1kg Mindball Game Headband and Multiplayer
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WITHOUT LIMITING ANY OTHER REMEDIES, IP MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO IP SERVICES OR PORTIONS THEREOF IF YOU ARE, OR IP 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 IP 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. IP RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS. IP reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, IP shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
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IP owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in IP games. 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 goods or currency appearing or originating in any IP game, whether earned in a game or purchased from IP, or any other attributes associated with an Account or stored on the Service.
IP assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. If at any time IP chooses, in its sole discretion, to monitor the Service, IP nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. IP 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. IP shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. IP 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 IP violates these Terms of Service.
You hereby grant to IP an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, 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, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to IP the right to authorize others to exercise any of the rights granted to IP under these Terms of Service. You further hereby grant to IP the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. IP does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. IP has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
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 IP games. IP reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with IP to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting IP access to any password-protected portions of your Account. 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.
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sub licensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or diamonds, all for use in IP games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way. IP may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. IP shall have no liability to you or any third party in the event that IP exercises any such rights. The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to IP, another user or any third party. ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in IP games is a service provided by IP that commences immediately upon acceptance by IP of your purchase.
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You understand that the Service is an evolving one. IP may require that you accept updates to the Service and to IP’s games you have installed on your computer. You acknowledge and agree that IP may update the Service and IP games, 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 IP’s Games.
WITHOUT LIMITING IP’S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. IP DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IP SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IP SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO IP IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO IP DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND IP’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH IP 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. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that IP may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of IP’s liability shall be the minimum permitted under such applicable law. You agree to indemnify, defend and hold IP harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
If a dispute arises between you and IP, we strongly encourage you to first contact us directly to seek a resolution by contacting us at email@example.com You agree that all disputes between you and IP shall be governed by the laws of Sweden, without regard to conflict of law provisions. You agree that any claim or dispute you may have against IP must be resolved exclusively by a court located in Stockholm, Sweden.
IP may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
You acknowledge that the rights granted and obligations made under these Terms of Service to IP are of a unique and irreplaceable nature, the loss of which shall irreparably harm IP and which cannot be replaced by monetary damages alone so that IP 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 IP 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 (if any).
IP shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of IP, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond IP’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
WITHOUT LIMITING IP’S LIABILITY UNDER SECTION 7 BELOW, THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
IP SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE PRODUCTS THEMSELVES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IP SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO IP IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that IP may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of IP’s liability shall be the minimum permitted under such applicable law. You agree to indemnify, defend and hold IP harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Products, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
IP owns the exclusive rights in the concepts, designs, patents, trademarks, trade names, company names, and any other related intellectual property rights (hereinafter referred to as the “Intellectual Property”) used in connection with the Products but for the Muse headband and hard case, which intellectual property belong to InteraXon Ltd. and the BrainLink headband, which intellectual property belongs to Macrotellect Ltd. IP grants no rights to any of the Intellectual Property. You shall, in no manner, and under no circumstances, present, display or otherwise represent the Products as if you have any interest in the Intellectual Property thereto. In addition, you shall not register any part of the Intellectual Property in any country as if the Intellectual Property were yours. You understand that its unauthorised use or registration of the Intellectual Property, or of any intellectual property that is confusingly or deceptively similar to the Intellectual Property, will be deemed an infringement on the IP’s or InteraXon’s exclusive Intellectual Property rights.
If a dispute arises between you and IP, we strongly encourage you to first contact us directly to seek a resolution by contacting us at firstname.lastname@example.org You agree that all disputes between you and IP shall be governed by the laws of Sweden, without regard to conflict of law provisions. You agree that any claim or dispute you may have against IP must be resolved exclusively by a court located in Stockholm, Sweden.
IP collects information as described below. IP’s primary goals in collecting and using information is to create your account, provide Services to you, improve our Service, contact you, conduct research and create reports for internal use. We may store information on servers and equipment located in any country in the world.
While you are browsing IP’s Sites, your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language and referring Web site addresses may be logged automatically. We may use this information to monitor, develop and analyze your use of the Service. In addition, we may ask you to submit and we may process data that is personal to you, including but not limited to your name, profile photo, gender, age or birthday, links to your profiles on social networking websites and other third party sites, user names and e-mail and mail addresses. We may use this information to create a user profile and provide you services. We may use your email address to contact you about your experience with IP Sites and notify you about company news and promotions. Your gender and birthday may be used to analyze user trends and target certain promotions. Your mail address may be used if we have merchandise or other physical promotional materials that we want to send to you. If you no longer wish to receive these types of promotional materials, you may opt-out from receiving them at any time by emailing us at email@example.com.
Our Web site may offer publicly accessible blogs, private messages, or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at firstname.lastname@example.org. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you choose to use Facebook connect to use our blog or community forums, the information you provide is tied to your Facebook account. You will need to contact Facebook directly in order to request removal of personal information from our blog or community forum.
