Terms of Service
TERMS of SERVICE
These terms govern your use of this website (the "Website") as well as all services provided hereunder (the "Services"). The Website and the Services are provided by BrainDistrict GmbH ("BrainDistrict"). Please read these terms of service (the "Terms") carefully. By using the Website or Services you agree to the Terms.
Use of the Website
- Unless otherwise stated, BrainDistrict and/or its licensors (collectively "BrainDistrict") own the intellectual property rights in the Website, Services and material on the Website. Subject to the license below all these intellectual property rights are reserved.
- You may view, download for caching purposes only and print pages or other content from the Website for your own personal use, subject to restrictions as set out below and elsewhere in these Terms.
- You must not:
- Republish material from this Website (including republication on another Website);
- Sell, rent or sublicense material from the Website
- Reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose
- Redistribute material from this Website except for content specifically and expressly made available for redistribution;
- Use this Website in any way that causes or may cause damage to the Website or impairment of the availability or accessibility of the Website; or in any way is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- Use this Website to copy, store, post, transmit, send, use, publish or distribute any material which consists of, or is linked to, any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- Conduct any systematic automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without BrainDistrict’s express prior consent,
- Use this Website to transmit or send unsolicited commercial communications
- Use this website for any purposes related to marketing without BrainDistrict's express written consent.
Use of the Services
- BrainDistrict hereby grants you the non-exclusive and non-transferable right and license to access and use the Services in accordance with the provisions of these Terms and procedures which may be communicated separately by BrainDistrict.
- BrainDistrict further grants you the non-exclusive and non-transferable right, subject to these Terms, to download text-to-3d works made available by the Services and to upload text-to-3d works generated by BrainDistrict's RaySupreme® software (the "Works").
- When you upload Works to the Website or Services,
- You grant BrainDistrict the non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast and otherwise communicate the Works or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment of the attribution of any kind to you or any third party. You grant BrainDistrict all licenses, consents and clearances to enable BrainDistrict to use such Works for such purposes and the right to bring an action for infringement of these rights;
- You grant other users a worldwide, royalty free, non-exclusive, transferable and sub-licensable license to display, distribute, perform and reproduce your Works subject to these Terms.
- This licence continues even if you stop using BrainDistrict’s Website or Services.
- You may use the Services only if you comply with these Terms and with the communication or policies made available to you within the Services and only to the extent as permitted by applicable laws and regulations. We may suspend or stop providing the Services to you if you do not comply with the above or if we investigate suspected misconduct.
- Using the Services does not give you ownership of any intellectual property rights in the Services or the content that you access. These Terms do not grant you the right to use any branding or logos used in the Works or Services. Do not remove, obscure or alter any legal notices displayed in or along with the Services or with the Works or any other content.
- We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law.
- We are constantly changing and improving the Services. We may add or remove functionalities or features and we may suspend or stop the Services or part of it altogether.
- Your Works or other content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or BrainDistrict or a third party.
- By submitting Works or other content to the Website, you are certifying that you are the legal owner of such content and have the right to submit it.
- BrainDistrict reserves the right to edit or remove any Works or other content submitted to the Website or Services or stored on BrainDistrict's servers. Notwithstanding BrainDistrict’s right in relation to user content, BrainDistrict does not undertake to monitor the submission of such content to, or the publication of such content on this Website.
- BrainDistrict has no obligation to store your Works or other content and no responsibility or liability for the deletion or accuracy of any materials, including your Works, the failure to store, transmit or receive transmission of Works or any other content, or the security, privacy, storage and transmission of other complications originating with or involving the use of the Services.
- You agree that BrainDistrict retains the right to create reasonable limits on the use of materials, including your Works, such as limits on the file size, storage space, processing capacity, as determined by BrainDistrict in its sole discretion.
- You agree that BrainDistrict has no liability of any kind should other users use, modify, destroy, corrupt, copy or distribute your shared Works in violation of the limitations that may be imposed on its use.
Use of Software
If BrainDistrict makes software available for download and if no license agreement accompanies the software, the downloading and the use of such software will be governed by the terms of this section.
- BrainDistrict grants you a personal, worldwide, revocable, limited, non-transferable, non-sub-licensable, non-assignable, non-exclusive licence to use the software in the manner permitted by these Terms. That is, you shall not distribute, lease, rent, sell or sublicense the software.
- You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the software.
- You may not assign or grant a sublicense of your rights to use the software or otherwise transfer any part of your rights to use the software.
- The software may automatically download and install updates from BrainDistrict. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates and permit BrainDistrict to deliver these to you with or without your knowledge as part of your use of the Services.
BrainDistrict will treat your personal data in accordance with the data protection laws of Germany. By using the Services you agree that BrainDistrict can use such data in accordance with said laws.
Termination of the Services
You can stop using the Services at any time. BrainDistrict may also stop providing Services to you or add or create new features or functionalities to the Services at any time.
Disclaimer, Limitation of Liability
- BrainDistrict does not promise, guarantee or warrant that the Services will be consistently accessible 24 hours per day and seven days per week, but BrainDistrict will undertake commercially reasonable efforts during its normal business hours to restore promptly failures of the Services at no additional charge to you.
- BrainDistrict makes no warranties, express or implied, with respect to the Services, the Works or any accompanying part of the Services or of the content including, without limitation, the implied warranties or conditions of merchantability or fitness for a particular purpose.
- BrainDistrict shall have no liability or obligation for any damages or remedies, including, without limitation, the cost of substitute goods, lost data, lost profits, lost revenues or any other direct, indirect, or consequential damages, arising from the use of the Website, the Services and/or the Works and other content provided by the Services.
- If any provision of these Terms is found to be invalid by a court of competent jurisdiction, all other provisions shall remain in full force and effect.
- These Terms shall be governed by and construed in accordance with the laws of the Republic of Germany. The provisions of the U.N. Convention on Contracts for the International Sale of Goods (1980) and any successor Convention shall not apply.
- The rights, restrictions, limitations, disclaimers and remedies granted to, retained by, or for the benefit of BrainDistrict will inure to the benefit of and will be enforceable by BrainDistrict and its licensors, successors and assigns.
- You may not assign your rights, obligations and interest in and to this Agreement without the prior written consent of BrainDistrict.
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