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If you don’t agree to these Terms of Service, don’t use the Service. We can change these Terms of Service at any time without any notice to you. It is your responsibility to review these Terms of Service from time to time for any changes as it creates binding legal agreement between you and Emotiv. If you use the Service after we’ve changed any of the Terms of Service, you are agreeing to all of the changes. Again, if you do not agree, don’t use the Service.2. Permission to Use the ServiceYou have our permission to use the Service, but only if:
3. Accounts; Passwords; SecurityYou may need to set up an account in order to use some of the features of the Service. You may not use someone else’s account without permission. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using someone else’s name or contact information, or a phony name or phony contact information. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.4. Personal Use OnlyWe are making the Service available to you for your information and personal use only. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with the Service for any other purpose.5. User ContentYou are solely responsible for any User Content you post to the Service, and the consequences of posting or publishing it. By “User Content”, we mean any Content you post to the Service. “Content” means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. When we say “post”, we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Service.6. Restrictions on User Content and Your ConductYou may not:
- you are over 13 years old;
- you are using the Service for your own personal use and not for commercial purposes;
- you do not copy the Service or any part of the Service;
- you do not modify the Service or any part of the Service;
- you follow all the rules and restrictions we’ve spelled out in these Terms of Service.
(i) use our Service for any illegal purpose;
(ii) submit User Content that you don’t have the right to submit, unless you have the owner’s permission; this includes material covered by someone else’s copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
(iii) forge headers or manipulate other identifiers in order to disguise the origin of any User Content you submit;
(iv) submit any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
(v) submit User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(vi) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
(vii) impersonate anyone else or lie about your affiliation with another person or entity;
(viii) use meta tags or any other “hidden text” utilizing any of our or our suppliers’ product names or trademarks;
(ix) upload, launch, post, email or transmit any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt our Service, or harm or corrupt our or anyone else’s computer systems, or data;
(x) use our Service to harm minors in any way, including posting User Content that violates child pornography laws, child sexual exploitation laws, or any other laws protecting children;
(xi) collect or gather other people’s personal information (including account information) from our Service;
(xii) submit User Content which disparages us or our partners, vendor or affiliates; or
(xiii) solicit, for commercial purposes, any users of our Service. We have the sole right, but not necessarily the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason.7. Intellectual Property Rights in User ContentIf you post User Content, you are making a guarantee to us that you either own all the Content you are posting, or you have the right to post the Content. Furthermore, you are guaranteeing that you have the right to allow us to make your User Content available for others to view and use as part of the Service without requiring that any such use be subject to additional obligations or terms. If you do not have these rights, do not post the Content. By posting your User Content, you do not lose any ownership rights you may have to it. However, you do grant us a worldwide, non-exclusive, royalty-free, fully-paid, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed. You also grant each user of the Service a non-exclusive royalty-free, fully-paid, sublicenseable and transferable license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform your User Content as permitted through the functionality of the Service and under these Terms of Service.8. User Content you Share becomes PublicYou understand that once you post User Content, your content becomes public. We are not responsible for keeping any User Content confidential. So, if you don’t want the whole world to see it, don’t post it on the Service.
In addition, we may be required to disclose your User Content to third parties if we have a good faith belief that access, use, preservation or disclosure of such User Content is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce these Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Emotiv, its users or the public as required or permitted by law.9. We Are Not Responsible for User ContentWe generally do not review any of the User Content posted by our users. We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in user submissions. User Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any user submission. You may be offended by User Content that you see on the Service. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, you agree not to hold us responsible in any way for your use of our Service, including your exposure to User Content.10. Proprietary RightsEmotiv and its suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Service and Content which is included in the Service (other than User Content). If you give feedback on the Service, for example recommendations for improvements or features, implementation of that feedback is owned by us and may becomes part of the Service without compensation to you. We reserve all rights in and to the Service unless we expressly state otherwise. The Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
You may not decompile, reverse engineer, disassemble, or otherwise reduce the Service to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance. You may not copy, frameset, enclose or otherwise distribute any part of the Service.
