Effective from: 22^nd July 2024

INTRODUCTION 

Please read on to learn the rules and restrictions that govern your use of "BrainyGamez" Website and its services (the "Services"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at  support@brainygamez.com. These Terms of Use (the "Terms") are a binding contract between You and Walkingstreet Media Private Limited("Company”, “Walkingstreet", "BrainyGamez" “Website” "we", "our" and "us", “Company”). This is a legally binding agreement, and you should read it carefully. 

By using, or otherwise accessing our Services, you confirm your agreement to be bound by these Terms. If you do not agree with any of these terms, you may not use, or otherwise access our Services. If you are using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy. 

In order to accept the terms and to use the services, you must be at least 18 years of age or an age of majority as per the law of your territory. The services are not intended for users under the Minimum age. If you are not at least the Minimum age, you may not use the services. You must be at least of legal age to access and/or use the Services. 

When you open "BrainyGamez'' website from your browser and start using it, these terms will automatically apply to you. You should make sure that you read them carefully before using the website/service. 

We at Walkingstreet or "BrainyGamez" website never ask you for your personal information such as bank details or ask you to transfer any money to us in any case as all services are free of cost for the user. Please be careful of fraudulent activities. Anyone from Walkingstreet or "BrainyGamez" website along with its employees or associated parties will never ask you for any personal information. 

 We do not offer login or sign up, as we do not store and process your personal data in order to provide you services seamlessly. Certain functions of the product/service will require the product/service to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but "BrainyGamez" Website cannot take responsibility for the website/service not working at full functionality if you don’t have access to Wi-Fi or your mobile data pack has expired or if the mobile operator is not providing you mobile data for whatever reason. This can happen at the start of the quiz/ in between the quiz as well, "BrainyGamez" Website will not be responsible for not working properly if the issue is caused by your WiFi/ mobile data provider. If you’re using the product/service outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the product/service, or other third-party charges. In using the product/service, you are accepting responsibility for any such charges, including roaming data charges if you use the product/services outside of your home territory (i.e., region or country) without turning off data roaming. If you are not the bill payer for the device on which you are using the product/service, please be aware that we assume that you have received permission from the bill payer for using the product/service.  

BrainyGamez Rules:

Below are the rules pertaining to puzzles on BrainyGamez.

i. User have to do all kinds of random stuff in order to solve the puzzle, such as use the answer that might not be obvious at first, or find hidden objects, or spot the difference, or drag n reveal or solve math problems, as the levels increase the questions get tougher and tougher.

ii. User can take as much as time they want, as there is no time bound to solve the puzzle.

iii. It is pertinent and foremost important to note that NO puzzles active on BrainyGamez have Prize money as reward. All puzzles only have Coins as the reward.

iv. It is also pertinent to note that the coins mentioned in point iii are absolutely free. A User can either win the coins through Coin Based Games or We (BrainyGamez) shall give coins to you (User) for free to participate, in case you have fewer coins in your BrainyGamez wallet.

v. This is to be clarified that the Coins are NOT MONEY and cannot be converted into money at any point. These coins are for Coin Based puzzles participation only.

vi. A user will get the reward as Coins ONLY if the user solves the puzzles on BrainyGamez.

vii. BrainyGamez has multiple puzzles active for participation, which user can access one by one after completing each puzzle.

viii. This is utmost important to note that “NO PUZZLES MENTIONED/ACTIVE ON BRAINYGAMEZ REQUIRES A USER TO DEPOSIT ANY MONEY FOR PARTICIPATION”.

ix. That the Participation in any puzzles on BrainyGamez is absolutely free for all its users. There are no In-product purchases.  

Coins Prize distribution:

 

At the end of every puzzle/event, BrainyGamez will give Coins as the reward for solving the puzzle. The Prize can be in form of BrainyGamez Coins.

 

BrainyGamez coins are used as virtual coins and can be used only for participating in the puzzle, use hint, skip level and will be maintained in the Coins wallet. At no point these coins are converted into cash prize money.

