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Please read the following
Terms and Conditions of Use carefully before using this
web site. Your use of this web site is expressly
conditioned on your acceptance of these terms and
conditions without any modifications. Your use of this
web site constitutes your acceptance of all the terms
and conditions set forth herein. If you do not agree
with any part of the following terms and conditions, you
should not use this web site.
Definitions
Any use herein of the terms "Brain Zapped! web site" or
just "web site" refers to all publicly accessible web pages
that are identified with and under the control of Brain
Zapped!.
Terms
"Brain Zapped!" "us," "our," "we," and any variation
thereof refer to Brain Zapped! and may include independent
contractors who operate portions of Brain Zapped! web site
on Brain Zapped's behalf.
Ownership Notice
Unless otherwise noted, this web site and all of the
materials contained herein, including the source code, HTML
code and any other code used to generate any portion of this
web site, are the copyrighted property of Brain Zapped! or
of third parties who have licensed Brain Zapped! to use
their property. None of the data or content found on this
web site may be reproduced, republished, transferred,
distributed, sold or modified without the express written
permission of Brain Zapped! provided; however, that users
may reproduce a single copy of any web page for their
personal use. In addition, the trademarks, logos, and
service marks displayed on this web site (collectively the
"Trademarks") are registered and common law trademarks of
Brain Zapped! and/or third party service providers. Nothing
contained on this web site should be construed as granting,
by implication, Estoppel, or otherwise, any license or right
to use any of the Trademarks without the written permission
of Brain Zapped! and/or the appropriate third party service
providers.
No Unlawful or Prohibited
Use
As a condition of your use of the Brain Zapped! Web Site,
you warrant to Brain Zapped! that you will not use the Brain
Zapped! Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may
not use the Brain Zapped! Web Site in any manner which could
damage, disable, overburden, or impair the Brain Zapped! Web
Site or interfere with any other party’s use and enjoyment
of the Brain Zapped! Web Site. You may not obtain or attempt
to obtain any materials or information through any means not
intentionally made available or provided for through the
Brain Zapped! Web Sites.
Personal and Non-Commercial
Use Limitation
This web site is strictly for your personal and
non-commercial use. In the absence of Brain Zapped! express
prior written consent, you may not modify, copy, transmit,
reproduce, distribute, display, or publish this web site or
any part thereof for any purpose other than your own
personal and non-commercial use.
Privacy Policy
Please review our Privacy Policy.
Children
Brain Zapped! believes that it is extremely important to
protect children's personal information. As a result, no one
under the age of 16 is allowed to use any features of this
web site that result in our actively collecting personal
information.
Links to Third Party website's
The Brain Zapped! Web Site may contain links to other Web
Sites (“Linked Sites”). The Linked Sites are not under the
control of Brain Zapped! and Brain Zapped! is not
responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or
any changes or updates to a Linked Site. Brain Zapped! is
not responsible for webcasting or any other form of
transmission received from any Linked Site. Brain Zapped! is
providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Brain
Zapped! of the site or any association with its operators.
Any questions that you have about one of the Linked web
site's should be directed to the individuals and/or
organizations responsible for that web site. Although we
attempt to verify all links on a regular basis, there is a
possibility that the particular server that you are
attempting to link to is not currently operational. Please
e-mail the website
administrator and let us know about a broken hyperlink.
Bookmarking and Linking to
our web site
Individuals may, for personal, non-commercial use only,
bookmark or point to any page within the Brain Zapped! web
site.
Other users/web site's may:
(1) include a link to Brain Zapped! web site by pointing to
the web site's home page at
http://www.BrainZapped.com and (2) link to the Brain
Zapped! major subcategory pages (e.g. Behind the Scenes,
EGG Entertainment, etc.), provided that it is made clear
that the information is being provided by Brain Zapped!.
