TERMS OF SERVICE

The following terms of service and end user license agreement (this “Agreement”) constitute an agreement between you and Mindblown Labs, LLC, and its affiliates (“Mindblown”). These Terms governs your use of Software and Services (as specified below).

For purposes of this Agreement "Software" means all software programs made available by Mindblown including, but not limited to mobile games, downloadable/installable games for personal computer, and games accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials. “Services” means all services made available by Mindblown, including but not limited to services accessed through mobile games, by means of a browser or by other online communication method. Software and Services are collectively referred to as “Mindblown Services” or “Services.”

THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. BY INSTALLING, USING OR ACCESSING THE MINDBLOWN SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE MINDBLOWN SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS AGREEMENT.

1 LICENSES

SOFTWARE LICENSE

Subject to this Agreement and its terms and conditions, Mindblown hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license for your personal non-commercial use for gameplay unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this Agreement. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement is not to be construed as a sale of any rights in the Software.

SERVICE LICENSE

Subject to this Agreement and its terms and conditions, Mindblown hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by Mindblown and to access the Content (as defined below), for your personal non-commercial use, in the manner permitted by this Agreement. The rights granted herein are subject to your compliance with this Agreement.

LICENSE TERM

The term of your licenses under this Agreement shall commence on the date that you accept this Agreement and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or Mindblown's termination of this Agreement. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this Agreement. Mindblown may change, modify, suspend, or discontinue any aspect of the Service at any time. Mindblown may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service without notice or liability. You agree to be bound by any application-, tool- or content-specific rules published within the Service.

CONTENT

Content shall mean the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Software and/or Services, including content supplied by Mindblown, its suppliers, or users.

OWNERSHIP; NO OTHER LICENSES

Mindblown retains all right, title and interest in and to the Mindblown Services, Software, and Content, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Mindblown Services, Software, and Content are protected by applicable laws and treaties throughout the world. The Mindblown Services, Software, and Content may not be copied, reproduced or distributed in any manner or medium, in whole or in part. All rights not expressly granted to you herein are reserved by Mindblown.

2 GENERAL LICENSE CONDITIONS

You hereby agree not to: (i) commercially exploit the Mindblown Services, Software, or Content for any purpose; (ii) lease, license, sell, rent, lend, convey or otherwise transfer the Mindblown Services, Software, or Content, or any copies thereof, or any passwords or usernames of Mindblown Services; (iii) copy, translate, modify, or make derivative works of the Service, Software, or Content or any part thereof; (iv) make the Mindblown Services publicly available or available on a network for use or download by multiple users; (v) except as otherwise specifically provided by the Mindblown Services or this Agreement, use or install the Mindblown Services (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time; (vi) use or copy the Mindblown Services at a computer gaming center or any other location-based site; provided, that Mindblown may offer you a separate site license agreement to make the Mindblown Services available for commercial use; (vii) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Mindblown Services, in whole or in part; (viii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Mindblown Services, Software, or Content, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (ix) misrepresent the source of ownership of the Mindblown Services, Software, or Content; (x) transport, export or re-export (directly or indirectly) into any country forbidden to receive such Mindblown Services or Software by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; (xi) extract, scrape, index, build databases or otherwise create permanent copies of the Mindblown Services, Software, or Content; or (xii) access the Mindblown Services, Software, or Content through any technology or means other than those provided by Mindblown (including without limitation automation software, bots, spiders, or hacks or devices of any kind). The Mindblown Services may include measures to control access to the Mindblown Services, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Only Mindblown Services subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Mindblown Services will not function properly.

You agree that you are responsible for your own conduct and content while using the Mindblown Services, and for any consequences thereof. You agree to use the Mindblown Services only for purposes that are lawful, proper and in accordance with this Agreement and any applicable policies or guidelines Mindblown may make available. By way of example, and not as a limitation, you agree that when using the Mindblown Services, Software, and/or the Content, you shall not:

(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including the rights of privacy and publicity) of others; be obscene, offensive, pornographic, fraudulent, deceptive; or cause embarrassment to any other person as determined by Mindblown in its sole discretion; (b) upload, post, email, transmit or otherwise make available any unlawful, inappropriate, defamatory or obscene content or message; (c) trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be; (d) upload, post, or otherwise make available commercial messages or advertisements, pyramid schemes, or other disruptive notices; (e) impersonate another person or entity; (f) promote or provide instructional information about illegal activities; (g) promote physical harm or injury against any group or individual; (h) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature; (i) allow another person or entity to use your identity in order to access the Service; (j) violate any applicable law, including without limitation any applicable export laws; (k) harvest or otherwise collect information about others, including email addresses; (l) advertise or solicit business; or (m) solicit personally identifiable or personal information from another person.

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered by you in connection with your use of the Service, including without limitation by email to Mindblown (collectively, "Submissions") will be the exclusive property of Mindblown. You agree that unless otherwise prohibited by law, Mindblown may use, sell, exploit, disclose, revise, and delete the Submissions in any manner, including any public manner, without restriction, without compensation to you, and without identifying you as the creator of the Submissions. You represent and warrant that any Submissions are your original creations, that you have all rights to the Submissions, and that the Submissions do not infringe or violate the rights of any party, including without limitation any intellectual property rights or rights or privacy or publicity. You hereby waive any moral rights with respect to Mindblown's and other players' use and enjoyment of such assets in connection with the Mindblown Services and related goods and services under applicable law. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.

