Terms of use

Last updated: October 12, 2021

 

This web page represents our Terms of Use and Sale (“Agreement”) regarding our website, https://www.neuromedia.io (“Website “) and our Services made available through our website (“Services”). It was last posted on 25 January 2021. The terms, “we” and “our” as used in this Agreement refer to NeuroMedia Software SA.

CasterStats is a registered trademark owned by NeuroMedia Software SA.

We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.

We refer to this Agreement, our Privacy Policy, and any other terms, rules, or guidelines on our Website collectively as our “Legal Terms.” You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website or use our Services. If you do not wish to be so bound, please do not use or access our Website or Services.

Limited License

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable license to use our Services for your personal use and not for resale or further distribution. Your right to use our Services is limited by all terms and conditions set out in these Terms.

Access to our services

We do not provide you with the equipment to access our Services. You are responsible for all fees charged by third parties related to your access and use of our Services (e.g., charges by Internet service providers).

We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services.

We also reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to our Services at any time, for any or no reason, with or without prior notice, and without liability.

Restrictions

You must comply with all applicable laws when using our Services. Except as may be expressly permitted by applicable law, or as NeuroMedia Software SA may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information or other content made available on our Services (collectively, “Service Content”) or compile or collect any Service Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Services or to store, copy, modify, distribute, or resell any Service Content; (iii) rent, lease, or sublicense your access to our Services to another person; (iv) use any Services or Service Content for any purpose except for your own personal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of our Services; (vi) use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Services; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Services or any Service Content.

Restricted areas of the services

Certain parts of our Services, including account management features, may be password-restricted to registered users or other authorized persons (“Password-Protected Areas”). If you are authorized to gain access to any Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or our Services that is known to you.

Privacy policy

We may collect registration and other information about you through our Website and our Services. Our collection and use of this information is governed by our Privacy Policy, available at https://neuromedia.io/en/privacy-policy/

Copyrights and Trademarks

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website and Services are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by NeuroMedia Software SA. Our Website and Services as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. NeuroMedia Software SA aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of NeuroMedia Software SA, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from NeuroMedia Software SA. NeuroMedia Software SA prohibits use of any logo of NeuroMedia Software SA, CasterStats or any of its affiliates as part of a link to or from any Website unless NeuroMedia Software SA approves such link in advance and in writing. Fair use of NeuroMedia Software SA’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.

Links to Third-Party Websites

Our Website and Services may contain links to Websites owned or operated by parties other than NeuroMedia Software SA. Such links are provided for your reference only. NeuroMedia Software SA does not monitor or control outside Websites and is not responsible for their content. NeuroMedia Software SA’s inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does NeuroMedia Software SA’s inclusion of the links imply that NeuroMedia Software SA is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.

We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Services.

Content Disclaimer

Postings on our Website are made at such times as NeuroMedia Software SA determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. NeuroMedia Software SA does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded.

The information and materials in our website and our Services are provided for your review in accordance with the notices, terms and conditions set forth herein. These materials are not guaranteed or represented to be complete, correct or up to date. These materials may be changed from time to time without notice.

No Warranties; Exclusion of Liability; Indemnification

Our Service is operated by NeuroMedia Software SA on an “as is,” “as available” basis, without representations or warranties of any kind. To the fullest extent permitted by law, NeuroMedia Software SA specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement for our website and any contracts and services you purchase through it. NeuroMedia Software SA shall not have any liability or responsibility for any errors or omissions in the content of our website, for contracts or services sold through our website, for your action or inaction in connection with our website or for any damage to your computer or data or any other damage you may incur in connection with our website. Your use of our website and any contracts or services are at your own risk. In no event shall either NeuroMedia Software SA or their agents be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of our website, contracts and services purchased through our website, the delay or inability to use our website or otherwise arising in connection with our website, contracts or related services, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. In no event shall NeuroMedia Software SA’s liability for any damage claim exceed the amount paid by you to NeuroMedia Software SA for the transaction giving rise to such damage claim.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.

Without limiting the foregoing, NeuroMedia Software SA do not represent or warrant that the information on the website is accurate, complete, reliable, useful, timely or current or that our website will operate without interruption or error.

You agree that all times, you will look to attorneys from whom you purchase services for any claims of any nature, including loss, damage, or warranty. NeuroMedia Software SA and their respective affiliates make no representation or guarantees about any contracts and services offered through our website.

NeuroMedia Software SA makes no representation that content provided on our website, contracts, or related services are applicable or appropriate for use in all jurisdictions.

Indemnification

You agree to defend, indemnify and hold NeuroMedia Software SA harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website or any Software or Services you purchase through it.

Legal notices

These general terms of use, and any obligation, agreement or contract based on them shall be governed by Belgian law.

Any dispute related to the present, its interpretation or execution shall, in the absence of an amicable resolution, be subject to the exclusive jurisdiction of the courts and tribunals of Liege.

Comments, Suggestions & Roadmap

No license, copyright or any kind of know-how or intellectual property rights will be granted to you on the developments owned and controlled by NeuroMedia Software SA.

If you submit an idea or suggestion (such as proposals for services, visuals, technologies, products and improvements thereof) to NeuroMedia Software SA, you grant NeuroMedia Software SA the right to use, develop, share, commercialize, create derivative works without charge or royalties or any other obligations to you. Your ideas and suggestions in any form and for any purpose are the property of NeuroMedia Software SA.

You may not assign proposals that require a License requiring NeuroMedia Software SA to transfer its software, technology or documentation to a third party free of charge on the basis that NeuroMedia Software SA includes your suggestions or any form of concepts and ideas in them.

Contacting us

If you have any questions or concerns about our products, services or these Termes you may contact us at:

NeuroMedia Software SA

Place François Gérard, 2A bte 11

4400 Ivoz-Ramet

Belgium