All brand, product and service names used in the Service which identify Emotiv or our suppliers and our or their proprietary products and services are the trademarks or service marks of Emotiv or our suppliers. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Emotiv or such supplier with respect to any such image, logo or name.
You agree not to disable, interfere, or try to get around any of the features of the Service related to security, preventing or restricting use or copying of any Content, or enforcing the limits on the use of the Service or the Content on the Service.11. Enforcement of CopyrightsWe respect the intellectual property rights of others. You may not use our Service to infringe anyone else’s copyright or other intellectual property right. If we find out that you are infringing, we may remove your User Content. We do not have to give you notice that we are removing your User Content. We may also terminate your account if we decide that you are a repeat infringer. We consider a repeat infringer to be a user who has been notified of infringing activity more than twice or who has had User Content removed from our Service more than twice.12. Notify Us of InfringersIf you believe that something on our Service violates your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.
In order for us to take action, you must do the following in your notice:
(i) provide your physical or electronic signature;
(ii) identify the copyrighted work that you believe is being infringed;
(iii) identify the item on our Service that you think is infringing your work and include sufficient information about where the material is located on our Service (including which website) so that we can find it;
(iv) provide us with a way to contact you, such as your address, telephone number, or e-mail;
(v) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on our Service; and
(vi) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
Here is the contact information for our copyright agent:
Copyright Enforcement Emotiv
Room 606, Fook Cheong Building,
63 Hoi Yuen Road,
Kwun Tong, Hong Kong
Fax: 1888 298 4125
Again, we cannot take action unless you give us all the required information.13. How to Communicate with UsOnly notices about copyright infringement should go to our copyright enforcement department. If you have anything else to communicate with us (like feedback, comments, requests for technical support), you should contact us through our customer service department at firstname.lastname@example.org. Storage and AvailabilityWe are not a content-archiving service. We do not promise to store or make available on our Service any User Content that you submit, or any other Content, for any length of time. You are solely responsible for keeping back-ups of everything you post on our Service.
You acknowledge that temporary interruptions in the availability of the Service may occur from time to time as normal events. Also, we may decide to cease making available the Service or any portion of the Service at any time and for any reason.
Under no circumstances will Emotiv or its suppliers be held liable for any damages due to such interruptions or lack of availability.15. Sale of ProductsOur Service may include the offer for sale of certain products (whether software, services, or other merchandise) (“Products”). Any offer for sale or purchase of such Products is subject to the terms of sale and warranty (if any) provisions of the vendor offering the particular Product through our Service (including through any shopping cart for the particular Product). We are not responsible for any such transactions or Products unless we are the vendor, in which case the terms of purchase we have posted for that Product shall apply.16. Links to Other SitesOur Service may contain links to other websites that we don’t own or control. We are not responsible for any of these other websites. You will not hold us responsible for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you don’t like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.17. Warranty DisclaimerUSE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. EMOTIV AND ITS AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EMOTIV AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY THAT (i) THE SERVICE OR ANY PRODUCTS PURCHASED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THAT THERE WILL BE NO ERRORS IN THE SERVICE OR THAT EMOTIV WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE SERVICE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND EMOTIV SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SERVICE OR ANY CONTENT OBTAINED FROM THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.18. Limitation of LiabilityTO THE FULLEST EXTENT PERMITTED UNDER LAW, EMOTIV AND ITS AFFILIATES, SUPPLIERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR ANY CONTENT PROVIDED BY OR THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (I) YOUR USE OR INABILITY TO USE OUR SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM OUR SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT; (IV) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EMOTIV'S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $100.19. IndemnityYou agree to indemnify, defend (if we so request) and hold harmless Emotiv and its affiliates, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney's fees) arising from any User Content, your use of the Service, your connection to the Service, your violation of these Terms of Service or your violation of any rights of any third-party. Your indemnification obligation will survive the termination of these Terms of Service and your use of the Service.20. Termination and SuspensionWe may terminate or suspend your permission to use the Service immediately and without notice upon any violation of these Terms of Service, your failure to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. If we terminate your use of the Service for any of these reasons or otherwise for cause, we will not refund any fees you may have paid, whether for access to the Service or for Products (if applicable).
YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.