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Conditions Of Usage
Thank you for using BrainBashers. Use of this site or material indicates that you have read, understood and accepted, without limitation or qualification, all aspects of these terms and conditions. If you do not agree with any of the terms, then please feel free to leave the site. I may, at my sole discretion, modify or revise these terms at any time by updating this web page. You are bound by any such modification or revision and should therefore visit this page periodically to review the terms.
The entire BrainBashers Internet website, including puzzles and Sudoku, is protected by international copyright laws under the Berne convention ruling of 1971. There is no requirement on my part to do anything other than produce the puzzles on the website, copyright in all countries is automatically assigned to me upon publication. However, you are allowed to use BrainBashers material under certain conditions. I claim all intellectual rights and copyright to the format of the names BrainBashers™, Puzzles4U™, BrainTracker™ and BrainBat™ (which are all trademarks), the design and implementation of the Sudoku assistant, the design of the site and all graphics contained within, with the exception to the playing card graphics (which are subject to GPL restrictions) and the optical illusions, most of which I believe lie in the public domain and the remaining are used with permission (although I have re-created the images and hence the images must not be copied). I also claim copyright to the puzzles, Sudoku and other material marked as such. I claim copyright to the game ideas behind 'Word Wibble' and 'List Of Numbers'. I also claim copyright to the design and implementation (but not necessarily the game itself) of the following games: Hangman, Wassat?, Whosat?, Wheresat?, Battle Ships, Tower of Hanoi, Brain Slider, Higher / Lower, Cross Colours, Think of a Number and Brain Buggle. All other games are copyrighted by their relevant owners and are used with permission. Copyright to all other material remains with the copyright owner. I reserve all rights. The fact that I do not claim copyright to certain puzzles does not mean that I do not own copyright. I request that written permission is sought before using any puzzles that I have copyrighted, permission is usually given as long as I am attributed with the ownership of copyright and the puzzles are used for non-commercial gain. Google is regularly used to check for unauthorised use of copyrighted material. Permission is easy to obtain, just look here for details. If other information from within this site is copied, the correct permissions should be sought from the relevant owner. Some of the puzzles and illusions within this site have come from external sources, I believe that they lie in the public domain and I place them within this site so that enthusiasts may enjoy them. Best effort is taken not to use copyrighted material without permission, however, on very rare occasions, material might be used where I have been unable to source ownership. I make no claim to such material and I will remove any content at the copyright owner's request, alternatively, I will credit the author accordingly. This material may still be subject to copyright laws and I give no rights for its redistribution and you must refrain from doing so. I authorise you to view, upon an Internet HTML browser, the material on this website solely for your personal, non-commercial use. Electronic storage of the material is expressly forbidden. You may not sell or modify the material or reproduce, display, distribute, or otherwise use the material in any way for any public or commercial purpose without the written permission of the copyright owner. If you would like information about obtaining permission to use any of the material, please contact me. If you are to violate any of these terms, your permission to use the material automatically terminates and you must immediately destroy any copies you have made of the material. Attempt to access BrainBashers in a way deemed to be inappropriate will be consider a hacking attempt. I do not grant or transfer to you or anyone any expressed or implied right under any patents, copyrights, or trademarks by permitting you to download the contents of this site. All company names, logos, trademarks, product names, or service marks that appear at this site are the property of their respective owners.
Use of this website or material is, at all times, "at your own risk." If you are dissatisfied with any aspect of the website, any of these terms and conditions or any other policies, your only remedy is to discontinue use of the website. In no event shall I, the website, or its suppliers, be liable to any user or third party, for any damages whatsoever resulting from the use or inability to use this website or the material upon this site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the website is advised of the possibility of such damages.
All words within this site are purely my opinion and I intend no malice against any person, religion, country, etc. Any resemblance to persons, places or events either past or present is purely coincidental. I am not be liable for direct, indirect or consequential damages or for any loss of revenue, profits or data arising in connection with using this site or material, including, but not limited to, medical, physical and psychological effects. The information contained within this website is provided 'as-is', without warranties as to its accuracy whether expressed or implied and is intended for entertainment purposes only. The wording of any puzzle, or other content, is not an endorsement of said wording. The puzzles and their answers are not guaranteed to be free of factual or calculation errors and hence may not be correct. You are advised to independently verify the puzzles and the corresponding solutions before relying upon them. I, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third-party rights. I make no warranty about the accuracy or reliability of the material, services, text, graphics, and/or links. I do not warrant that the website will operate error-free or that this website or its server is free of computer viruses or other harmful items. You are advised to ensure that your computer has all of the latest patches, virus scanners, spyware detectors and any other software that helps to protect it. If your use of this website or the material on this site results in the need for servicing or replacing equipment or data, I am not responsible for those costs.
Some of the optical illusions might confuse your senses and lead to possible nausea. If this happens, simple cover one eye and view a different illusion, closing your eyes might actually make the nausea worse.
If you would like to link your website to BrainBashers, please freely bookmark or add links to any page contained within this website provided that this site does not appear inside any frames. You may not embed BrainBashers within another web page, using any method, including an iFrame.
