If you violate the Terms of Service, we may terminate any and all accounts you have established at the Site (your “Account(s)”). You acknowledge that Oak Systems Leisure Software Limited the “Company” is not required to provide you notice before it so terminates your Account(s).

SITE CONTENTS.

You are on notice that all materials displayed or performed on the Site (including, but not limited to text, graphics, games, applications, news articles, photographs, images, illustrations, audio clips and video clips, collectively, the “Content”) may constitute our intellectual property and accordingly would be protected by copyright and/or trademark, pursuant to UK laws, international conventions, and other laws. The Site and the Content may only be used in accordance with the Terms of Service. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (unless otherwise provided in the Terms of Service), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site.

You may access the Content, and other items displayed on the Site for personal use only. You shall not store any of the Content in any form from the Site unless otherwise explicitly permitted on the Site. Downloading, copying or storing of any Content is expressly prohibited without the prior written permission from the Company, or from such other copyright holder as may be identified in such Content’s copyright notice. Your use or access of the Site does not grant you any rights in or to the intellectual property of the Company or any third-party.

You agree not to crack or attempt to crack the Site’s flash (.SWF) files. You understand that all patterns, algorithms, and data in the Site’s flash files, and in the servers driving the flash files, are Company’s proprietary information.

REGISTRATION.

When you finish the registration process, you officially become a subscriber to Actibrain.

The Company reserves the right to refuse registration of, or cancel a user at its discretion. Also, subscribers shall be solely responsible for maintaining the confidentiality of passwords to their accounts.

You are solely responsible for all activity on your Account(s) and for the security of your computer systems. You agree to indemnify and hold the Company harmless for any improper or illegal use of your Account(s).

MEDICAL DISCLAIMER

We are not qualified to offer medical advice. For authoritative information, please consult your physician. Our exercises have been designed for recreational purposes. No medical claims are made for these exercises, express or implied. They are not medical devices and should not be used for the treatment of any medical condition. Please consult your physician for any use other than recreational, insofar as the exercises are not intended as a replacement for medical or psychological treatment. If you, or anyone else who will use these exercises, are subject to any form of seizures, epilepsy or visual photosensitivity, are using a pacemaker, suffering cardiac arrhythmia or other heart disorders, currently taking stimulants, tranquilizers or psychotropic medications, specifically including illicit drugs, please consult your physician before using our exercises.

INDEMNITY.

Subscriber will indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and/or employees, harmless, including by paying costs and lawyers/attorneys' fees, from any claim or demand made by any third party due to or arising out of Subscriber’s access to the Site, use of the Services, the violation of the Terms of Use by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's Account(s), of any intellectual property or other right of any person or entity.

CONSENT TO RECEIVE EMAIL.

If you register to use the Site and Services, you hereby consent to receive periodic newsletters and other types of email communications from Company, including customer service issues, new product offers and other matters. You may choose to opt out of certain newsletter and announcement email correspondence; however, Company reserves the right to email you at any time regarding issues related to your account and your use of the Site and Service.

TERMINATION AND REFUND POLICY.

You may terminate certain of the Services at any time by emailing us at support@actibrain.com. Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of the Terms of Service. Any fees paid or accrued hereunder are non-refundable.

COPYRIGHT POLICY.

All information available through and from the Site is the property of the Company and is protected by copyright and other intellectual property laws. All rights reserved.

You may not reproduce, retransmit, disseminate, sell, publish, broadcast, or circulate any information you obtain from the Site without the express written consent of the Company.

PROHIBITED USES.

In addition to the other agreeing to the other clauses in the agreement you are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation,

(a) using the Site or Services to send unsolicited e-mail or product promotions
(b) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
(c) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
(d) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or
(f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Services. Any violation of system or network security may subject you to significant civil and/or criminal liability.