attributes of products and services. The inclusion of any products or services on braingametoys.com at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item from braingametoys.com.
Accuracy of Information
We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, or accuracy any information on this website. For example, products included on this website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this website. In addition, we may make changes in information about price and availability without notice.
The design of this website and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. You may not modify the information or materials displayed on or that can be downloaded from this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Trademarks
Certain trademarks, trade names, service marks and logos used or displayed on this website are registered and unregistered trademarks, trade names and service marks of Brain Game Toys LLC. Other trademarks, trade names and service marks used or displayed on this website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this website grants or should be construed as granting any license or right to use any trademarks, trade names, service marks or logos displayed on this website without the written permission of Brain Game Toys LLC or such other owner.
Third Party Links
This website may contain links to websites that are not owned, operated or controlled by Brain Game Toys LLC. All such links are provided solely as a convenience to you. If you use these links, you will leave this website. Brain Game Toys LLC is not responsible for any content, materials or other information located on or accessible from any other website. Brain Game Toys LLC does not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this website, you do so entirely at your own risk.
Inappropriate Material
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
User Information
Other than personally identifiable information, which is subject to this website’s Privacy Policy, any material, information, suggestions, ideas, concepts, techniques, questions, comments or other communication you transmit or post to this website in any manner (“user communications”) is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all user communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any user communications. We will have no obligation to use, return, review, or respond to any user communications. We will have no liability related to the content of any such user communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all user communications that includes any material we deem inappropriate or unacceptable.
Disclaimers
Your use of this site is at your risk. The information, materials and services provided on or through this website are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Brain Game Toys LLC does not warrant the accuracy or completeness of the information, materials or services provided on or through this website. The information, materials and services provided on or through this website may be out of date, and Brain Game Toys LLC does not make any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
All products and services purchased on or through this website are subject only to any applicable warranties of their respective manufactures, distributors and suppliers, if any. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this website. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. We make no warranties to those defined as “consumers” in the magnuson-moss warranty-federal trade commission improvements act. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
Limitations of Liability
Brain Game Toys LLC assumes no responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website, or your downloading of any information or materials from this website. In no event will Brain Game Toys LLC or any of its respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this website, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this website, any websites linked to this website, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
In the event of any problem with this website or any content, you agree that your sole remedy is to cease using this website. In the event of any problem with the products or services that you have purchased on or through this website, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty.
Revisions to these Terms and Conditions
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this website.
Choice of Law; Jurisdiction
These Terms and Conditions supersede any other agreement between you and Brain Game Toys LLC to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this website will be brought only in the courts of the State of Georgia or the United States District Court for the Northern District of Georgia. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Termination
You or we may suspend or terminate your account or your use of this website at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.
Additional Assistance
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, please contact us at info@braingametoys.com.