Brag House Inc. (“Brag House”) operates and provides services through www.thebraghouse.com and https://thebraghousecorp.com (the “Sites”) and the Brag House mobile app (the“App”). By accessing or using the Brag House Sites and App (together, the“Service”), however accessed, you agree to be bound by these terms of use (“Terms of Use”), as well as any  other written agreement(s) between us and you. There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.

These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all these Terms of Use, do not access or use the Service. Because these Terms of Use are legally binding, we want to make sure you understand them, so if you have any questions contact us at info@thebraghouse.com.

1. Revisions

 We reserve the right to change these Terms of Use from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review the Sites and/or App and these Terms of Use. Your continued use of the Service after such modifications will constitute acknowledgment and acceptance of the modified Terms of Use.

2. Eligibility

You may use our Service if you are over 18 years old and allowed by law to enter into a binding contract. If you are under the age of 18, you may use our Service only if you are at least 13 years old and only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult will be the user and is responsible for any and all activities. If you are younger than 13 years old, you may not use our Service.

3. Privacy

The Privacy Policy at www.thebraghouse.com and https://thebraghousecorp.com governs any personal information you provide to us. By using the Service you agree to the terms of the Privacy Policy

4. Modification

We may modify, update, or discontinue the Service (including any of its portions or features) at any time without liability to you or anyone else. We will, however, make reasonable effort to notify you before we make the change. We will also allow you a reasonable time to download your content.

5. Site Conduct, Posting Policies, and Third Party Sites

User-Created Content Guidelines:

Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on either of the Sites or App. By posting  information on either of the Sites or App, or by otherwise using any communications service, messageboard, newsgroup, or other interactive service available on the Service, you agree that you will not post comments, messages, links, code or other information that:

1. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, orincludes graphic descriptions of sexual or violent content;
2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
4. consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
5. contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
6. breaches the security of, compromises or otherwise allow access to secured, protected or inaccessible areas of this Site or App, or attempts to gain access to other network or server via your account on this Site or App;
7. .impersonates any person or entity, including any of our employees or representatives.

No Endorsement
Brag House neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Service. Although we do not pre-screen, police or monitor comments posted on the Service, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms of Use and any other rules of user conduct for our Service, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.

Third-Party Sites and Information
The Service may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties.While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You agree that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the third-party website or party by us, or any warranty of any kind, either express or implied.

Promotions
From time to time, the Service may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated there with, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

6. Brag House Intellectual Property

Content
For purposes of these Terms of Use, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Service and is owned by Brag House or its Affiliates.

Ownership of Content
By accepting these Terms of Use, you agree that all content presented to you on the Service is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Brag House or its affiliates. All custom graphics, icons, logos and service names are trademarks or service marks of Brag House or its affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Brag House or its affiliates.

Certain of the ideas, software and processes incorporated into the Service and available on the Sites and App are protected by patent applications pending in the United States, and we intend to prepare and file additional patent applications in selected foreign jurisdictions.

Limitations on Use of Content
Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from the Service in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of the Service content violates our intellectual property interests and could result in criminal or civil penalties

No warranty for Third-Party Infringement.
Neither we nor our affiliates warrant or represent that your use of materials displayed on, or obtained through, the Service will not infringe the rights of third parties.

7. Content You Create

Your Intellectual Property Rights.
Subject to our Privacy Policy, any communication or material that you transmit to the Service or to us, wetherby email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all rights to the User Content, you grant us (including our employees and affiliates), a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used.

We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Brag House or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make counter-notification.

