This Terms of Service "Agreement" sets forth the legally binding terms for your use of Braintone Art, its Website, products, and Services. This "Site", "Website" or "Service", www.www.braintoneart.com is owned and operated by Braintone Art, LLC, "Braintone Art", "We", "Us", "Our", and any such reference to Braintone Art shall carry this ownership. By accessing and browsing this Website, you accept, without limitation or qualification, this Agreement. You are only authorized to use Braintone Art if you agree to abide by all applicable laws and to this Agreement. If you do not agree with the Agreement, you should leave the Braintone Art Website and refrain from using any Services immediately.
If you do not understand or do not agree to these Terms of Service, do not use this Website for any reason. The Terms of Service may change at any time without specific notice to you. The latest version will always be posted here. Other guidelines may be posted from time to time separate from this Terms of Service document of which you are also subject. These guidelines are hereby incorporated by reference into this Terms of Service. The Privacy Statement, which may change at any time, is a part of this Terms of Service. You may view it here. The latest version will always be posted there.
Braintone Art is an experience and process that allows participants to create artwork harnessing the power of their brainwaves using an EEG input device by NeuroSky coupled with a desktop user interface designed by Braintone Art, LLC. Our Services may change from time to time without prior notice to you. Part of our Service may include advertising on the Website and you agree to such activity. You also understand that this Service includes basic communications from Braintone Art. Having an account means that you cannot opt out from receiving these communications. Finally, you understand and agree that this Service is provided "as-is" and we are not assumed responsible for the loss, timeliness, or mis-delivery of information or other personalized settings. We are not responsible for providing to you the means to access our Services.
The Braintone Art logo, trademark, the "Your brain is the artist." slogan, and other Braintone Art logos, trademarks, and slogans are trademarks or Service marks of Braintone Art, LLC. Without our prior and explicit permission, you agree not to display or use these marks in a manner that would harm Braintone Art or against our other guidelines set forth in this Terms of Service.
You acknowledge that this Website, Service, and software contain proprietary and confidential information and processes that are protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website, Service or software. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of this Service, use of the Service, or access to the Service.
The documents and information on this Website are copyrighted materials of Braintone Art. Copyright information contained on this domain is protected by law. All unique concepts, names, and processes within this Website are sole intellectual property of Braintone Art and are not to be duplicated or presented (publicly or privately) in any way, shape, or form to a third party without the explicit consent of Braintone Art. Any violator will be subject to the maximum fine and penalty imposed by law. No claim of copyright is made on any 3rd party software, Websites, images, video, documents, or text that may be posted or referenced either by you or Braintone Art.
Braintone Art will not be held liable in any way for third party Website content (or its availability) referred to in this Website or its products as this is impossible to monitor at all times. You are hereby also reminded that protecting against malicious Internet activity such as viruses should be practiced. Braintone Art will not be liable for any event should it occur.
You are responsible for maintaining the confidentiality of your account information including your password. You are responsible for any activity that may occur under your account while logged in. You understand that if such a breach of your account is observed you are to cease use of the account and notify us immediately. You also understand that it is your responsibility to log out of your account after each and every session. We are not liable for any damages that occur from your failure to follow these procedures.
You understand that Braintone Art may set limitations on the use of these Services such as how many sessions may be conducted, the number of orders transacted, the number of search queries, the number of contact and/or support emails sent or received, the size of any communication, the maximum disk space allowed for your account, and the number of times you may visit this Website or use this Service within a specified time. You understand that we reserve the right to log you off at any time and for any reason. You also understand that we may restrict access to the Website and Services at any time for maintenance, and we can in no way be held liable for any damages that may arise from this restriction of access.
You understand that all information you provide to us shall be true, accurate, and current and you shall update your information should it change. If we have any reason to suspect your information is untrue in any way, we reserve the full right to terminate your account and ban you from future use.
You understand and agree that you, and not Braintone Art, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via this Service. You also understand that by using the Service, you may be exposed to content that is offensive, indecent, or objectionable. Braintone Art will not be held liable in any way, shape, or form for the behavior of its users or any users being exposed to offensive, indecent or objectionable content.
You agree that you will not use the Service to:
Braintone Art reserves the right to remove any material and at any time we feel may be damaging or inappropriate in a way to any person or entity. Braintone Art reserves the right, in its sole discretion, to reject or refuse access to any IP address at any time, for any or no reason, with or without prior notice, and without liability. We also reserve the right to terminate your account at any time and for any reason.
You acknowledge, consent and agree that it may be necessary to share your account information to any applicable authority in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Braintone Art Terms of Service, or as otherwise required by law.
Braintone Art was built intended for a broad audience. We do our best to police the Website for inappropriate content and or illegal information and will remove it immediately. However, there is some content that may or may not be objectionable to some users as related to their age. Accordingly, YOU MUST BE AGE 13 OR OLDER TO USE THIS SITE AND THE SERVICES; IF YOU ARE UNDER AGE 18 YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN'S PERMISSION TO USE THIS SITE AND THE SERVICES, AS WELL AS HAVE THEM READ AND AGREE TO THESE TERMS. YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF A USER THAT IS AT LEAST 13 YEARS OF AGE, AND YOU AGREE TO THESE TERMS. It is not the responsibility of Braintone Art to screen a users age in accordance with the material they may find on our Website or other Websites linked to our Website. Thus, we must ultimately rely on parents to prohibit their child from using our Website and other Websites should the parents or minors find them inappropriate. By using this Website, you agree to our age usage policy.
Audio: Part of our Service involves listening to music either through external speakers or headphones. Some users may have temporary or permanent hearing loss if exposed to loud audio signals or other noise affecting the eardrum. You agree that you are responsible for your own usage and volume control of audio devices and the repercussions of that usage when using this Service.
Visual: Some users may experience epileptic seizures when exposed to certain visual stimuli or colors on their monitor when using this Service.
General: If you or anyone you know has a medical condition, consult your physician before using this Service. Immediately discontinue use of this Service if you should experience dizziness, blurred or altered vision, involuntary twitches or movements, loss of awareness, disorientation, or convulsions.
You agree to indemnify and hold Braintone Art and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through this Service, your use of this Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Braintone Art shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this Service.
Users are expected to adhere to the applicable laws of their locality. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. It is not the responsibility of Braintone Art to inform you of such laws. If any part of this Agreement is found to be unenforceable or void by a particular law, it is assumed to be excluded from this Agreement. The Agreement shall remain intact in its entirety with the exclusion of these parts.
You agree that there shall be no third-party beneficiaries to this Agreement. You agree that your Braintone Art account is non-transferable and any rights to your "ID" or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
You use this Service at your own risk. It is provided "as-is" and "as-available" and any damages resulting from its use are not our responsibility. We make no warranty of Service in any way, shape, or form or that it will meet your expectations or requirements.
You expressly understand and agree that Braintone Art and its subsidiaries, officers, employees, affiliates, partners, licensors, and agents shall not be held liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.
These terms and conditions pertain to the use of the Braintone Art Website and its Services at http://www.braintoneart.com. Braintone Art is hosted in the United States. By accessing this page, with or without creating an account, I agree that: "I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE."
