Conditions Of Usage
Thank you for using one of our websites. Use of these sites or material indicates that you have read, understood and accepted, without limitation or qualification, all aspects of these terms and conditions.
BrainBashers™ is a trademark and the BrainBashers team runs these websites and is referenced as 'We', 'Our' and 'Us' in this document. The BrainBashers team currently has just Kevin Stone as a member.
If you do not agree with any of the terms, then please feel free to leave the site. We may, at our 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.
Important Note: We try to ensure that the games and adverts are suitable, however, we can offer no guarantee that mistakes will not be made, or unsuitable content not noticed. None of our material is targeted at any specific age group, but in our opinion:
- BrainBashers has content suitable for all ages.
[Puzzle & Illusions website - www.brainbashers.com]
- BrainBashers Games has content that is suitable for older children, perhaps 13+. This is due to the nature of some of the games, and the adverts that might be shown.
[Games website - www.brainbashersgames.com]
- Many of the games on the BrainBashers Games website feature a high score system where players may enter their names against their score. We cannot be held responsible for anyone abusing this system, and we have no control over the content. Also, if you enter your details into a game, then your details might be used by a third-party.
Parents, teachers and guardians are responsible for checking the content of every page they allow children in their care to visit on the Internet. All content should be vetted before allowing their children to see that content, including content found on BrainBashers and BrainBashers Games.
The entire collection of BrainBashers Internet websites, including puzzles and Sudoku, is protected by international copyright laws under the Berne convention ruling of 1971. There is no requirement on our part to do anything other than produce the puzzles on the website, copyright in all countries is automatically assigned to us upon publication. However, you are allowed to use BrainBashers material under certain conditions.
We claim all intellectual rights and copyright to the format of the names BrainBashers™, Puzzles4U, BrainTracker and BrainBat, the design and implementation of the Sudoku assistant, the design of the sites and all graphics contained within excluding a) images with an author attributed, b) the optical illusions, most of which we believe lie in the public domain (although we have re-created the images and hence the images must not be copied) and the remaining are used with permission, and c) any images that don't require a credit due to their licence (e.g. public domain).
We also claim copyright to the puzzles, Sudoku and other material marked as such. We claim copyright to the game ideas behind 'Word Wibble' and 'List Of Numbers'. We 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. We reserve all rights. The fact that we do not claim copyright to certain puzzles does not mean that we do not own copyright. We request that written permission is sought before using any puzzles that we have copyrighted, permission is usually given as long as we are attributed with the ownership of copyright and the puzzles are used for non-commercial gain. Search engines are regularly used to check for unauthorised use of copyrighted material. Permission is easy to obtain, click here for details. If other information from within these sites is copied, the correct permissions should be sought from the relevant owner(s).
Some of the puzzles and illusions within this site have come from external sources, many of which we believe lie in the public domain and we place them within this site so that enthusiasts may enjoy them. Some usage constitutes 'Fair Use' of their respective sources. Best effort is taken not to use copyrighted material without permission, however, on very rare occasions, material might be used where we have been unable to source ownership. We make no claim to such material and we will remove any content at the copyright owner's request, alternatively, we will credit the author accordingly. This material may still be subject to copyright laws and we give no rights for its redistribution and you must refrain from doing so.
We have written permission to use every game that appears on BrainBashers or BrainBashers Games.
We authorise you to view, upon an Internet HTML browser, the material on our websites 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 us. 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 one of the BrainBashers websites in a way deemed to be outside the expectations of normal web browser activity, will be considered a hacking attempt.
We 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 our sites. All company names, copyrights, logos, trademarks, product names, or service marks that appear at our sites are the property of their respective owners.
Disclaimer Of Damages
Use of these websites or material is, at all times, "at your own risk." If you are dissatisfied with any aspect of the websites, any of these terms and conditions or any other policies, your only remedy is to discontinue use of the website.
We take sensible precautions to protect any data provided to us, however, we can never guarantee this data will be protected against all attempts to access it illegally.
In no event shall we, 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 these websites or the material upon these sites, 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 that we have control of, within these sites, are purely our opinion and we intend no malice against any person, religion, country, etc. Any resemblance to persons, places or events either past or present is purely coincidental.
We are not be liable for direct, indirect or consequential damages or for any loss of revenue, profits or data arising in connection with using these sites or material, including, but not limited to, medical, physical and psychological effects. The information contained within these websites 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.
We, 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. We make no warranty about the accuracy or reliability of the material, services, text, graphics, and/or links. We do not warrant that the websites will operate error-free or that these websites, adverts or their 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 these websites or the material on these sites results in the need for servicing or replacing equipment or data, we are 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.
Some of the games might have flashing lights or flashing images. None of the games involve real money and are provided for entertainment purposes only.
Some pages/puzzles/illusions offer a print option, clicking this link will load a new window with a special version of the page/puzzle/illusion that will call your browser's print option.
Linking To BrainBashers
If you would like to link your website to one of the BrainBashers websites, please freely bookmark or add links to any page contained within this website provided that the site does not appear inside any frames. You may not embed BrainBashers content within another web page, using any method, including an iFrame.
Links to Third-Party Sites
We are only responsible for the pages within this domain. Some games are marked as being part of BrainBashers or BrainBashers Games otherwise they are external links, however, even games that are part of BrainBashers or BrainBashers Games may still be third party websites and/or 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. We are not responsible for the content of linked third-party sites and we 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.