I am only responsible for the pages within this domain and these pages are suitable for the youngest of users and this site has been rated as such. Some games are marked as being part of BrainBashers otherwise they are external links, however, even games that are part of BrainBashers may still be third party websites and contain external links. All of the 'Fun Sites' are external links. All external links are provided solely as a convenience to you and not as an endorsement of the contents on these third-party websites. I am not responsible for the content of linked third-party sites and I do not make any representations regarding the content or accuracy of materials on such third-party websites. Many third-party sites offer adverts and downloads and you are advised to check such offerings before accepting them. Parents, teachers and guardians are responsible for analysing the content of all pages their children may visit whilst using the Internet.
The site, at times, may contain a public Discussion Forum. Due to the nature of a forum, I cannot be held responsible for anything that appears within the messages. The forum is moderated by myself on a weekly basis and offending material will be removed. However, the possibility remains of material that may be vulgar, defamatory, inaccurate, harassing, hateful, threatening, invading of others privacy, sexually oriented, or violates laws. If you wish to use the forum, you do so at your own risk. It is the responsibility of guardians to make sure their children do not access the forum without their permission.
Many of the games on BrainBashers feature a high score system where players may enter their names against their high score. I cannot be held responsible for anyone abusing this system, and I have no control over the content.
At times, the site carries links to third-party items that are for sale. I have no control over these items and their appearance on this site is not an endorsement. Your contract of sale is with the third-party and I am in no way liable for any aspect of your purchase. You are advised to check the details on the third-party site before entering in to a contract of sale. The information that appears on this site may bear no resemblance to the information that appears on the third-party site, including, but not limited to, the price.
The site will carry, at my discretion, adverts in varying forms (e.g. banners, skyscrapers, pop-unders, in-vues, interstitials, etc). Clicking on these adverts will load a third-party site, which I have no control over, the purpose of which is to present you with an advertisement for a product/service. You are advised to view the information available, before making a commitment of any kind or contacting the advertiser. I am not responsible for any content or activity as these are third-party sites. You are given the option of removing an advert as required.
By using this site or material you agree to defend, indemnify, and hold harmless the website, its officers, directors, employees and agents, from any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the material or your breach of the terms of this agreement. I provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. This agreement constitutes the entire agreement that you agree to be bound by. These terms and conditions shall be governed by the laws of England and the courts of England shall have exclusive jurisdiction in all matters arising.
Any information submitted to me via the feedback form may be quoted to a third party, and may also be quoted in a public forum (your identity and email will remain private). In addition, information received after an exchange of emails initiated by the feedback form may also be used in this way. Use of the feedback system indicates your permission. I may also use this information to determine website user demographics or to contact you with information that I deem appropriate. The names and countries of competition entries may be posted to the website or public newsgroups at my discretion. Search engines may then index the site and your name appear in their listings. Entry into a contest indicates your permission. Entry into a contest permits me to send a limited number of emails regarding the contest and related activities, including confirmation, results and reminders. Subscription to the Daily Gubbins gives me permission to send emails that contain, amongst other things, a puzzle, Sudoku and a game link. Any geographical information posted to me via a postcard or Christmas card may appear on BrainBashers, however, this will not include your name or full address, simply your town. BrainBashers has contracted with ValueClick to monitor certain pages of the website for the purpose of reporting website traffic, statistics, advertisement 'click-throughs', and/or other activities on our website. Where authorized by BrainBashers, ValueClick and its business partners may use cookies, web beacons, and/or other monitoring technologies to compile anonymous statistics about our website visitors. No personally identifiable information is collected by or transferred to any party other than the Advertiser. For more information about how the information is collected and used by ValueClick, please see ValueClick's privacy policy at http://www.valueclickmedia.com/member_privacy.shtml. You may opt out from such information collection by visiting NAI's opt out page at http://www.networkadvertising.org/managing/opt_out.asp. BrainBashers also uses Google for some of its adverts, and as a third-party vendor, Google uses cookies to serve ads on BrainBashers. Google's use of the DART cookie enables it and its partners to serve ads to you based on your visit to BrainBashers and/or other sites on the Internet. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at http://www.google.co.uk/privacy_ads.html.
My decision is final in determining the winner of each contest and no correspondence will be entered into on this matter. All contests are free to enter. This site may occasionally offer a prize for a contest from a third party sponsor. Only entries from registered users that were logged in at the time of entry will be eligible for a prize and any entry may be disallowed at my discretion with no requirement for me to give a reason. In the event of a tie, the winner's name will be chosen at random. If for some reason the prize isn't available, there is no alternative offered. It is also at my discretion whether the offer of a prize is withdrawn at any point. No prize can be exchanged for cash or credit. Warranty of any prize lies with the sponsor of the contest. The winner's name, address and other details may be passed to the company sponsoring the contest so that they can despatch the prize. Entry into such a contest indicates your permission. Any contest's rules may be retrospectively changed and the rules in place at the end of the contest will be used to determine the outcome of the contest.
When registering with the system you are given options to receive a daily email and/or occasional news items associated with BrainBashers. You are expected to look after your username and password and not to divulge them to anyone else. Multiple people must not access the system via a single ID. To unsubscribe you must login first and then select the appropriate option from your user page.
I reserve the right to stop publishing this website or any of its parts or to make changes to its content or its policies at any time without notice. I also reserve the right to restrict access to any part of the site, to anyone, for any reason, at my discretion. There may be technical problems or adjustments from time to time that do not allow the site to operate correctly.
No items may be copied from this site without prior written permission from the copyright holder, this includes, but is not limited to: puzzles, games, optical illusions, images, site design. Kevin Stone - May 2010
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