| |
Welcome to the Internet site of Neuros Audio, LLC ("Neuros Site"). Neuros Audio, LLC
and its affiliates may be referred to herein as "Neuros," "we," "us," or "our."
Please Read These Terms Of Service Carefully Before Using The Neuros Site.
By using the Neuros Site, you signify your agreement to these Terms of Service. If you do not
agree to these Terms of Service, please do not use the Neuros Site. We reserve the right, at our
discretion, to change, modify, add, or remove portions of these terms at any time. Please check
these terms periodically for changes. Your continued use of this Neuros Site following the posting of
changes to these terms will mean you accept those changes.
NOTICE: You must be at least 18 years of age or have the approval of a parent or legal guardian
to accept this Agreement and use the Neuros Site. These Terms of Service also contain warnings
with respect to content to which you may be exposed.
Restrictions On Use Of Materials
All materials contained in any Neuros Site are the copyrighted property of Neuros Audio, LLC,
its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service
marks, and trade names are proprietary to Neuros Audio, LLC or its affiliates. No material
from any Neuros Site or any Internet site owned, operated, licensed, or controlled by us or our
affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in
any way, except that you may view, use and otherwise download one copy of the materials on
any single computer for your personal, noncommercial home use only, provided that (i) you keep
intact all copyright and other proprietary notices, (ii) you make no modifications to the materials,
(iii) you do not use the materials in a manner that suggests an association with any of our
products, services, or brands, and (iv) you do not download quantities of materials to a database
that can be used to avoid future downloads from any Neuros Site. For purposes of these terms, the use
of any such material on any other Web site or computer environment is prohibited. All
trademarks, service marks, trade names, and trade dress are proprietary to us.
In the event you download software from any Neuros Site, the software, including any files, images
incorporated in or generated by the software, and data accompanying the software (collectively,
the "Software") are licensed to you by us or third-party licensors for your personal,
noncommercial home use only. We do not transfer title to the Software to you. You own the
medium on which the Software is recorded, but we (or our third-party licensors) retain full and
complete title to the Software and all intellectual property rights therein. You may not
redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to
a human-readable form, and your use of such Software shall additionally be governed by a
separate End User License Agreement between you and Neuros.
Submissions
We are pleased to hear from our visitors and welcome your comments regarding our products
and services. Unfortunately, however, our long-standing company policy does not allow us to
accept or consider creative ideas, suggestions, or materials other than those that we have
specifically requested. We hope you will understand that it is the intent of this policy to avoid the
possibility of future misunderstandings when projects developed by our professional staff might
seem to others to be similar to their own creative work. Please do not send us any unsolicited
original creative materials such as product or other ideas or original artwork. While we do value
your feedback on our services and products, we request that you be specific in your comments on
those services and products, and not submit any creative ideas, suggestions, or materials (unless
specifically requested by us).
If, at our request, you send certain specific submissions (e.g., postings to chat, boards, or
contests) or, despite our request, you send us creative suggestions, ideas, notes, drawings,
concepts, or other information (collectively, the "Submissions"), the Submissions shall be
deemed, and shall remain, our property. None of the Submissions shall be subject to any
obligation of confidence on our part and we shall not be liable for any use or disclosure of any
Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or
hereafter existing rights to the Submissions of every kind and nature throughout the universe and
shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial
or otherwise, without compensation to the provider of the Submissions.
Forums And Public Communication
"Forum" means a chat area, message board, or e-mail function offered as part of any Neuros Site. If
you participate in any Forum within a Neuros Site, you must not:
|
Defame, abuse, harass or threaten others; |
|
|
Make any bigoted, hateful, or racially offensive statements |
|
|
Advocate illegal activity or discuss illegal activities with the intent to commit them; |
|
|
Post or distribute any material that infringes and/or violates any right of a third party or any law; |
|
|
Post or distribute any vulgar, obscene, discourteous, or indecent language or images; |
|
|
Advertise or sell to or solicit others; |
|
|
Use the Forum for commercial purposes of any kind; |
|
|
Post or distribute any software or other materials that contain a virus or other harmful component; or |
|
|
Post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board. |
It is our policy to respect the privacy of all customers. Therefore, in addition to the privacy of
Registration data (see our Privacy Policy), we will not monitor, edit, or disclose the contents of a
customer's e-mail unless (a) you authorize us to do so, (b) we must do so in order to resolve
technical problems on any Neuros Site; or (c) unless required to do so by law or in the good-faith
belief that such action is necessary to: (1) comply with the law or comply with legal process
served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect
the safety of our customers or the public. Customers shall remain solely responsible for the
content of their messages.
We reserve the right to remove or edit content from any Forum at any time and for any reason.
By uploading materials to any Forum or submitting any materials to us, you automatically grant
(or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free,
irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate,
publicly perform and display, create derivative works from and distribute such materials or
incorporate such materials into any form, medium, or technology now known or later developed
throughout the universe. In addition, you warrant that all so-called "moral rights" in those
materials have been waived.
When participating in a Forum, never assume that people are who they say they are, know what
they say they know, or are affiliated with whom they say they are affiliated with in any chat
room, message board, or other user-generated content area. Information obtained in a Forum
may not be reliable, and it is not a good idea to trade or make any investment decisions based
solely or largely on information you cannot confirm. We cannot be responsible for the content or
accuracy of any information, and shall not be responsible for any trading or investment decisions
made based on such information.
Content Linked To Any Neuros Site
Please exercise discretion while browsing the Internet using any Neuros Site. You should be aware
that when you are on a Neuros Site, you could be directed to other sites that are beyond our control.
