If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at firstname.lastname@example.org, +1 (404) 806-5428, or 1526 DeKalb Ave., Atlanta, GA 30307.
"Services" refers to the Brush Up™ application and any/all of its related websites, products, and services.
"GamesThatWork", "Ourselves", "We" and "Us", refers to GamesThatWork.
"Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Copyright and other relevant intellectual property rights exist on any and all music, imagery, game design, character likenesses, voice, sound effect and text relating to GamesThatWork™ Services and the full content all related websites.
The GamesThatWork™ logo, "GamesThatWork" and "Brush Up" are trademarks of GamesThatWork. All other brand names and specific Services of GamesThatWork featured on our Services are trademarked.
THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL GAMESTHATWORK BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO GAMESTHATWORK IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.
You will indemnify and hold GamesThatWork, its affiliates, officers, agents, and employees, and partners harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity. In the event of such a claim, suit, or action (“Claim”), if you have an account, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
GamesThatWork does not monitor or review the content of other party’s websites which are linked to from our Services. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. GamesThatWork will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Access to Content
The basic Brush Up™ Services are free – that is, we do not charge you for access to our game. However, certain features including bonus content, hardware-enabled functionality, parental reporting and other premium Services offered by GamesThatWork may be provided for a fee or other charge. Please visit the Brush Up™ website at www.brushupgame.com to view the most current pricing for Brush Up™ Services. If you choose to use paid features of the Services, you agree to the pricing and payment terms for such paid features that we will provide to you and that we may update from time to time. GamesThatWork reserves the right to add new Services for additional fees or amend fees for existing features at any time in its sole discretion. Any change to our pricing or payment terms will become effective in the billing cycle following notice of such change and we will notify you of such change if it affects any Services you are then-using. If you do not wish to pay new or modified fees, your sole remedy will be to stop using the Services.
The Brush Up™ Services support up to three child users. If you desire to use the Brush Up™ Services with more than three children, you will need more than one copy of Brush Up.
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time and without notice, in our sole discretion, for any reason (including, but not limited to, an allegation that the Content was contributed in violation of these Terms).
Revisions and Errata
The materials appearing on GamesThatWork™ Services could include technical, typographical, graphic, or audio errors. GamesThatWork does not warrant that any of the materials on its Services are accurate, complete, or current. GamesThatWork may make changes to the materials contained on its Services at any time without notice. GamesThatWork does not, however, make any commitment to update the materials.
You are free at any time to discontinue use of our Services. GamesThatWork also reserves the right to immediately terminate your use of or access to its Services at any time if GamesThatWork decides at its sole discretion that you have breached this agreement or any relevant law, rule or regulation or you have engaged in conduct that GamesThatWork considers to be inappropriate or unacceptable.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect. You and GamesThatWork agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind GamesThatWork in any respect whatsoever.
Any dispute relating to this Agreement shall be submitted to arbitration in the City of Atlanta, State of Georgia, U.S.A., under the rules of the American Arbitration Association. Each party shall bear his or its own costs in connection with any such arbitration. The Arbitrator has the right, in addition to any other relief permitted at law or in equity, to award counsel fees to any party. The award rendered by the Arbitrator in any arbitration under this Agreement is final and binding on the parties. Judgment may be entered on such award in any court having competent jurisdiction. Each party to this Agreement will perform all acts, including the execution and delivery of further documents, as the Arbitrator determines is necessary or desirable to confirm and carry out the terms of the award rendered.
If you have any questions, complaints, or claims with respect to the Services, you may email us at email@example.com, call us at +1 (404) 806-5428, or write to us at GamesThatWork, 1526 DeKalb Avenue, Atlanta, GA 30307.
Last Updated on February 17, 2015
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