Terms and Conditions
Terms of Service:
Your Cerebral Account and Services. You are responsible for maintaining the security of your account and are fully responsible for all activities that occur under the account and any other actions taken in connection with the Services (through your account). You must immediately notify Cerebral of any unauthorized access to, or use of, the Services, your account, or any other breaches of security. Cerebral will not be liable for any acts or omissions by you or any person who accesses or uses the Services through your account, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you post material to Cerebral, post links on Cerebral, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your (or the applicable third party’s) conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. If you delete Content, Cerebral will use reasonable efforts to remove it from Cerebral, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Cerebral has the right (though not the obligation) to, in Cerebral’s sole discretion, (i) reclaim your account username or website’s URL due to prolonged inactivity, (ii) refuse or remove any Content that, in Cerebral’s reasonable opinion, violates any Cerebral policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Cerebral to any individual or entity for any reason. Cerebral will have no obligation to provide a refund of any amounts previously paid.
Advertisements. Cerebral reserves the right to display advertisements through (or otherwise in connection with) the Services.
Attribution. Cerebral reserves the right to display attribution text or links in your site footer or toolbar, attributing Cerebral, for example. The toolbar may not be altered or removed.
2. Responsibility of Visitors.
Cerebral has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Cerebral does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Though we will attempt to ensure the propriety of our Services, our Services may inadvertently contain material that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Similarly, our Services may also inadvertently contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Cerebral disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
3. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Cerebral links, and that link to Cerebral. Cerebral does not have any control over those non-Cerebral websites, and is not responsible for their contents or their use. By linking to a non-Cerebral website, Cerebral does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Cerebral disclaims any responsibility for any harm resulting from your use of non-Cerebral websites and webpages.
4. Copyright Infringement.
As Cerebral asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on Cerebral violates your copyright, you are encouraged to notify Cerebral. Cerebral will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Cerebral will terminate a visitor’s access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Cerebral or others. In the case of such termination, Cerebral will have no obligation to provide a refund of any amounts previously paid to Cerebral.
5. Intellectual Property.
The Agreement does not transfer from Cerebral to you any Cerebral or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Cerebral. Cerebral, the Cerebral logo, and all other trademarks, service marks, graphics and logos, trade secrets, patents or other intellectual property underlying, or used in connection with, Cerebral or our Services, are owned by Cerebral or its licensors. You will not disassemble, decompile or reverse engineer all or any portion of the Services. Your use of our Services grants you no right or license to reproduce or otherwise use any Cerebral or third-party intellectual property.
Cerebral may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the Agreement or your Cerebral account (if you have one), you may simply discontinue using our Services. All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties.
OUR SERVICES ARE PROVIDED “AS IS.” CEREBRAL AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER CEREBRAL NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT OUR SERVICES WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, OUR SERVICES AT YOUR OWN DISCRETION AND RISK.
9. Limitation of Liability.
IN NO EVENT WILL CEREBRAL, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THE AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA OR CONTENT; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU (OR YOUR COMPANY, AS APPLICABLE) TO CEREBRAL DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. CEREBRAL SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
10. General Representation and Warranty.
11. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. sanctions. Such use is prohibited, and Cerebral reserve the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Cerebral, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of the Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.