The Terms of Service below are effective for all Users

Last Updated on December 12, 2017


Terms of Service


Please read these Terms of Service ("Terms", "Terms and Conditions") carefully before using neuralplay.com (the “Web Site”) or mobile applications (the “Applications”, collectively referred to as the "Services") operated by NeuralPlay, LLC, a limited liability company organized under the laws of the state of California. ("NeuralPlay", "us", "we", “Company”, or "our").


Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.


By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.


Use of This Application

The information provided through our Services is for entertainment purposes. It is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. User accesses, uses, and relies upon such content at user’s own risk. Please seek the advice of professionals as necessary regarding the evaluation of any content on this application. While some of the applications are intended to be educational in nature, and to be supportive of intellectual development, no specific warranties, claims, or guarantees are made concerning any educational content or neurological effects.


Accounts

To access certain functionalities of some mobile applications of the Services, Users may use Google Play accounts. Google Play Terms and Conditions govern use of Google Play and users are advised to read them prior to use.


Subscriptions

Some parts of the Services may, at NeuralPlay’s sole discretion, be offered on a subscription basis or as an in-app purchase ("Paid Services"). For in-app purchases, payment shall be made through Google Play and refunds will not be issued in any circumstances, except as required by a third-party application platform.  For subscription services, you will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.


At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you or NeuralPlay cancels it. You may cancel your Subscription renewal by contacting Google Play.


A valid payment method, including credit card, is required to process the payment for your Subscription. All payments and subscription services shall be managed through Google Play and the Google Play Store application.


Content

You agree not to post to NeuralPlay’s social media or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:

  • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
  • provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information from other Members;
  • involves commercial activities and/or sales without NeuralPlay’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
  • includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
  • denigrates, ridicules, or demeans another person; or
  • contains a virus or other harmful component.

Intellectual Property

The Services and their original content, features and functionality are and will remain the exclusive property of NeuralPlay and its licensors. NeuralPlay grants users a non-transferable, non-exclusive, revocable, limited-use license for the personal, non-commercial use and enjoyment of the Services. The Services are protected by copyright, trademark, and other laws of the United States, United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of NeuralPlay, LLC.


Third-Party Sites

Our Services use and may contain links to third-party web sites or services that are not owned or controlled by NeuralPlay. NeuralPlay has no control over, and assumes no responsibility for, the availability, content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.


We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.


Indemnification

You agree to defend, indemnify and hold harmless NeuralPlay and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; or b) a breach of these Terms.


Limitation of Liability

No license to the user is implied in these disclaimers. Nothing herein shall be construed as limiting or reducing NeuralPlay’s responsibilities and obligations to clients in accordance with applicable laws and regulations.


In no event shall NeuralPlay, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.


Disclaimer

Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, course of performance, or duration of service.


NeuralPlay, its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service are free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.


We are not responsible for any virus or malware, and related harm, injury and damage, of any nature that your device(s) become in contact with while you are using our Service. 


Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Services. We may experience delays in updating information on the Service. The information found on the Services may contain errors or inaccuracies and may not be complete or current. Products or services may be described inaccurately, or unavailable on the Services and we cannot guarantee the accuracy or completeness of any information found on the Services.


We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.


Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will NeuralPlay ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Services, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by NeuralPlay or any person for whom NeuralPlay is responsible, and even if NeuralPlay has been advised of the possibility of such loss or damage being incurred.


Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.


Governing Law

We will try to solve any disagreements quickly and efficiently. The Terms of Service, and any dispute concerning or relating to the Service or your use of the Service, shall be governed by the laws of the United States and the state of California, without regard to conflict of laws principles, and the exclusive jurisdiction of the state and federal courts of Santa Clara County. Where permitted by applicable law, you agree that any suit brought by you against NeuralPlay shall only be brought in your individual capacity and not as a member of any purported class or representative action.


Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.  


The caption to each Section of these Terms are for convenience of reference only and shall be ignored in the construction or interpretation hereof.


If any term, condition, or provision of these Terms, or the application thereof to any person and/or circumstance, is construed to be illegal, invalid, unenforceable, void, and/or voidable, the legality, validity, and/or enforceability of any of the remaining terms, conditions, provisions, and/or covenants of these Terms, and/or the application thereof to any person and/or circumstance shall not be affected, but shall nevertheless continue in full force and effect.  The illegal, invalid, unenforceable, void, and/or voidable term, condition, provision and/or covenant shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the Terms set forth herein.


Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.


By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Services.


Privacy Policy

Please refer to our Privacy Policy. You agree that they constitute part of these terms. You must read our Privacy Policy before you use the Services.


Contact Us

If you have any questions about the rights and restrictions above, please contact us at support@neuralplay.com.


BY CONTINUING TO USE OUR APPLICATION, YOU AGREE TO ABIDE BY THESE TERMS.