The Mindblown Services may require an internet connection to access the Mindblown Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Mindblown Services to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the documentation related to Mindblown Services. By using the Mindblown Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain such accounts, then the Mindblown Services or certain features of the Mindblown Services may not operate or may cease to function properly, either in whole or in part.

Mindblown has several tools that allow you to record and store information in your account.You are responsible for all actions on the Service by you or under your Service password or account and for taking all reasonable steps to ensure that no unauthorized person shall have access to your Service password or account. Without limiting the foregoing it is your sole responsibility to (i) control the dissemination and use of any login code and password; (ii) authorize, monitor, and control access to and use of your Service account and password; (iii) promptly inform Mindblown of any need to deactivate a password. You grant Mindblown and all other persons or entities involved in the operation of the Service the right to transmit, monitor, retrieve, store, and use any information recorded and/or stored in your account in connection with the operation of the Service.

3 INFORMATION COLLECTION AND USE; PRIVACY POLICY

Non-personally identifiable information is information, any single item of which, by itself, cannot be used to identify or contact a Service user, such as demographic information (like age, profession, current location, zip code, or gender). Non-personally identifiable information may also include user IP addresses, browser types, domain names, user name, test results, test scores, survey data, and statistical data involving the use of the Service. We collect non-personally identifiable information during the registration process and also through the use of cookies and log files, as described in our Privacy Policy. One type of non-personally identifiable information that we collect is aggregate information regarding overall server/visitor traffic and navigation patterns for the Service, which is collected for basic system monitoring. Web servers collect this type of basic information automatically as part of Web log processes. This tracking helps us improve the design and content of our Service. 

4 DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE MINDBLOWN SERVICES AND/OR CONTENT ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. MINDBLOWN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. MINDBLOWN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE MINDBLOWN SERVICES AND/OR CONTENT WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE MINDBLOWN SERVICES AND/OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE MINDBLOWN SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER MINDBLOWN SERVICES OR THAT ANY ERRORS IN THE MINDBLOWN SERVICES AND/OR CONTENT WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY MINDBLOWN, MINDBLOWN’S LICENSORS AND PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

5 RELEASE AND LIMITATION OF LIABILITY

You forever release, discharge, and covenant not to sue Mindblown, its officers, directors, employees, agents, licensors, or partners from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of Mindblown, its officers, directors, employees, agents, licensors, or partners, or otherwise, in connection with use of the Software, Service, and/or Content or through or as a result of the Software, Service, and/or Content. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.

IN NO EVENT SHALL MINDBLOWN, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, LICENSORS, OR PARTNERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE MINDBLOWN SERVICES AND/OR CONTENT, INCLUDING BUT NOT LIMITED TO ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PRODUCTS OR CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, (V) ANY ERRORS OR OMISSIONS IN ANY PRODUCTS OR CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE PRODUCTS OR CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. FOR PURPOSES OF THIS SECTION, MINDBLOWN’S LICENSORS AND PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS AGREEMENT AGAINST YOU.

IN NO EVENT SHALL MINDBLOWN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR PARTNERS BE LIABLE FOR DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) THAT EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE OR TEN DOLLARS (USD 10), WHICHEVER IS LESS.

6 OTHER TERMS AND CONDITIONS TERMINATION:

This Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and Content and all of its component parts and cease and desist from accessing any Mindblown Services.

No Professional Advice.

The Software, Service and the Content are provided for informational purposes only. MINDBLOWN DOES NOT PROVIDE LEGAL, OR ANY PROFESSIONAL ADVICE NOR DOES THE SERVICE CONSTITUTE THE PRACTICE OF LAW, OR ANY OTHER PROFESSION. Any information provided to you by Mindblown as a result of your participation in the Service is being provided to you solely for your educational and informational benefit and should not be considered legal or professional advice or a substitute for the foregoing. 

EQUITABLE REMEDIES:

You hereby agree that if the terms of this Agreement are not specifically observed, Mindblown will be irreparably damaged, and therefore you agree that Mindblown shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this Agreement, in addition to any other available remedies.

INDEMNITY:

You agree to indemnify, defend and hold Mindblown, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Mindblown Services pursuant to the terms of the Agreement; or (ii) your breach of this Agreement. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.

MISCELLANEOUS:

This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a written document executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected. The failure of Mindblown to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under them will not be construed as a waiver or relinquishment of Mindblown’s right to assert or rely upon any such provision or right in that or any other instance.

GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement will be governed by the laws of California without reference to its choice of law rules. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement (including the Privacy Policy) must be filed within ONE (1) YEAR after such claim or cause of action arose or will be forever barred.

You agree that you shall attempt to resolve any dispute through informal negotiations with Mindblown. Such informal negotiations shall commence upon written notice from one person to the other, and you will send your notice to privacy@mindblown.com. However, if such dispute in not resolved within thirty (30) days, then Mindblown may elect to have the dispute finally and exclusively resolved by binding arbitration, which shall be final and binding. The arbitration will be commenced and conducted under the Streamlined Arbitration Rules and Procedures (the “Rules”) of JAMS, which is available at the JAMS website www.jamsadr.com. 

YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU FURTHER AGREE THAT YOU MAY BRING CLAIMS AGAINST MINDBLOWN ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Contact information

IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT support@mindblownlabs.com

Mindblown Labs

Mindblown Labs (MBL) is an education technology company that creates highly-engaging, mobile social games to help teens and young adults develop financial literacy and other 21st century skills. Our mission is to utilize gaming principles to inspire learning anytime, anywhere. Our first game is focused on financial literacy. Financial illiteracy leads to poor life decisions and, ultimately, poor life outcomes.