September 14, 2016
ACCEPTANCE OF THESE TERMS
The Services are offered and available to users who are at least 13 years of age or older. By using the Services, you represent and warrant that you are 13 years of age or older. If you are 13 years of age but under 18 years of age, you may use the Services only with permission and supervision of your parent or legal guardian. If you do not meet the foregoing requirements, you must not access or use the Services.
We may revise these Terms from time to time in our sole discretion, subject to applicable law. When we revise these Terms, we will post the revised version on the Website. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for you to continue accessing and using the Services. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access and use of the Services. Except as otherwise expressly stated by us, your access and use of the Services are subject to, and constitute your acceptance of, the version of these Terms in effect at the time of your access or use.
In conjunction with your access or use of the Services, you may be subject to additional terms, rules, policies, and conditions, including, but not limited to, any end user license agreements for our software that is distributed through the Services (the “Additional Guidelines”), which are hereby incorporated by reference into these Terms. [In the event of a conflict between any Additional Guidelines and these Terms, the Additional Guidelines will control.]
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We may, in our sole discretion, modify the Services by adding or removing features and functionalities, without prior notice or liability to you. Notwithstanding the foregoing, content available through the Services may be out of date at any given time, and we are under no obligation to update such content. We also will not be liable if any or all of the Services are unavailable at any time or for any period of time for any reason.
You are responsible for:
- Making all arrangements necessary for you to have access to the Services.
- Ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.
You agree not to authorize any other person or entity to use your user name, password, or other security information to access the Services. You also agree to log out of your Account at the end of each visit to the Website. You should use caution when accessing your Account from a public or shared computer so that others are not able to view or record your user name, password, or other security information. You are solely responsible for the maintenance, confidentiality, and security of your user name, password, or other security information. Except as otherwise required by applicable law, you are responsible for all transactions and other activities in connection with the Services that are authorized or performed using your user name, password, or other security information, whether authorized or unauthorized by you. Except as otherwise expressly stated in these Terms or required by applicable law, we are not responsible for any losses or damages arising out of the loss or theft of your user name, password, or other security information. If you suspect or become aware of any unauthorized activity or access to your user name, password, or other security information, you must contact us immediately at firstname.lastname@example.org.
INTELLECTUAL PROPERTY RIGHTS
The Services and all related content, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to these Terms, you are permitted to access and use the Services for evaluation purposes or for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material related to the Services, except as follows or as otherwise expressly permitted by us:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print and download one copy of a reasonable number of pages of the Website for evaluation purposes or for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download through the Services, you may download a single copy for each of your computer or mobile devices solely for evaluation purposes or for your own personal, non-commercial use, provided you agree to be bound by our end user license agreements for such applications.
- If we provide social media features with certain content through the Services, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials.
You must not access or use for any commercial purposes any of the Services. We may, but are not obligated to, monitor your use of the Services.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: SUPPORT@BRAINCORPORATION.COM, 9401 Waples Street, Suite 100, San Diego, California 92121, Attn: Website Services.
Without limiting any other provisions of these Terms, if you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to access and use the Services will terminate immediately, and you must, at our direction, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any access or use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Company’s name, the Company’s logo, the terms BrainOS®, Autonomy by Brain, EMMA, Brain Corp., and BRAIN, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company, its affiliates, or its licensors. You must not use such trademarks without our prior written permission. All other names, logos, product and service names, designs, and slogans available through the Services are the trademarks of their respective owners.
You may use the Services only for lawful purposes and in accordance with these Terms. If your access or use of the Services is prohibited by applicable law, then you are not authorized to access or use the Services. We are not responsible if you access or use the Services in any manner that violates applicable law.
You agree not to use the Services:
- In any way that violates applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them or us to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material available through the Services.
- Use any manual process to monitor or copy any of the material available through the Services or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which the Website is hosted, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
The Website may contain message boards, chat rooms, personal web pages and profiles, forums, bulletin boards, video conferencing, digital content uploading, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, contribute, publish, display, or transmit publicly or to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.
All User Contributions must comply with the standards set forth in these Terms.