 

If the company suspects any abusive activity around any of its programs including but not limited to the – Playing puzzles game, participation or winning, the company will have the sole discretion to take appropriate measures including blocking the user.  In case of any fraudulent activities detected from your end to disrupt, manipulate or hinder the right usage of BrainyGamez Product & its services, the company holds the rights to terminate your access to BrainyGamez without notice.

INTELLECTUAL PROPERTY RIGHTS 

All information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Website Services and products are proprietary property of the Company ("Proprietary Information"). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company and nothing on "BrainyGamez" Website or Services shall be or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User. Certain contents on "BrainyGamez" Website may belong to third party and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on "BrainyGamez" Website. 

You are not allowed to copy, or modify the product/service, any part of the product/service, or our trademarks in any way. You are not allowed to try and attempt to extract the source code of the product/service, and you also shouldn’t try to translate the product/service into other languages, or make derivative versions. 

RESTRICTIONS 

You are expressly and emphatically restricted from all of the following: 

1. Publishing any "BrainyGamez" Website’s material in any media; 

2. Selling, sublicensing and/or otherwise commercializing any "BrainyGamez" Website’s material; 

3. Publicly performing and/or showing any "BrainyGamez" Website’s material; 

4. Using "BrainyGamez" Website in any way that is, or may be, damaging to "BrainyGamez" Website; 

5. Using "BrainyGamez" Website in any way that impacts user access to "BrainyGamez" Website; 

6. Using "BrainyGamez" Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to "BrainyGamez" Website, or to any person or business entity; 

7. Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to "BrainyGamez" Website, or while using "BrainyGamez" Website; 

Certain areas of "BrainyGamez" Website are restricted from access by you and Company may further restrict access by you to any areas of "BrainyGamez" Website, at any time, in its sole and absolute discretion. 

Our services will not be available in certain regions. Do not register or use "BrainyGamez" Website if you are from the below mentioned list of Countries where usage of "BrainyGamez" Website will be restricted: 

a. China & Russia 

Without limitation to any other remedies, Company may delete, suspend, terminate, limit or modify access to the services or any portions thereof if Company suspects or if you have failed to comply with any of the Terms of Use, for any suspected or actual illegal activity, improper use of the Services, with or without any notice to you. Such actions may result in the blocking of your Device ID, information, benefits and use of services. Company is not and will not be held responsible or liable for any information, rankings, benefits and losses incurred, and is under no obligation to compensate you for any of this. 

Company may also discontinue the Services, including, but not limited to, any particular game or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such an event, Company shall not be required to provide compensation to users in connection with such discontinuation or termination of Services. Such actions may also result in disabling of your access to the Services or any part thereof, including any content that may have or was in the process of being submitted. 

NO WARRANTIES  

"BrainyGamez" Website is provided “as is,” with all faults, and Walkingstreet makes no express or implied representations or warranties, of any kind related to "BrainyGamez" Website or the materials contained on "BrainyGamez" Website. Additionally, nothing contained on "BrainyGamez" Website shall be construed as providing consultation or advice to you. 

"BrainyGamez" Website may contain links or connections to third party websites or services that are not owned or controlled by the Company. When you access third party websites or use third party services, you accept that there are risks in doing so, and that the Company is not responsible for such risks. We encourage you to be aware when you leave the Services and do read the terms of use and Privacy Policy of each third party website or service that you visit or utilize. 

The Company has no control over, and assumes no responsibility for the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services/website. In addition, the Company will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service. 

LIMITATION OF LIABILITY  

In no event shall the Company, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of "BrainyGamez" Website, whether such liability is under contract, tort or otherwise, and Company, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of "BrainyGamez" Website. 

We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. 

All information provided by Walkingstreet Media Private Limited on our website, "BrainyGamez" is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on our website

UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF WEBSITE- "BrainyGamez" OR RELIANCE ON ANY INFORMATION PROVIDED ON OUR WEBSITE. YOUR USE OF OUR WEBSITE- "BrainyGamez" AND YOUR RELIANCE ON ANY INFORMATION ON OUR WEBSITE- "BrainyGamez" IS SOLELY AT YOUR OWN RISK. 

Our website, "BrainyGamez" may contain (or you may be sent through our website) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. 

