He’s your personal concierge when having fun
Use of Your InformationA. We may use your information:
B. Accessing, Editing and Removing Your Information. You, as a user of our Site and our Service, may in some cases be able to review and edit the personal information you have provided to us by editing your information through your downloaded application. Although most changes may occur immediately, information may still be stored elsewhere. We take no responsibility for stored information in your cache, or in other devices that may store information, and we disclaim all liability for such. In addition, we may, from time to time, retain residual information about you in our backup servers and/or database. Additionally, we may provide you the ability of opting out of our Service or third party products when you download our application. We may, at our discretion, not require you to register any information and use our Site and Service anonymously. C. Cookies and Other Identifiers. We may use the data collected through cookies, log file, device identifiers, location data and pixel tags to: (a) remember information so that you will not have to re-enter it the next time you use our Service; (b) provide custom, personalized content and information, including advertising; (c) provide and monitor the effectiveness of our website and our email communications; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website; (e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance our website. The information we collect through these tracking technologies may be linked to the Personal Information you have chosen to share with us when you register.
- 1) To enhance or improve your experience using our Site or Service.
- 2) To process transactions.
- 3) To engage in the sale, exchange or transfer of your information to a third party. You hereby grant us consent to any such sale, exchange and transfer, and agree that we are not required to obtain any further consent from you to engage in this activity.
- 4) To allow third parties to contact you directly. You hereby grant us consent to allow third parties to contact you directly when you provide us contact information through our Site or Service.
- 5) To send e-mails about our Site or respond to inquiries.
- 6) To send e-mails about the Site and other products, news or updates for Brainitch, or other businesses, websites or services owned or operated by us or a third party.
- 7) To send e-mails and text messages about third party products or services.
- 8) To collect analytics data, or user third-party analytics tools, to help us measure traffic and usage trends for our Site and Services.
Security MeasuresWe take certain measures to enhance the security of our Site and Service, including using SSL Certificates and PCI DSS-compliant hosting. However, we make no representations as to the security or privacy of your information. It is in our interest to keep our Site secure, but we recommend that you use anti-virus software, routine credit checks, firewalls and other precautions to protect yourself from security and privacy threats.
MinorsBrainitch does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as a User. you are under the legal age of 13, do not apply for or submit any personal information to this Site or our Service. In the event that we learn that we have collected personal information from a child under age 13, we will delete the information as quickly as possible.
Description of ServiceBrainitch developed an interactive conversational user interface for the live entertainment and sport industries. This Servicemay require you to download an app. We make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software, User must have a mobile device that is compatible with the Mobile Software. Brainitch does not warrant that the Mobile Software will be compatible with your mobile device. Although Brainitch’s Service is generally free, please be aware that your wireless carrier may charge you for data services and text messaging. These charges are your sole responsibility. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Magic may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Magic or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Brainitch reserves all rights not expressly granted under this Agreement. In order to use the Mobile Software, User must text a phone number or send a SMS messageto our intelligent agent "Hans". Hans stands for “Helpful Automated Nexus System.” User can conveniently ask questions, report issues, and purchase tickets, upgrades, concessions and merchandise within a natural conversation. Hans’ mission is to increase organizational situational awareness to event producers, improve customer service, and increase revenue.
Limited License and Use of BrainitchSubject to the terms and conditions of this Agreement, Brainitchhereby grants you a limited, non-exclusive, non-transferable, freely revocable license to install and use the Service for your non-commercial use. Brainitch reserves all rights not expressly granted herein in the Services and the Content. Brainitch may terminate this license at any time and for any reason or no reason.
Representations and WarrantiesWE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICE FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW ESTABLISHES AS OUR LIABILITY TO YOU, IF SUCH A MINIMUM EXISTS. YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICE INCLUDING, BUT NOT LIMITED TO, PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS OR ANY OTHER ACTIONABLE CONDUCT TOWARD YOU. WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES PROVIDED BY US OR A THIRD PARTY INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERIES, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, WITH RESPECT TO OUR SITE WHICH PREVENT ACCESS TO OUR SITE, TEMPORARILY OR PERMANENTLY. OUR PROVISION OF THE SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION. For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms of Service, if your jurisdiction has provisions specific to waiver of liability that conflict with the above, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we disclaim any liability for: (a) death or personal injury caused by our negligence or that of any of our officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude, either now or in the future. I F YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING A RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
IndemnityYou agree to defend, indemnify and hold harmless Brainitch, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to our Site and our Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right including, without limitation any copyright, property or privacy right; or (iv) any claim that any of your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of our Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorney’s fees, court costs and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you will be liable for the damages as though we had proceeded with a trial. Communications Decency Act We respect the First Amendment of the US Constitution and allow our users to create content which is user-generated and to speak their minds. However, please be respectful and considerate of others. Since third parties independently upload their content to our Service, we are not liable for any defamatory content posted on our Site if published by a third party. Although we may choose to edit or delete any clearly defamatory content, we are not required to, and we reserve all defenses for such speech made available to us by Section 230 of the Communications Decency Act, all other applicable statutes, the common law and the First Amendment. If you are considering attempting to circumvent these defenses by filing suit against us in another country for something a third party posts to our website, we recommend that you review the “SPEECH Act” as passed by the United States Congress, which prevents any such judgments from being domesticated within the United States.
DMCA NoticesWe take copyright infringement very seriously, and we have registered a Registered Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains: Your name; The name of the party whose copyright has been infringed, if not you; The name and description of the work that is being infringed; The location on our website of the infringing copy; A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; A statement that you swear, under penalty of perjury, that the information contained in such notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use; You must sign such notification and send it to our Copyright Agent at [email protected].
COPPA ComplianceOur Site and our Service may only be used by persons 13 years and older. We in no way target children under the age of 13. If you are under 13, please stop using our Site immediately and do not submit any information to us.
Choice of LawThis Agreement shall be governed by the laws of California. Our offer and your acceptance of this contract is deemed to have occurred in California.
Forum of DisputeYou agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in Los Angeles County, California. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs and disbursements.
Force MajeureYou agree that we are not responsible to you for anything that we might otherwise be responsible for if it is the result of events beyond our control including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials or any other event beyond our control.
SeverabilityIn the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of this Agreement or otherwise unenforceable, this Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
Non-WaiverWe reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Termination and CancellationWe may terminate or suspend our Service on your account at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures. Cancellation may result in the immediate deletion of any content that you have submitted to us. All provisions of this Agreement which by their nature should survive termination will survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
AssignmentYou may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any third party at our discretion.
AmendmentsWe may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments but, if you do, you must immediately cease using our Site and our Service. You must visit this page each time you come to our Site and read and agree to it if the date it was last modified is more recent than the last time you agreed to this Agreement.
California Users and ResidentsPursuant to California Civil Code §1789.3, any questions about pricing, complaints or other inquiries must be addressed to us and sent via certified mail to: Todd Terrazas, Brainitch Solutions, LLC, P.O. Box 1443, South Pasadena, CA 91031. Finally, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.