Terms

Effective Date: April 1, 2019

Welcome to MyBrainBlox.com’s Terms of Use!

We are truly excited to have you aboard. Thank you for choosing to use our products.

Below we have listed important legal terms that apply to anyone who visits our website or uses our products or services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. Brain Blox offers a range of products and services, so part of the terms below may not be relevant to the specific products you use.

We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us.

1. Website owner, the offering, and binding of Terms

This website is owned and operated by Mooshoo LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors products & services such as toys, building ideas, brain teasers, etc. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

2. Who can use mybrainblox.com; what are the requirements to create an account

In order to use our website and/or purchase our products or services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive products or services if doing so is prohibited in your country or under any law or regulation applicable to you.

3. Key commercial Terms offered to customers

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your payment method.  If the product or service involves a subscription or recurring payment, payments will be charged on a monthly basis to your payment method. 

4. Return and refund policy

For any undamaged product, simply return it with all included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) the following products are not eligible for return: products which were damaged or show any signs of use incurred after the product arrived at the delivery address.

5. Retention of right to change offering

We may, without prior notice, change the products or services; stop providing the products or services or any features of the products or services we offer; or create limits for the products or services. We may permanently or temporarily terminate or suspend access to the products or services without notice and liability for any reason, or for no reason.

6. Warranties & responsibility for services and products

When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.

7. Ownership of intellectual property, copyrights and logos

The Product or Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Mooshoo LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

8. Right to suspend or cancel user account

We may permanently or temporarily terminate or suspend your access to the product or service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any products or services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

9. Indemnification

You agree to indemnify and hold Mooshoo LLC harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the products or services offered on the website.

10. Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Mooshoo LLC, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the product or service.

To the maximum extent permitted by applicable law, Mooshoo LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our product or service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

11. Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our product or service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the product or service.

12. Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices, please notify us.

13. Preference of law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the products or services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of South Carolina, USA without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Mount Pleasant, South Carolina. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

14. Customer support details & contact info

If you have any questions, comments or concerns regarding these Terms, or anything else related to this website, our products, or our services, you are invited to email us at support@mybrainblox.com or to send mail to us at:

Mooshoo LLC
1555 Tidal Marsh Ln
Attn: Privacy Dept.
Mt. Pleasant, SC 29466
United States

You may also contact us from this page on our website.