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 

INDEMNIFICATION 

You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:  

1. Your use of and access of the "BrainyGamez" Website Services;

2. Your violation of any term of these Terms or any other policy of the Company; 

3. Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or 

4. any claim that Your use of "BrainyGamez" Website/Services has caused damage to a third party. This defense and indemnification obligation will survive these Terms. 

If any user changes or manipulates the results/output on "BrainyGamez" Website using any unfair, fraudulent means like VPN, etc. then Walkingstreet Limited./"BrainyGamez" Website will not be responsible, rather the user shall be solely responsible for his unlawful act and shall also indemnify "BrainyGamez" Website/ WalkingstreetMedia Private Limited for any or all claims arising out of it to the fullest extent. 

SEVERABILITY  

If any provision of these Terms of Use is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein. 

VARIATION OF TERMS  

We are constantly working to improve the Services which 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 Service. We will try to notify you when we make a material change to the Services that will have an adverse effect on you, but this is not always practical and non-binding. Similarly, we reserve the right to remove any Content from "BrainyGamez" Website at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), at our sole discretion, and without any notice. As we are constantly working to improve our Services, these Terms may need to change along with the Services. When you use any of the services provided by the Company, you will be subject to the rules, guidelines, policies, terms of Use applicable to such service, and they shall be deemed to be incorporated into this terms of use and shall be considered as part and parcel of this terms of use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these terms of use, at any time without any prior written notice to you. It is your responsibility to review these terms of use on regular basis for updates, as we change. Your continued use of "BrainyGamez" Website following the posting of changes will mean that you accept and agree to the revisions. 

If you disagree to the new Terms, you have the option to reject them; however, you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes described here, no other amendments or modifications of these Terms will be effective. 

ASSIGNMENT  

The Company shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms. 

ENTIRE AGREEMENT  

These Terms, including any legal notices and disclaimers contained on "BrainyGamez" Website, constitute the entire agreement between the Company and you in relation to your use of "BrainyGamez" Website, and supersede all prior agreements and understandings with respect to the same. 

DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION  

If a dispute arises between you and Walkingstreet, Walkingstreet Media strongly encourages you to first contact Walkingstreet Media directly to seek a resolution by contacting Walkingstreet Media  support@brainygamez.com

The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Gurugram, Haryana, India and you hereby accede to and accept the jurisdiction of such courts. 

NO CLASS ACTIONS 

You and Walkingstreet Media can only bring a claim against each other on an individual basis. 

BY AGREEING TO THESE TERMS OF USE, YOU UNDERSTAND AND AGREE THAT YOU WAIVE THE RIGHT TO A CLASS ACTION AND CAN ONLY BRING CLAIMS AGAINST WALKINGSTREET MEDIA IN YOUR INDIVIDUAL CAPACITY. 

That means: 

Neither you nor Walkingstreet Media may bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; the arbitrator or court cannot combine more than one person’s claim into a single case and cannot preside over any consolidated, class or representative arbitration proceeding (unless you and Walkingstreet Media both agree to change this in writing); and the arbitrator’s or court’s decision or award in one person’s case can only impact the person who brought the claim, not other users of the Services, and cannot be used to decide other disputes with other users. 

EQUITABLE REMEDIES 

You acknowledge that the rights granted and obligations made under these Terms of Use to Walkingstreet Media are of a unique and irreplaceable nature, the loss of which shall irreparably harm Walkingstreet Media and that cannot be replaced by monetary damages alone, so that Walkingstreet Media 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 Services or the games, exploitation of any advertising or other materials issued in connection therewith or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages (if any). 

FORCE MAJEURE  

Walkingstreet Media shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond Walkingstreet’ control such as natural disasters, war, terrorism, riots, embargoes, pandemic, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials. 

PARTNERSHIP 

You agree that your use of the Services does not constitute any joint venture, partnership, employment or an agency relationship between you and Walkingstreet Media as a result of this Agreement. 

If you have any questions or suggestions about the Terms of use, please contact us at  support@brainygamez.com

CONTACT INFORMATION  

Email:  support@brainygamez.com

Address:  402 C, Centrum Plaza, Sector 53, Golf Course Road, Opposite Suncity, Gurgaon 122002 (HR)