Other users/web site's may
not without the Brain Zapped! express written consent:
(1)
point or link from a web site directly to content within the
Brain Zapped! web site other than by pointing or linking to
http://www.BrainZapped.com or one of the major
sub-category pages as provided above,; (2) copy, modify, or
display the Brain Zapped! name, logo, text, or graphic
images in any way; or (3) redeliver any of the
pages/text/images/content of the Brain Zapped! web site
using "framing" technology.
Disclaimer of Warranty and
Limitation of Liability
Brain Zapped! makes no representations about the
suitability, reliability, availability, timeliness, lack of
viruses or other harmful components, and accuracy of the
information, products, services, related graphics, and all
other content found on this web site. All such information,
products, services, related graphics, and all other content
found on this web site are provided "as is" without any kind
of warranty. Brain Zapped! hereby disclaims all warranties
and conditions with regard to such information, products,
services, related graphics, and all other content found on
this web site, including all implied warranties and
conditions of merchantability, fitness for a particular
purpose, title, and non-infringement.
In no event shall Brain
Zapped! be liable for any direct, indirect, punitive,
incidental, special, consequential, or any other type of
damages arising out of or in any way related to the use or
performance of the Brain Zapped! web site, the provision of
or failure to provide services, or for any information,
products, services, related graphics, and other materials
obtained through the Brain Zapped! web site, or otherwise
arising out of the use of the Brain Zapped! web site,
whether based on contract, tort, negligence, strict
liability, or otherwise, even if Brain Zapped! has been
advised of the possibility of such damages.
Please note that because
some states/jurisdictions do not allow the disclaimer of
certain warranties and/or the exclusion or limitation of
liability for certain types of damages, some of the
preceding disclaimer, exclusion, and limitation may not
apply to you. In such event, please see the section below
entitled "Restriction on Use Based on Location."
Amendments to These Terms
and Conditions of Use
From time to time, it may be necessary for Brain Zapped!
to amend these Terms and Conditions of Use. You are
responsible for regularly reviewing these Terms and
Conditions of Use so that you will be aware of any changes.
Please note that your continued use of this web site means
that you accept the amendments to these Terms and Conditions
of Use.
Governing Law
This agreement and its performance are governed by the
laws of the State of Texas and the United States of
America without regard to any conflicts of law provisions.
You agree to submit to the exclusive jurisdiction of the
state and federal courts located in the City & County of
Dallas, State of Texas, United States of America, for
all disputes and issues regarding your use of this web site
and your compliance with these Terms and Conditions of Use.
Restriction on Use Based on
Location
Use of this web site is unauthorized in any jurisdiction
that does not give effect to all provisions of these Terms
and Conditions of Use.
Accessing the web site in
Countries Other Than the United States
Brain Zapped! makes no claims regarding the legality of
viewing or downloading the content of this web site in any
country other than the United States. Anyone who accesses
this web site in a country other than the United States does
so at his or her own risk.
Violation of These Terms
and Conditions of Use
If Brain Zapped! determines that you have violated any
provision of these Terms and Conditions of Use, Brain
Zapped! has the right, in its sole discretion, to pursue any
and all of its legal remedies.
Indemnification
You agree to defend, indemnify, and hold harmless Brain
Zapped! and its officers, directors, employees, and agents
from and against any and all claims arising from your use of
the web site.
Severability
If any provision of these Terms and Conditions of Use is
held to be invalid or unenforceable, the validity and
enforceability of the other provisions of these Terms and
Conditions of Use will remain unaffected.
Headings
The headings in these Terms and Conditions of Use are
included solely for convenience and will not limit or
otherwise affect these Terms and Conditions of Use.
Entire Agreement
These Terms and Conditions of Use and any other policies
and/or guidelines referred to herein constitute the entire
agreement between you and Brain Zapped! regarding this web
site, and supersede all other prior or concurrent oral or
written letters, agreements, or understandings related to
this web site.
Contact Us
If you have any questions or comments, we can be contacted
by
http://www.BrainZapped.com/Content/contact/contact.htm
COPYRIGHT AND TRADEMARK
NOTICES:
All contents of the Brain Zapped! Web Site are: Copyright
©Brain Zapped! and/or its suppliers. All rights reserved.
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