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These are the terms of service for UserVoice, the service that powers this support portal, not for BrainSharper itself.
The Service is not intended for children under 13. By using the Service, you are representing that you are at least 18, or that you are at least 13 years old and have your parents’ permission to use the Service.
The Company may prohibit any user from using the Service in its sole discretion at any time for any reason, and is not liable for any damage or loss resulting from such prohibition.
You are responsible for using the Service in a private and secure manner. The Company is not liable for any damage or loss due to unauthorized account access resulting from your actions.
You may not use the Service for any illegal activity or to violate laws in your jurisdiction.
You may not use the Service to distribute unsolicited email (“spam”) or malicious content such as viruses or worms.
You may not exploit the Service to access unauthorized information.
Any abuse or threatened abuse of other users of the Service or of Company personnel will result in immediate account termination.
Any failure of the Company to enforce or exercise a right provided in these terms is not a waiver of that right.
Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.
This Terms of Service constitutes the entire agreements between you and the Company and supersedes any and all previous agreements, written or oral, between you and the Company, including previous versions of the Terms of Service.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. You and the Company each agree that any action at law or in equity arising out of or relating to these Terms of Service will be filed only in the state or federal courts in and for San Francisco County, California, and hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
The Company reserves the right to modify, suspend, or discontinue the Service for any reason, with or without notice.
Subject to the license granted below, any remarks, ideas, graphics, photographs, or other information (collectively, “Content”) communicated to the Account Holder (as defined below) and posted on the Service in a Hosted Area (as defined below) belong to the person who posted such content. You may use any Content posted by you in any other way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.
In order to operate and improve the Service, the Company needs the right to make certain uses of your Content as well. Therefore, when you post Content in any Hosted Area, you also agree to grant the Company an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, non-exclusive license to copy, distribute, sell, publicly display, publicly perform and make derivative works of your Content on the Service and on services affiliated with the Service regardless of the form of media used or of whether such services now exist or are developed in the future.
The submission of your Content on the Service is entirely voluntary, non-confidential, gratuitous, and non-committal. You understand that the Account Holder may be working on the same or similar Content, that it may already know of such Content from other sources, that it may simply wish to develop this (or a similar Content) on its own or it may have taken/will take some other action. In return for the Account Holder’s review and consideration of your Content, you acknowledge that you have read, understand and agree to the terms enumerated below, and further agree that these terms shall apply to any additional material previously or later submitted:
The Content represents your own original work. You have all necessary rights to disclose the Content to the Account Holder. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed upon by the Account Holder’s review and/or use of the Content.
You understand that disclosure of Content to the Account Holder does not establish a confidential relationship or obligate the Account Holder to treat your Content (or any related materials) as secret or confidential.
You understand that the Account Holder has no obligation, either express or implied, to develop or use your Content and that no compensation is due to you or anyone else for any inadvertent or intentional use of your Content, related ideas or ideas derived from your idea. You understand that the Account Holder assumes no obligation with respect to any of your Content unless and until the Account Holder enters into a written contract with you, and then only as expressed in that contract. In the absence of a separate formal contract, your rights shall be limited to those existing under the patent laws of the United States.
If your Content is the subject of a pending or issued patent, you have disclosed or will disclose that fact to the Account Holder. To the extent you hold a patent in the Content, the Account Holder acknowledges that no license under any patent is herein granted to the Account Holder. Any license to use a patented Content shall be in the form of a written contract, in which event the Account Holder’s obligations shall be only those expressed in such contract.
The Account Holder will give your Content such consideration as is warranted by its sole judgment. The Account Holder’s review of your Content shall not be construed as any recognition of the novelty or originality of the Content. The Account Holder is not obligated to give reasons for rejecting your Content or to reveal the Account Holder’s activities that are related to the subject matter of the submitted Content.
Neither the discussion or negotiations between the Account Holder and you relating to the possible purchase or license of the Content, nor the making of any offer for the purchase or license of the Content, shall prejudice the Account Holder in any way, or be construed as recognition of the novelty, originality, priority, other rights or value of the submitted Content. Further, the Account Holder’s consideration or its discussions or negotiations with you will not in any way impair the Account Holder’s right to contest the validity or infringement of your rights.
