AIMONK LABS PRIVATE LIMITED.
Last Modified: July 12, 2020
PLEASE READ THIS DOCUMENT CAREFULLY
By accessing or using our Platform in any way or clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, or completing the NeuralMarker account registration process, you hereby represent that:
You have read, understood, and agree to be bound by all terms of this Agreement without modification and any future amendments and additions to this Agreement as published from time to time at https://neuralmarker.ai or on a subdomain. You are of legal age in the jurisdiction in which you reside to form a binding contract with NeuralMarker and;You have the authority to enter into the Agreement personally and, if applicable, on behalf of any company, organization, or other legal entity you have named as the user during the NeuralMarker account registration process and to bind that company, organization, or entity to the Agreement.
The terms "you," "user" and "users" refer to all individuals who access or use our Platform, including, without limitation, any companies, organizations, or other legal entities that register accounts or otherwise access or use the Platform through their respective employees, agents or representatives. Except as otherwise provided herein, IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE PLATFORM.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. Our Platform does not address anyone under the age of 13, and we do not knowingly collect information from anyone under the age of 13. If you learn that someone under the age of 13 has provided us with personal information contrary to these rules, please contact us as specified in the “Contact Information” section below.
Eligibility and Representation
To use our Platform, you must:be at least sixteen (16) years old; complete the registration process; agree to the Terms and provide true, complete, and up to date contact information.By using our Platform, you represent and warrant that you meet all the requirements listed above, and that you won't use our Platform in a way that violates any laws or regulations. You agree to maintain the accuracy of such information and promptly update such registration information as necessary. We may refuse service, close accounts of any users, and change eligibility requirements at any time.
Intellectual Property Rights
Company grants to You, and You do hereby accept, a limited, non-transferable, revocable license to access and make personal use of the platform and not to download, modify, alter, adjust, change, or amend the platform in any way. This license does not include:
the right to resale or commercially use the platform or its contents; or the right to make any collection and use of any copy, content, postings, or viewable materials; the right to make any derivative use of the platform or its contents; the right to any downloading or copying of information for the benefit of another merchant; the right to use data mining, web scraping, robots, spider/web crawler, offline readers, or similar data gathering and extraction tools; the right to reproduce, duplicate, copy, sell, resell, sublicense, or otherwise exploit the platform; the right to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company; or the right to use any meta tags or any other "hidden text" utilizing Company's name or trademarks.the right to reverse engineer or otherwise decompile, decipher or derive any source code or underlying algorithms or ideas of any part of the Websites and Mobile Apps.the right to use the Websites and Mobile Apps in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the platform, including their ability to engage in real time activities through the platform.the right to use any device, software, or routine that interferes with the proper working of the platform.the right to introduce any viruses, Trojan horses, worms, or other material that is malicious or technologically harmful.to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the platform, the server on which the platform is stored, or any server, computer, or database connected to the platform.the right to attack the platform via a denial-of-service attack or a distributed denial-of-service attack.the right to otherwise attempt to interfere with the proper working of the platform. Engaging in any unauthorized use terminates the permission or license granted herein.
All content (other than any profile information provided by You and any material posted to the platform by You/users), compilation of content, and software included or used on the platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, datasets, is the property of Company or its content suppliers and is protected by United States and international copyright laws. You hereby agree not to make any use of any of the copyrighted material or content appearing on the platform, without the express prior written permission of the Company.
Company's trademarks, identified on the platform with a ™ or ®, are the exclusive property of the Company. All other trademarks not owned by Company that appear on the Websites and Mobile Apps are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company. You hereby agree not to make any use of any of the trademarks appearing on the Websites and Mobile Apps, without the express written permission of the Company.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." NEURALMARKER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND NON-INFRINGEMENT. IN ADDITION, NEURALMARKER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE PLATFORM OR THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
YOUR EXCLUSIVE REMEDY AND NEURALMARKER'S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THE PLATFORM SHALL BE LIMITED TO THE AMOUNT YOU PAID NEURALMARKER, IF ANY, DURING THE ONE-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY .IN NO EVENT SHALL NEURALMARKER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You acknowledge to defend, indemnify and hold the company, its affiliates, subsidiaries, directors, officers, employees, agents, partners and any other licensors (each, an "Indemnified Party") harmless from and against any claim, disputes or demand, including reasonable attorneys' fees, made by a third party, relating to, or arising from:Your wrongful or improper use of the Platform;Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our Platform;The indemnifications set forth above will survive the termination or expiration of this Agreement and/or your use of the Platform.
Account Suspension and Termination
Representations and Warranties; User Content.
User Content; Representations and Warranties.
You retain all ownership rights in any content, information, or materials You post, submit, publish, display, or transmit on the platform and/or to other users or other persons (collectively, “User Content”). YOU ASSUME ALL DUTIES AND OBLIGATIONS WITH RESPECT TO AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH THE PRIVACY LAWS GOVERNING ANY PERSONAL DATA CONTAINED IN YOUR USER CONTENT TO THE PLATFORM. In addition to and without limiting the foregoing, You represent and warrant that
(i) all information, including any personally identifiable information, you upload to the platform (the “Personal Data”) has been obtained by You in compliance with all applicable privacy laws and regulations, and
COMPANY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM THE USE BY VISITORS/USERS OF THE PLATFORM, OR FROM ANY DOWNLOADING BY THOSE VISITORS/USERS OF CONTENT THERE POSTED.