When you use any of the IP games or applications on a mobile platform, we may collect and record certain information such as your unique device ID (persistent / non-persistent), hardware type, media access control (“MAC”) address, international mobile equipment identity (“IMEI”), the version of your operating system (“OS”), your device name, your email address (if you have connected to Facebook or Google+), and your location (based on your Internet Protocol (“IP”) address). This information is useful to us for troubleshooting and helps us understand usage trends. We may collect your location-based information for the purpose of providing you with the correct version of the application and so you may interact with other users of the game. We will not share this information with any third party without your permission. If you no longer wish to allow us to track or use this information, you may turn it off at the device level. Please note, the application may not work properly if we are unable to tell where you are coming from (Country specific). In addition, we create a unique user ID to track your use of our Service. This unique user ID is stored in connection with your profile information to track the IP games you are playing.
You may be able to log in to our site using sign-in services (“SN Service”) such as Facebook Connect, LinkedIn, Apple’s Game Center, or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name, email address, and resume to pre-populate our sign-up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network. We may collect and record information through the SN Service in accordance with the policies and terms of that SN Service. The information we collect when you connect your user account to an SN Service may include: (1) your name, (2) your SN Service user identification number and/or user name, (3) locale, city, state and country, (4) sex, (5) birth date, (6) email address, (7) profile picture or its URL, and (8) the SN Service user identification numbers for your friends that are also connected to IP’s game(s). If you want us to delete the data we receive from Facebook, Game Center or Google+ about you, please contact us at email@example.com.
IP may offer you the opportunity to invite your contacts from a SN Service (such as your Facebook friends) so that those contacts can be located in IP games and/or you can invite them to join you in IP games. Such contact information will be used only for the purpose of sending communications to the addressee. You or the third party may contact us at firstname.lastname@example.org to request the removal of this information from our database to the extent IP stores any of this information.
We may collect your email address when you contact our customer service group and we may use that email address to contact you about your gaming experience with IP games and notify you about company news and promotions. If you no longer wish to receive certain email notifications, you may opt-out at any time by following the unsubscribe link located at the bottom of each communication or by emailing us at email@example.com.
We may occasionally send you push notifications through our mobile applications to send you game updates, high scores and other service related notifications that may be of importance to you. You may at any time opt-out from receiving these types of communications by turning them off at the device level through your settings.
Whenever you play our games, we collect data about all of your interactions with the game and with the other players inside the game via server log files. This information may be associated with your player ID, IP address or device ID for the purpose of providing you our Services and improving them. With your permission, we will also collect your exact location so that we are able to match you with other players in your area.
We may also acquire information from you through (1) your access and participation in message boards on the Service, (2) your participation in surveys regarding the Service or (3) your participation in a sweepstakes or contest through the Service. We may provide you the opportunity to participate in a sweepstakes or contest through our Service. If you participate, we will request certain personal information from you. Participation in these sweepstakes and contests are voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). We use this information to notify winners and award prizes, to monitor traffic or personalize the Service. We may use a third-party service provider to conduct these sweepstakes or contests; that company is prohibited from using your users’ personal information for any other purpose.
We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your device. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personal information you submit within the mobile application.
We may feature advertising within our Service. The advertisers may collect and use information about you, such as your Service session activity, device identifier, MAC address, IMEI, geo-location information and IP address. They may use this information to provide advertisements of interest to you. Please refer to our list of partners within the Services and for more information on how to opt out at: http://www.IP.net/partner-opt-out. In addition, you may see our games advertised in other services. After clicking on one of these advertisements and installing our game, you will become a user of our Service. In order to verify the installs, a device identifier may be shared with the advertiser.
We use information collected through our Service for purposes described in this Policy or disclosed to you in connection with our Service. For example, we may use your information to:
IP does not share your personal information except as approved by you or as described below:
IP takes reasonable measures to protect your information from unauthorized access or against loss, misuse or alteration by third parties. Although we make good faith efforts to store the information collected on the Service in a secure operating environment that is not available to the public, we cannot guarantee the absolute security of that information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining access to this information. We do not warrant or represent that your information will be protected against, loss, misuse, or alteration by third parties. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.
If your personal information changes, or if you no longer desire our service, you may correct, update, or delete inaccuracies by making the change within your account settings or by contacting us firstname.lastname@example.org. We will respond to your access request within 30 days.
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at email@example.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to use our Service. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 should provide any personal information. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 13, please contact us at firstname.lastname@example.org.
You may opt-out of receiving promotional emails from us by following the instructions in those emails by emailing us at email@example.com. If you opt-out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations. You may also opt-out of receiving SMS notifications from us, either via SMS or by emailing us at firstname.lastname@example.org.
We may transfer information that we collect about you to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. Please note that these countries and jurisdictions may not have the same data protection laws as your own jurisdiction, and we take steps to ensure adequate safeguards are in place to enable transfer of information to the U.S. and elsewhere and the use and disclosure of information about you, including personal information, as described in this Policy.
Interactive Productline IP AB, Järnvägsgatan 36, 131 54 Nacka, Sweden. If you have any questions about this Policy, please contact us at email@example.com