You acknowledge that the Account Holder, directly or indirectly, may (i) be working on the same Content or a similar Content to the Content, or (ii) already know of such Content from other sources, or (iii) simply wish to develop this Content or as similar to the Content on its own.
You hereby irrevocably release and forever discharge the Company and all Account Holders and their affiliates and subsidiaries (together, the “Released Parties”) from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against the Released Parties or their respecting successors and assigns with respect to the Content, including without limitation in respect of how the Company and its affiliates and subsidiaries, directly or indirectly, use the Content, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement.
The Company has the right, but not the obligation, to remove Content that it determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party’s intellectual property, or that is detrimental to the quality or intended spirit of the Service. The Company also has the right, but not the obligation, to limit or revoke the use privileges of account of anyone who posts such Content.
The Company reserves the right to remove any Content from the service, at its sole discretion, including unacceptable content.
Examples of unacceptable Content or behavior on the Service include:
The Company cannot control all Content posted by third parties to the Service, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. If you would like to report objectionable materials, you may use the “Flag for review” feature on any topic or reply. Urgent issues can be reported to email@example.com.
The Company owns intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Service owned by the Company.
The Company is not liable for any damages or losses resulting from the Service transmitting information such as invoices and personal messages over unencrypted networks such as email.
The Company respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Company’s copyright agent:
The Company’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
655 Montgomery St, Suite 1170
San Francisco, CA 94111
By email: copyright [at] uservoice [dot] com
Representations and Warranties. Without limiting any other representation, warranty or covenant herein, each party hereby represents and warrants to the other party that: (a) it has the full right, power and authority to enter into this Agreement; (b) this Agreement is a valid and binding obligation of such party; and © it has obtained and shall maintain throughout the term of this Agreement all necessary licenses, authorizations, approvals and consents to enter into and perform its obligations hereunder in compliance with all applicable laws, rules and regulations.
Indemnification. Each party agrees to defend, indemnify and hold the other party and its affiliates harmless from and against any third-party claim and any related losses, costs, liabilities and expenses, including reasonable attorneys’ fees, arising out of the breach of any representations, warranties or covenants made by such party herein, or out of such party’s negligence or willful misconduct. Each party (the “Indemnified Party”) reserves the right, at the other party’s expense, to assume the exclusive defense and control of any matter for which the other party is required to indemnify the Indemnified Party and the other party agrees to cooperate with the Indemnified Party’s defense of such claims.
UserVoice Warranties; Disclaimers. UserVoice hereby represent and warrants that neither the Service nor use of the UserVoice Platform as contemplated herein will infringe on the rights of any third parties or violate any applicable laws or regulations, including, without limitation copyright, trademark and patent laws. UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, USERVOICE MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. USERVOICE DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICE, AND ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.
Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF SUCH PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL EITHER PARTY’S OR ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY ACCOUNT HOLDER TO USERVOICE HEREUNDER.
If you are an employee of the federal government of the United States and are using UserVoice for official government work, the TOS is amended as follows: Amendment to UserVoice Terms of Service
Effective as of September 20, 2016.
UserVoice, Inc. (“UserVoice,” “we,” “our” or “us”) has self-certified to the EU-U.S. Privacy Shield. UserVoice also maintains an affirmative commitment to the U.S.-Swiss Safe Harbor Framework and its principles.
We value your comments about our privacy statement and invite you to e-mail us with inquiries, suggestions and complaints at: firstname.lastname@example.org.
In order to enhance your user experience and improve the UserVoice Services, UserVoice collects information about you from two sources: (i) information you affirmatively give to us; and (ii) information automatically collected when you visit any of the UserVoice Websites or use any UserVoice Services. Third parties may also collect your information in connection with your use of UserVoice Services.
