General Use Restrictions
NeuroSky provides applications, products, content, and other services through the Site. Certain information, documents, applications, products, and services provided on and through the Site, including content, trademarks, logos, graphics, and images that are not Submissions (as defined below) (collectively, the “Materials”) are provided to you by NeuroSky and are the copyrighted work of NeuroSky or NeuroSky’s contributors. Except as expressly provided herein, NeuroSky grants you a limited, personal, non-exclusive, and non-transferable license to use and display the Materials and use the services and the Site solely for your personal use if you are an individual and solely for business use if you are an organization or agent of your organization. Except as expressly set forth herein, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site or any Materials on any legal basis.
Postings and Submissions
2. Submissions – Notwithstanding a Posting which you submit to the Site and over which you retain full responsibility, including over its legality, reliability, appropriateness, originality and copyright, to the extent that you submit to NeuroSky any ideas, content, suggestions, information or feedback concerning the Materials, including, but not limited to, programs and applications that you develop and submit via e-mail (“Submissions”), such Submissions will be the sole and exclusive property of NeuroSky. You hereby assign, transfer and convey to NeuroSky, its successors, assigns, agents, and licensees, all worldwide right, title and interest in and to all intellectual property rights in the Submissions or any portion thereof, in any form of medium, expression or technology now known or hereafter known or developed, all contract and licensing rights, and all claims and causes of action with respect to any of the foregoing, whether now known or hereafter to become known. You represent and warrant that (i) you are the sole owner of any intellectual property rights in the Submissions you provide to NeuroSky; (ii) you have the full and exclusive right to convey the entire interest in and to the Submissions; and (iii) to the best of your knowledge, the Submissions do not infringe any copyright, trade secret, patent or other intellectual property right.
You covenant and agree to cooperate with NeuroSky to enable NeuroSky to obtain, sustain, enforce and enjoy to the fullest extent all right, title and interest herein conveyed.
Third Party Content
Certain information and content may be provided by third party licensors and suppliers to NeuroSky (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal or business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. NEUROSKY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Links to Third Party Sites
NeuroSky asks that you respect our on-line community and other individuals. When submitting Submissions to or otherwise using the Site and/or the services, you agree not to:
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Impersonate or represent NeuroSky, our staff or other industry professionals.
• Impersonate any other person or entity, or misrepresent your identity or that of your company
• Solicit a member’s password or other account information.
• Harvest user names, addresses, or email addresses for any purpose other than to conduct NeuroSky business.
• Use racially, ethnically, or otherwise offensive language.
• Incite illegal activity.
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
This list of prohibitions is an example and is not complete or exclusive. These prohibitions do not require NeuroSky to monitor or remove any Submissions or other information submitted by you or any other user. NeuroSky reserves the right to terminate your access to your account, your ability to access and post to the Site, or to receive the services, or remove your Submissions, with or without cause and with or without notice, or for any action that NeuroSky determines is inappropriate or disruptive to the Site, services or to any other user of the Site and/or services. You hereby agree to waive any claims against NeuroSky and its affiliates, contractors, agents, and employees for losses, damages and injuries for which are based on or relate to communications or materials made available to the Site or posted on the Site by persons other than NeuroSky. NeuroSky may report to law enforcement authorities any actions that may be illegal and any reports it receives of such conduct. When legally required or at NeuroSky’s discretion, NeuroSky will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site.
Password and Security
You may need a password to login to the Site and use certain functions and areas within the Site (“Restricted Areas”). If you are an authorized member of the Restricted Areas, you are responsible for maintaining the confidentiality of your password and account, and agree to notify NeuroSky if your password is lost, stolen, or disclosed to an unauthorized third party or otherwise may have been compromised. You are responsible for activities that occur under your account. You agree to immediately notify NeuroSky of any unauthorized use of your account or any other breach of security in relation to the Site known to you. You will not use other members’ contact information gathered from Restricted Areas of the Site for commercial purposes.
You acknowledge, consent and agree that we may access, preserve, and disclose your account information and Material if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Materials violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of us, our users and the public.
You understand that the technical processing and transmission involved in interacting with the Site, including the transmission of Materials, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Site may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by us and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules embedded into the Site.
Unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You shall indemnify and hold NeuroSky and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) NeuroSky or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password (including without limitation your participation in the posting areas) violates any applicable law or regulation, or the rights of any third party.
NeuroSky is a trademark of NeuroSky in the United States. All other trademarks, names, and logos on this Site are the property of their respective owners.
Unless otherwise specified, all information and screens appearing on this Site including documents, services, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of NeuroSky, Copyright © 2011 NeuroSky, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Copyrights and Copyright Agents
NeuroSky respects the intellectual property of others, and we ask you to do the same. NeuroSky may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site or Restricted Areas of the Site to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and appears on our Site, please provide NeuroSky’s copyright agent the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• a description of the specific location on the Site where the material that you claim is infringing is located;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
NeuroSky’s agent for notice of claims of copyright infringement on this Site can be reached as follows:
Attn: Copyright Agent
125 South Market Street, Suite 900
San Jose, CA 95113
Disclaimer of Warranties
Your use of this Site and/or the services is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by NeuroSky, and they may include inaccuracies or typographical errors. NeuroSky does not warrant the accuracy or timeliness of the Materials or the Third Party Content contained on this Site. NeuroSky has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by NeuroSky or our licensors.
NEUROSKY, ON ITS OWN BEHALF AND THAT OF ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES OR GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICES OR ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER VISITORS TO THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEUROSKY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER BY OTHER MEMBERS OR THROUGH YOUR USE OF ANY SUBMISSIONS.
Limitation of Liability
NEUROSKY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL ON THE SITE OR RELATING TO YOUR SUBMISSIONS. IN NO EVENT SHALL NEUROSKY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF NEUROSKY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control
NeuroSky controls and operates this Site from its headquarters in the United States and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States, you are responsible for following applicable local laws.
If you violate these Terms, NeuroSky may terminate your access to the Site or Restricted Areas without notice. NeuroSky prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of these Terms, as determined by NeuroSky, will result in the immediate termination of your access to the Site or Restricted Areas. NeuroSky has the right to terminate any password-restricted account for any reason. California state law and U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Site will be heard in the courts located in California. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. NeuroSky’s failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and NeuroSky and supersede all prior or contemporaneous negotiations, discussions or agreements between you and NeuroSky about the Site.