Total Brain Quiz Terms and Conditions

Thanks for using Total Brain Quiz! This agreement ("Agreement") is a contract between you and Total Brain Quiz, Inc. ("Total Brain Quiz"). By visiting or using the Total Brain Quiz web site ( http://www.totalbrainquiz.com) or by completing the registration process to use the Total Brain Quiz Subscription Services (collectively, the "Services" or "Total Brain Quiz Services"), you agree to be bound by the following terms and conditions (the "Terms of Service" or "Terms").

You must be at least eighteen (18) years of age to use the Total Brain Quiz Services. By providing information to Total Brain Quiz through the account registration page for new customers or any other part of the Total Brain Quiz site, you represent to Total Brain Quiz that you are 18 years of age or older. If you are between 13 and 17, you represent that you received parental permission both to complete the registration process and to download content to your cell phone.

If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, do not continue the registration process or attempt to access any part of the Service. Total Brain Quiz reserves the right to deny registration of any individual to the Total Brain Quiz Services and to deny access to this website to any individual.

1. THE Total Brain Quiz SERVICE & BILLING INFORMATION

You must have an SMS enabled cell phone or device in order to access the Total Brain Quiz services, including subscription and transactional services. Message and data rates may apply to any content you obtain from Total Brain Quiz.

Any change in the price of Total Brain Quiz services will require the user to be unsubscribed and then re-subscribe with affirmative double opt-in. Failure to opt out will not be deemed sufficient opt in.

The Subscription Services – By registering for a Subscription Service or Text Services you authorize Total Brain Quiz to bill your mobile telephone invoice. Monthly Subscription plans are billed the Subscription fee each month until you cancel the Subscription. If you cancel your Subscription for any reason, Total Brain Quiz will not refund any of your fees. Monthly subscribers are billed on a 30-day cycle, which begins on the first day you sign up for the subscription and ends 30 days thereafter (your "Billing Cycle"). Your telephone bill will be charged on the first day of each Billing Cycle. Msg&Data rates may apply.

You agree that if any attempt to bill you for your subscription fails for any reason, including non-payment by you or errors on the part of your mobile telephone company, Total Brain Quiz reserves the right to re-bill you for any outstanding fees.

Text Message Communications – You expressly agree that, as part of the service provided by Total Brain Quiz , you will receive communications from Total Brain Quiz by text message (SMS), which may include our promotional text messages. You may stop receiving promotional text messages by emailing your request to opt-out, along with your cell phone number, to help@mobile-media-solutions.com, call us at 18558555193, or following the opt-out instructions in the text message. You may not opt out of service-related text messages, unless you cancel service.

Help – Text HELP to 56431 or call 18558555193 for text information on your Total Brain Quiz Subscription Service.

2. CANCELLATION & TERMINATION

Cancellation – You can cancel your Total Brain Quiz Subscription Service by sending a text message from your mobile device containing only the word STOP to the shortcode 56431 .

Cancellation for subscribers will take effect immediately. Services are not pro-rated for mid-month cancellations. Total Brain Quiz will send you a text message confirming the cancellation. If you have any questions about cancellation please contact our customer service at help@mobile-media-solutions.com or call 18558555193.

Except as set forth above with respect to inadvertent charges, in the event that your account or subscription is terminated or canceled, Total Brain Quiz will not refund any fees.

Termination – Total Brain Quiz reserves the right, at its sole discretion, to terminate your subscription to your Total Brain Quiz Subscription Service and/or the Total Brain Quiz website for any reason at any time without notice, including in the event that Total Brain Quiz reasonably believes that you have breached or acted inconsistently with any provision of the Terms. You acknowledge and agree that Total Brain Quiz shall have no liability or responsibility to you for termination or suspension of your access or use, and that, in the event you breach these Terms, no portion of your fees will be refunded.

Disputes – Your sole right and remedy with respect to any dispute with Total Brain Quiz is to cancel your account. Disputes may include, but are not limited to, disputes related to or arising out of: these Terms and Conditions or any policy or practice of Total Brain Quiz, including its Privacy Policy, or Total Brain Quiz's enforcement or application of the same.

3. ACCEPTABLE USE OF Total Brain Quiz

By using Total Brain Quiz Subscription Services, you agree that Total Brain Quiz grants you a non-exclusive, non-transferable, revocable right to use the Services on your compatible device for your own personal, non-commercial use only. Your use of the Total Brain Quiz Subscription Services means you also agree to the following acceptable use policies:

Personal, Non-Commercial Use Only – The Total Brain Quiz Subscription Services are for your personal, non-commercial use only. You understand and agree that you may not resell, transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the Service.

Registration and your Personal Information – In order to use certain features of Total Brain Quiz, you must register and provide personal information such as your wireless device number to Total Brain Quiz ("Personal Information"). Total Brain Quiz will use your personal information in accordance with its Privacy Policy. Please review the Privacy Policy before you complete the registration process or attempt to use any part of the Service.

Intellectual Property Rights – The Text Subscription is made available as part of the Service are owned by Total Brain Quiz, its licensors, partners and affiliates and are protected by U.S. intellectual property laws. By using the Total Brain Quiz Services you understand and agree to abide by U.S. intellectual property laws and agree not to reproduce, modify, scrape, cache, frame, display, perform, transfer, distribute, create derivative works from, or otherwise use the Text Services except as authorized in this Agreement, and agree not to authorize, encourage or allow such use by any other party. You agree that you will take all reasonable steps to prevent any unauthorized reproduction and use of the Text Services.

"Bots", Hacking and Other Unauthorized Use – Users of Total Brain Quiz may not attempt (or authorize, encourage or support others' attempts) to gain unauthorized access to any Total Brain Quiz Services, user accounts or computer networks through hacking, password mining or any other means, or to reverse engineer, decrypt, break or otherwise alter or interfere with the Service. You may not use any web robots (bots'), web crawlers, data-mining, or similar applications to submit, gather and extract data from, or otherwise use the Total Brain Quiz Services. You agree to advise Total Brain Quiz promptly of any such unauthorized use(s) or attempt(s). You may not interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services, or act in a manner that negatively affects the ability of other users to use the Services.

Customer Support – Please direct any questions concerning the Service or any other Total Brain Quiz -related issue, to a Total Brain Quiz customer service representative by e-mail at: help@mobile-media-solutions.com.

4. Total Brain Quiz PROPRIETARY RIGHTS

General – Your use of the Service Subscriptions is under license; you will not obtain any ownership interest in any of the Services through this Agreement or otherwise. All content in the Service or on the Total Brain Quiz website, such as the Subscriptions, text, graphics, logos, button icons, images, data compilations, and software, is the property of Total Brain Quiz or its content suppliers and protected by United States and international copyright and other intellectual property laws. The compilation of all content on this site is the exclusive property of Total Brain Quiz and protected by U.S. and international copyright laws. Your rights with respect to your use of the same are governed by these Terms, all applicable laws, including but not limited to intellectual property laws, and any applicable end-user license agreements.

5. CHANGE IN TERMS AND CONDITIONS AND Total Brain Quiz SERVICES

Total Brain Quiz may modify or terminate its Services from time to time, for any reason, and without notice or liability to you, any other user or any third party. We reserve the right to revise these Terms of Service by updating this posting. Please review these Terms of Service from time to time so that you will be apprised of any changes. Use of this service following a change to the Terms of Service constitutes agreement to the new Terms. If you cannot comply with the amended Terms, your only remedy is to cancel your Total Brain Quiz Subscription and/or not use the Services.