Any User Contribution you post through the Services will be considered non-confidential and non-proprietary. By providing any User Contribution through the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to User Contributions posted by you and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All User Contributions you post do not and will not infringe or violate the rights of any third party.
- All User Contributions you post do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you post, and you, not the Company, have full responsibility for such User Contributions, including their legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.
MONITORING AND ENFORCEMENT
Without undertaking any obligation to screen or monitor User Contributions, we have the right (but not the obligation) to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contributions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contributions violate these Terms, infringe any intellectual property right or other right of any person or entity, threaten the personal safety of users of the Services or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that User Contributions posted by you violate their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Contributions through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PERSONS DURING OR AS A RESULT OF THE COMPANY’S INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The following content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must comply with all applicable federal, state, local, and international laws and regulations.
Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
TERMINATION AND SUSPENSION
You may voluntarily discontinue your access and use of the Services at any time. We may, in our sole discretion, suspend, limit, or terminate your Account and your access to and use of the Services for any reason, without notice or liability to you. Neither your voluntary discontinued access and use of the Services nor our termination of your Account and your access to and use of the Services will not affect any of our rights or your obligations arising under these Terms prior thereto. Provisions of these Terms that, by their nature, should survive termination of your Account and your access and use of the Services will survive such termination.
RELIANCE ON INFORMATION POSTED
The information presented through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services or by anyone who may be informed of information presented through the Services.
The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
LINKING TO THE WEBSITE [AND SOCIAL MEDIA FEATURES]
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Website may provide certain social media features that enable you to:
- Link from your own or third-party websites to content on the Website.
- Send e-mails or other communications with content, or links to content, on the Website.
- Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or third-party websites.
You may use these features solely as they are provided by us. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other website.
- Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms.
The website from which you are linking to, or on which you make content accessible on, must comply in all respects with these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We may withdraw linking permission to the Website and disable social media features and any links at any time without notice in our discretion.
LINKS FROM THE WEBSITE
If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. Our inclusion of such links does not imply our endorsement of such third-party websites or resources or any association with their owners or operators. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or resources linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and resources.
We make no claims that the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS OR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS AND USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE SERVICES ARE AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS OR THEIR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY INFORMATION, PRODUCTS, OR OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. WITHOUT LIMITING THE FOREGOING, IN THE EVENT YOU OR ANY OTHER PERSON OR ENTITY IS ENTITLED TO DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE, OR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY INFORMATION, PRODUCTS, OR OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, THE COLLECTIVE LIABILITY OF THE COMPANY, ITS AFFILIATES, AND ITS AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED $100.
IN ADDITION TO AND WITHOUT LIMITING ANY OF THE FOREGOING, WE WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF TERRORISM, LABOR CONDITIONS, POWER FAILURES, INTERNET DISTURBANCES, OR SERVICES OR SYSTEMS CONTROLLED BY THIRD PARTIES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, hold harmless, and (at our request) defend the Company, its affiliates, and its and their employees, officers, directors, agents, licensors, service providers, and successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
WAIVER AND SEVERABILITY
No waiver by the Company of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the affected provision, if possible, and all other provisions of these Terms will continue in full force and effect.
We will send all notices and other communications regarding the Services to you at the email address you provided during your Account registration, as may be updated by you from time to time. You may change your email address by revising your Account profile on the Website. Except as otherwise provided by applicable law, you will be considered to have received a notice from us regarding the Services when we send it to the email address we have in our records for you or when we post such notice on the Website. All notices to us that are intended to have a legal effect must be in writing and delivered [either (a) via email to email@example.com or (b) in person or by a means evidenced by a delivery receipt to the following address: 9401 Waples Street, Suite 100, San Diego, California 92121, Attn: Legal Notifications . All such notices are deemed effective upon documented receipt by us.
ENTIRE AGREEMENT AND OTHER GENERAL TERMS
If you have any questions regarding these Terms or the Services, please contact us at SUPPORT@BRAINCORPORATION.COM, 9401 Waples Street, Suite 100, San Diego, California 92121, Attn: Support Services.
Version 2.0 (effective September 14, 2016 to present)
Version 1.0 (effective September 21, 2015 to September 13, 2016)