The sites, at times, may contain a public Discussion Forum. Due to the nature of a forum, we cannot be held responsible for anything that appears within the messages. The forum is moderated by us on a weekly basis and offending material will be removed. It is possible that you might find 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.
High Score Systems
Many games feature a high score system. Due to the nature of the systems, we cannot be held responsible for anything that appears within the scores. If is possible that you might find material that may be vulgar, defamatory, inaccurate, harassing, hateful, threatening, invading of others privacy, sexually oriented, or violates laws.
At times, the sites carry links to third-party items that are for sale. We have no control over these items and their appearance on our sites is not an endorsement. Your contract of sale is with the third-party and we are in no way liable for any aspect of your purchase. You are advised to check the details on the third-party site before entering into a contract of sale. The information that appears on our sites may bear no resemblance to the information that appears on the third-party site, including, but not limited to, the price.
The sites will carry, at our discretion, adverts in varying forms (e.g. banners, skyscrapers, etc). These adverts are from a third-party site, the purpose of which is to present you with an advertisement for a product/service. We are not responsible for any content or activity as these are third-party sites and we can not know the effect of clicking an advert. All adverts are provided solely as a convenience to you and not as an endorsement of the contents on these adverts. We are not responsible for the content of linked advert sites and we do not make any representations regarding the content or accuracy of materials on such advert websites. Many advert sites offer other adverts and downloads and you are advised to check such offerings before accepting them. Some of the adverts might have flashing lights or flashing images.
By using our sites 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. We'll 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.
The BrainBashers website also uses other third-party advertising networks certified by Google (a list of which can be seen here https://www.google.com/adsense/support/bin/answer.py?answer=94149). You may visit any of those websites to opt out of their cookies, if the vendor or ad network offers this capability. You can opt out of some, but not all, of these cookies in one location at the Network Advertising Initiative opt-out website at http://www.networkadvertising.org/managing/opt_out.asp.
As with most other websites, we collect and use the data contained in log files. The information in the log files includes your IP (internet protocol) address, your ISP (internet service provider, such as AOL or BT), the browser you used to visit our site (such as Internet Explorer or Firefox), the time you visited our site and which pages you visited throughout our site. The log files do not contain your name or email address.
Any information submitted to us via the feedback form may be quoted to a third party, and may also be quoted in a public forum (your name and other identifying information, including your 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.
We may also use this information to determine website user demographics or to contact you with information that we deem relevant to your enquiry. Unsolicited, unrelated emails will ever be sent.
As part of the registration process we collect your name, email address and country. Your email address will only be used to send an optional daily email and the occasional, optional, email containing news about BrainBashers or BrainBashers Games, and any emails required as part of the registration/confirmation process. You are under no obligation to enter your real details.
The names, countries and answers of competition entrants may be posted to the website or public newsgroups at our discretion. Search engines may then index the site and your name appear in their listings. Entry into a contest indicates your permission to use your details in this way. Entry into a contest permits us to send a limited number of emails regarding the contest and related activities, including entry confirmation, contest results and reminders. Subscription to the Daily Gubbins gives us permission to send a daily email that contains, amongst other things, a puzzle, a Sudoku, a game link, and occasional extra items of interest.
Any geographical information posted to us via a postcard or Christmas card may appear on the BrainBashers or BrainBashers Games website, however, this will not include your name or full address, simply your town and country.
We never sell any of your personal information to third parties.
Contests & Prizes
All contests are free to enter and generally don't have prizes.
By entering a contest you are confirming you have read, understood and agreed with its rules.
Our decision is final in determining the winner of each contest and no correspondence will be entered into on this matter. Any entry may be disallowed without reason or discussion. We may disallow entries, or change the name, where the entrant's name appears to be made up.
Our sites 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. If for some reason the prize isn't available, there is no alternative offered. It is also at our 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 will need to be passed to the company sponsoring the contest so that they can despatch the prize, the winner will receive an email requesting permission to pass on their details.
For any number of reasons the rules we actually use might not match the rules visible on the site, and we are under no obligation to reveal the rules we've used. Rules may be changed at any point, before, during or after a contest, and the rules in place at the time of scoring will be used to determine the outcome of the contest. The contest might be re-scored at any point and the rules in place at that time will be used. In the event of a tie, the winner(s) will be chosen at random.
A contest usually ends when the next one begins, which may be at any time during the month and not necessarily at the time stated on the contest.
In all instances and in all matters our decision is final.
Any material submitted to BrainBashers is also subject to the submission terms and conditions.
User Registration System
When registering with the system you are given options to receive a daily email and/or occasional news items associated with the BrainBashers websites. You are expected to look after your username and password and not to divulge them to anyone else. Although the BrainBashers log in uses a secure connection, we recommend that you do not use a password that you have used anywhere else. Multiple people must not access the system via a single ID. To unsubscribe you can either log in first and then select the appropriate option from your user page, alternatively you can click the relevant link in the Daily Gubbins. If you run some form of anti-spam system, then please add BrainBashers. If your system automatically emails us every time you receive the Daily Gubbins (e.g. inbox full) your account may be suspended or your email address may require re-confirmation.
We reserve the right to stop publishing our websites or any of their parts or to make changes to their content or their policies at any time without notice. We also reserve the right to restrict access to any part of any site, to anyone, for any reason, at our discretion. There may be technical problems or adjustments from time to time that do not allow the sites to operate correctly.
No items may be copied from these sites without prior written permission from the copyright holder, this includes, but is not limited to: puzzles, games, optical illusions, images, site designs.
The BrainBashers team - April 2013.