When you sign up for UserVoice Services, we may ask you to provide certain information about yourself such as your name, email address, billing address, and company name or affiliation. You can view all of the information collected during the registration process by visiting the registration page. You may modify or remove any of your personal information at any time by logging into your account and accessing features that will allow you to edit your profile and account Information.
After you provide such information and set up your account, we may ask you to provide additional information about yourself on an optional basis. We may ask you for certain financial information, including credit card account data or other payment method data, to process payments for some of our services. UserVoice may collect any communication it has with you via any means, including e-mail, telephone, and letters.
UserVoice may use services that collect data remotely by using “pixel tags,” “web beacons,” “clear GIFs,” or similar technologies. Such technologies can recognize certain types of information on your web browser, check whether you have viewed a particular web page or email message, and determine, among other things, the time and date on which you viewed them and the IP address of the computer from which you viewed them.
UserVoice uses the information it collects from you to deliver UserVoice Services to you and continuously enhance your user experience. Generally speaking, we use the collected information to communicate with you, fulfill your requests, customize the content, improve our products and services, protect our and your rights, and comply with laws and regulations.
The information that we collect from you may be used in aggregate form in various ways to optimize and improve UserVoice Services. While such information may be based on information about you, it will not identify you personally. We may use such information for the following purposes: website management, administration and security, promotional activities, and research and analysis.
UserVoice may share as it sees fit information that you voluntarily make public, including information that you post on any blogs, message boards, chat rooms or other similar forums, whether or not such forums are owned by UserVoice. Since such public information can be accessed by the public and used by any member of the public, such use by third parties is beyond the control of UserVoice.
Note that if you sign up for service from one of our affiliates, we may ask for your consent to share with such third party partner certain of your personal information. While UserVoice is not responsible for the acts of such partners, we encourage all of our partners to adopt privacy policies that protect against the disclosure of personal information to third persons.
If you notify us that you believe your legal rights have been violated by UserVoice or another user of the UserVoice Services, we may provide the information that you provide to us to others to the extent that we believe it is necessary to evaluate and respond to your complaint. For instance, if you submit a notice of copyright infringement to us, we may send a copy to the person or entity who uploaded, stored, or transmitted the material addressed by the communication.
UserVoice may share with third parties your personal information and related aggregated data. For example, UserVoice may share IP addresses of its users to provide anonymous aggregated data to business partners about the volume of use on the UserVoice Services and the specific UserVoice Services in which users are most interested. Because this form of data does not identify particular users, these third parties will not be able to contact you based solely on this data.
If UserVoice sells all or part of its business, or makes a sale or transfer of assets, or is otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, UserVoice may transfer your personal information and non-personal information to one or more third parties as part of such transaction.
You have the choice about whether to disclose your personal information or other information about yourself to UserVoice. Regardless of your choices with respect to promotional communications and updates regarding content, UserVoice may send you administrative messages, service announcements, terms and conditions of your account, or other similar communications, without offering you the opportunity to opt out of receiving them.
Your UserVoice accounts may be secured by member-created passwords, in which case reasonable precautions are taken to ensure that your account information is kept private. You are responsible for keeping your passwords confidential. We ask you not to share your password with anyone. UserVoice uses reasonable measures to protect your information stored within our databases, and we restrict access to such information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Any payment transactions will be encrypted using SSL technology. Despite these efforts, please note that we cannot ensure or guarantee the security of your information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of your information at any time.
UserVoice complies with the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from Switzerland. UserVoice has certified that it adheres to the U.S.-Swiss Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification page, please visit http://2016.export.gov/safeharbor/swiss.
655 Montgomery St, Suite 1170
San Francisco, CA 94111
Attn: Chief Executive Officer
UserVoice has further committed to refer unresolved privacy complaints under the U.S.-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR DISPUTE RESOLUTION, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by UserVoice, you may contact the BBB EU SAFE HARBOR DISPUTE RESOLUTION program at the address below:
If you have any questions about this privacy statement, the practices of the UserVoice Website and UserVoice Services, or your dealings with UserVoice, please contact us at: email@example.com