If you believe that you or someone else’s copyright has been infringed by Brag House or User Content provided on the Service, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder May wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on the Service is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:

1. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
2. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders Work(s) (for example, file name or URL of the page(s) that contain(s) the material);
3. The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
4. A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner;
6. The Rights Holder’s electronic signature
   Notice may be sent to:
   By Mail: Legal Department, Brag House Inc., 33 Irving Place, 10th floor, New York, NY 10003
   By email: info@thebraghouse.com

Counter-Notification. If material that you have posted to the Service has been taken down, you may file a counter-notification that contains the following details:

1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
3. Your name, address and telephone number;
4. A statement that you consent to the jurisdiction of the federal district court in the Southern District of New York, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such a person.
5. Your physical or electronic signature. Notice may be sent to:
   By Mail: Legal Department, Brag House Inc., 33 Irving Place, 10th floor, New York, NY 10003
   By email: info@thebraghouse.com

Confidential Information
As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our Privacy Policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by Brag House and will not be returned to you.

8. Privacy & Security

Login Required
In order to access our Service, or to post User Content, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

Passwords & Security
If you register for an account for our Service, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.

Disclosure to Third Party Affiliates.{” “}
You hereby grant us the right to disclose to third parties certain Registration Info about you. The information we obtain through your use of the Service, including your Registration Info, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

9. Disclaimer

THE SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAG HOUSE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICE OR ANY CONTENT ON THE SERVICE, WHETHER PROVIDED OR OWNED BY BRAG HOUSE OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, BRAG HOUSE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICE IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BRAG HOUSE OR ANYONE REPRESENTING BRAG HOUSE BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICE OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE OR BRAG HOUSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF ANY FEES PAID TO US FOR THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BRAG HOUSE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

11. Termination of Use

We reserve the right to terminate your license to use the Service or block or prevent your access to the Service, without providing you with notice or reason. We shall not be liable to you or any third party for any claims of damages arising out of any termination or suspension or any other actions taken by us in connection therewith. In the event of termination, your obligations under these Terms of Use will still continue.

12. Governing Law

The Service is controlled by us from our offices in New York, and the statutes and laws of the State of New York will govern these Terms of Use and the relationship between you and Brag House as if you signed or otherwise agreed to these Terms of Use in New York, without regard to New York’s conflicts of laws rules. If any provisions of these Terms of Use are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. If a lawsuit or court proceeding is permitted under these Terms of Use, then the parties agree to submit to the federal or state courts in New York County, New York for exclusive jurisdiction for the purpose of litigating any dispute arising out of or related to your use of the Service or your breach of these Terms of Use.

13. International Use

Although the Service may be accessible worldwide, we make no representation that the Service is appropriate or available for use in locations outside the United States. Those who choose to access the Service from other locations do so on their own initiative and at their own risk. If you choose to access the Service from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with the Service is void where prohibited.

14. Dispute Resolution and Arbitration

(a) Generally. In the interest of resolving disputes between you and Brag House in the most expedient and cost effective manner, you and Brag House agree that every dispute arising out of or in connection with these Terms of Use or your use of the Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and may be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms of Use or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms of Use. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND BRAG HOUSE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

(b) Exceptions. Despite the provisions of Section 14(a) nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

(c) Arbitrator.  Any arbitration between you and Brag House will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Brag House. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

(d) Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Brag House’s address for Notice is: Brag House Inc., 33 Irving Place, 10th Floor, New York, NY 10003. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Brag House may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Brag House must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Brag House will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Brag House in settlement of the dispute prior to the arbitrator’s award; or (iii) $500.00.

(e) Fees. If you commence arbitration in accordance with these Terms of Use, we will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York County, New York, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Brag House for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

(f) No Class Actions. YOU AND BRAG HOUSE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Brag House agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

(g) Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to our address for Notice, you may reject the change by sending us written notice to our address for Notice within 30 days of the change, in which case your account with Brag House will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

(h) Enforceability. If Section 14(f) is found to be unenforceable or if the entirety of this Section 14(f) is found to be unenforceable, then the entirety of this Section 14 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 12 will govern any action arising out of or related to these Terms of Use.

16. Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

17. Force Majeure

In addition to any to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Service arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, mechanical, electronic or communications failure or degradation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

18. Waiver

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

19. Assignment

You cannot assign, transfer or sublicense these Terms of Use without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without your consent.

20. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with the Service is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.