These terms and conditions pertain to the website and other digital properties bearing the MindGamer trade name, hereinafter known as the “website”, and govern the use of this website. By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
License to use website
Unless otherwise stated, MindGamer / Futuremedia, LLC and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or screenshots from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Futuremedia LLC’s express written consent.
Restricted / Premium access
Access to certain areas of this website may be restricted. MindGamer / Futuremedia, LLC reserves the right to restrict or un-restrict access to any areas of this website, or indeed this entire website, at Futuremedia LLC’s discretion. Payment terms and prices for the website or any areas of the website are subject to change at Futuremedia, LLC’s sole discretion.
MindGamer / Futuremedia, LLC may provide you with a user ID and password to enable you to access restricted areas of this website or other content or services. You must ensure that any user ID and password are kept confidential.
MindGamer / Futuremedia, LLC may disable any user ID and password at Futuremedia LLC’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to MindGamer / Futuremedia, LLC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to MindGamer / Futuremedia, LLC the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or MindGamer / Futuremedia, LLC or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
MindGamer / Futuremedia, LLC reserves the right to edit or remove any material submitted to this website, or stored on Futuremedia LLC’s servers, or hosted or published upon this website.
Notwithstanding Futuremedia LLC’s rights under these terms and conditions in relation to user content, MindGamer / Futuremedia, LLC does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. MindGamer / Futuremedia, LLC makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, MindGamer / Futuremedia, LLC does not warrant that:
Nothing on this website constitutes, or is meant to constitute, medical or psychological advice of any kind. If you require personal medical advice in relation to any matter pertaining to this website you should consult an appropriate professional.
While many studies indicate that brain training results in improvements in cognitive capacity and/or prevention of age-related and other cognitive decline, no warranty is made as to results pertaining to the use or non-use of this website and its content. Brain training may or may not result in quantitative or qualitative change in cognitive function and these changes are wholly dependent on the individual, his or her specific situation and his or her specific training regimen. No warranty expressed or implied is made regarding the nature of these results.
No specific medical claims are made by this website.
No specific psychological and or other specific mental claims or specific claims regarding cognitive improvements are made by this website.
Limitations of liability
MindGamer / Futuremedia, LLC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
These limitations of liability apply even if MindGamer / Futuremedia, LLC has been expressly advised of the potential loss.
Futuremedia, LLC will not be made liable for any claims regarding user mental or cognitive ability and performance or regarding a your intended, desired or undesired results of using the content of this website or associated content.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Futuremedia LLC’s liability in respect of any:
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Futuremedia, LLC has an interest in limiting the personal liability of its ownership, principals and/or officers. You agree that you will not bring any claim personally against Futuremedia LLC’s principals, officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Futuremedia LLC’s principals, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as MindGamer.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify MindGamer / Futuremedia, LLC and undertake to keep MindGamer / Futuremedia, LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by MindGamer / Futuremedia, LLC to a third party in settlement of a claim or dispute on the advice of Futuremedia LLC’s legal advisers) incurred or suffered by MindGamer / Futuremedia, LLC arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Futuremedia LLC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, MindGamer / Futuremedia, LLC may take such action as MindGamer / Futuremedia, LLC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
MindGamer / Futuremedia, LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
MindGamer / Futuremedia, LLC may transfer, sub-contract or otherwise deal with Futuremedia LLC’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions in addition to the privacy statement constitute the entire agreement between you and MindGamer / Futuremedia, LLC in relation to your use of this website, and supersede all previous agreements and any other website content in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with governing law of Futuremedia’s jurisdiction, and any disputes relating to these terms and conditions will be subject to Futuremedia, LLC’s jurisdiction.
Futuremedia LLC’s contact details
Futuremedia can be contacted at the following address and telephone number:
Futuremedia, LLC 228 Park Ave S 83321 New York, NY 10003