There are links to other sites from Neuros pages that take you outside of our service. For example, if
you click on a banner advertisement or a search result, the click may take you off the Neuros Site.
This includes links from advertisers, sponsors, and content partners that may use our logo(s) as
part of a co-branding agreement. These other sites may send their own cookies to users, collect
data, solicit personal information, or contain information that you may find inappropriate or
offensive. In addition, advertisers on Neuros Sites may send cookies to users that we do not control.
We reserve the right to disable links from third-party sites to any Neuros Site.
We make no representations concerning the content of sites listed in any of our directories.
Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance,
legality, or decency of material contained in sites listed in our search results or otherwise linked
to a Neuros Site.
Please keep in mind that whenever you give out personal information online --- for example, via
message boards or chat --- that information can be collected and used by people you don't know.
While Neuros strives to protect your personal information and privacy, we cannot guarantee the
security of any information you disclose online; you make such disclosures at your own risk.
Disclaimer
THE MATERIALS IN THIS NEUROS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
MATERIALS ON ANY NEUROS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT ANY NEUROS SITE OR THE SERVERS THAT
MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIALS ON ANY NEUROS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information
found on sites that link to or from any Neuros Site. We cannot ensure that you will be satisfied with
any products or services that you purchase from a third-party site that links to or from any Neuros
Site or third party content on our sites. We do not endorse any of the merchandise, nor have we
taken any steps to confirm the accuracy or reliability of, any of the information contained in such
third-party sites or content. We do not make any representations or warranties as to the security
of any information (including, without limitation, credit card and other personal information) you
might be requested to give any third-party, and you hereby irrevocably waive any claim against
us with respect to such sites and third-party content. We strongly encourage you to make
whatever investigation you feel necessary or appropriate before proceeding with any online or
offline transaction with any of these third parties.
Search and Directory are free services offered by us. Because the Web changes constantly, no
search engine technology can possibly have all accessible sites at any given time. Thus, we
explicitly disclaim any responsibility for the content or availability of information contained in
our search index or directories.
Credit Cards
Neuros takes the issue of your privacy seriously. We only use your credit card number, billing and
shipping information to process orders when you buy goods or services from our web site. We
do not share your credit card information with anyone else. For more information, please read
our Privacy Policy.
To protect the security of your credit card information, we employ the industry-standard Secure
Sockets Layer (SSL) technology. We also encrypt your credit card number when we store your
order.
If you have reason to believe that your account is no longer secure (for example, in the event of a
loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge
card number stored on the Neuros Site) you agree to immediately notify Neuros of the problem to avoid
possible liability for any unauthorized charges to your account.
Indemnification
You are entirely responsible for maintaining the confidentiality of your password and account
and for all activities that occur under your account. You hereby indemnify, defend, and hold us
and our affiliates and our officers, directors, owners, agents, information providers, affiliates,
licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any
and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified
Parties in connection with any claim arising out of any breach by you of this Agreement or
claims arising from your account. You shall use your best efforts to cooperate with us in the
defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you.
Limitation Of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, ANY NEUROS SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING ANY NEUROS SITE.
Jurisdictional Issues
Unless otherwise specified, the materials in any Neuros Site are presented solely for the purpose of
promoting products and services available in the United States and its territories, possessions,
and protectorates. Neuros is controlled and operated from its offices in Illinois, U.S.A. We make no
representation that materials on any Neuros Site are appropriate or available for use in any particular
location. Those who choose to access a Neuros Site do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws are applicable. Software from this
site is further subject to United States export controls. No software from this site may be
downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed
goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the
Software, you represent and warrant that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
Termination
These terms are effective until terminated by either party. You may terminate these terms at any
time by discontinuing use of all Neuros Sites and destroying all materials, including, without
limitation, all Software, obtained from any and all such sites and all related documentation and
all copies and installations thereof, whether made under these terms or otherwise. Your access to
any and all Neuros Sites may be terminated immediately without notice from us if in our sole
discretion you fail to comply with any term or provision of these terms. Upon termination, you
must cease use of the Neuros Site and destroy all materials obtained from such site and all copies
thereof, whether made under these terms or otherwise.
General Provisions
These terms shall be governed by and construed in accordance with the laws of the State of
Illinois, without giving effect to any principles of conflicts of law. You agree that any action at
law or in equity arising out of or relating to these terms shall be filed only in the state or federal
courts located in Cook County, Illinois, and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such action. If any provision of these
terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from these terms and shall not affect the validity and enforceability of any
remaining provisions. The paragraph headings contained in these Terms of Service are for the
purposes of convenience only and are not intended to define or limit the contents of said
paragraphs. Neuros's failure to enforce at any time any of the provisions of these Terms of Service
shall in no way be construed to be a present or future waiver of such provisions, nor in any way
affect the right of any party to enforce each and every such provision thereafter. By continuing to
use the Service and subject to the notice provisions of these Terms of Service, you consent to and
accept any and all changes to these Terms of Service and any other terms and conditions posted
from time to time on the Neuros Site.
Notice And Procedure For Making Claims Of Copyright Infringement
We may give notice to our users by means of a general notice on any Neuros Site, electronic mail to a
user's e-mail address on our records, or by written communication sent by first-class mail to a
user's address on our records.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright
infringement should be sent to Service Provider's Designated Agent.
Notification must be submitted to the following Designated Agent:
Service Provider: Neuros Audio, LLC
650 W. Lake Street
Suite 330
Chicago, Illinois
60661
To be effective, the notification must be a written communication that includes the following:
|
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; |
|
|
Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; |
|
|
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; |
|
|
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; |
|
|
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and |
|
|
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. |
|
|