Noixion

Terms of use

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Terms of use 1. Introduction PLEASE READ THESE TERMS OF SERVICE CAREFULLY! THESE CONDITIONS WILL RULE THE USE OF NOIXION. BY USING IT, YOU EXPRESSLY ACCEPT THEM. DON’T USE NOIXION IF YOU DON’T AGREE TO ANY OF THESE TERMS. These Terms of Service &amp. Conditions of Use (hereafter, “ToS”) apply to all the products and services operated by Deep Cognitive Science (hereafter, “DCSC” ). Including, but not limited to, websites https://noixion.tv and https://noixion.io (whether fully operational or Beta / testing versions), networks, software applications, and any other product or service offered by DCSC. Any of these may be subject to separate Terms of Service. Throughout this document "DCSC" or "NOIXION" may be used indistinctly when referring to the supplier of these services. By using any of the NOIXION Services, you will also be subject to NOIXION Privacy Policy. The Terms of Service apply to all NOIXION users, both registered or unregistered (“visitors”). By signing up, downloading, or using any NOIXION service, you agree to a legally binding agreement between you and NOIXION regarding your use of NOIXION services. If you have any objection to these Terms of Service, do not use any of the NOIXION services. When signing up or using NOIXION on behalf of any kind of company or entity, these Terms of Use will extend to the whole organization. 2. Restrictions &amp. Prohibitions 2.1. Age restrictions YOU MUST BE AT LEAST 13 YEARS OLD TO MAKE USE OF NOIXION SITE &amp. SERVICES! If you are under 13, you will not be allowed to use any of our services nor NOIXION at any case. If you are between 13 and 18 (or the age of legal majority in your country), you may only use NOIXION services under the supervision of a parent or legal guardian. 2.2. User restrictions NOIXION services are not available to any user previously banned or removed from NOIXION databases. 2.3. Prohibitions In a broad general sense, it’s strictly prohibited to: <ul> <li> publish, sell, sublicense or commercialize any content not directly uploaded to NOIXION by you;</li> <li> use NOIXION in any harmful way. and</li> <li> use NOIXION illegally or breaking applicable laws and regulations.</li> </ul> YOU AGREE TO: <ol> <li>assume all the responsibility for your conduct while using NOIXION Services. and</li> <li>respect every law, contract, intellectual property or the rights of any other third-party.</li> </ol> YOU AGREE NOT TO: <ol> <li>create, upload, distribute or store any content that is inaccurate, unlawful, defamatory, obscene, pornographic, invasive of privacy, harassing, threatening, abusive, or otherwise objectionable;</li> <li>impersonate any person or entity, falsely claim an affiliation with any person or entity, or access NOIXION accounts of other users without permission, or perform any other similar fraudulent activity;</li> <li>make unsolicited offers, advertisements, proposals, or send junk mail or spam to NOIXION users, including, without limitation, unsolicited advertising, promotional materials, bulk mailing, chain mail, charity requests, and other similar activities;</li> <li>collect email addresses or other contact information from other NOIXION users;</li> <li>threaten, harass, defame or defraud other NOIXION users;</li> <li>remove or otherwise interfere with any NOIXION security features that prevent or restrict use or copying of any content, limit its use, or delete copyright or other proprietary rights notices on the NOIXION Services or User Content;</li> <li>decompile, reverse engineer or otherwise attempt to discover NOIXION source code;</li> <li>modify, translate or create derivative works based upon any NOIXION feature;</li> <li>interfere with or damage operation of the NOIXION Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;</li> <li>access any resource owned, used and/or licensed by NOIXION, by means of any robot, crawler or other automated methods;</li> <li>manipulate identifiers of any User Content transmitted through the NOIXION;</li> <li>interfere with NOIXION services or servers or networks connected to the NOIXION Services, or disobey any requirements, procedures, policies or regulations of networks connected to the NOIXION;</li> <li>use NOIXION in any manner that could disable or disable NOIXION services, or interfere with, or negatively affect other users from fully enjoying NOIXION services;</li> <li>use or attempt to use another user’s account without authorization. and</li> <li>use NOIXION for any illegal purpose, including, without limitation, intellectual property and other proprietary rights, data protection and privacy.</li> </ol> 2.4. Other restrictions You are expressly restricted from all of the following: <ul> <li>publishing, selling, sublicensing and/or otherwise commercializing any content;</li> <li>using NOIXION in any way that is, or may be, damaging NOIXION services;</li> <li>using NOIXION contrary to applicable laws and regulations;</li> <li>using data mining or any other similar activity to gather information from NOIXION;</li> <li>using NOIXION to engage in any advertising or marketing without previous consent.</li> </ul> 3. User accounts 3.1. Account information In order to open an account, you need to provide us with a username, a password, a valid e-mail address and your birth date. These requirements can be extended at any time in case of need. You are the solely responsible for maintaining your account data safe and confidential, and for restricting access to your device. Please choose a secure login information and keep it safe. NOIXION will not be responsible at any case if the information provided by you is not true, accurate or properly updated. You may not sell, or share in any way, any information related to your account. NOIXION reserves all available legal rights to prevent unauthorized use of the NOIXION Services, including, but not limited to, IP addresses suspect of an unauthorized use. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account, password, or any credit, debit or charge card), immediately notify NOIXION at legal@noixion.io. 3.2. Third Party Accounts At the moment, NOIXION will not allow to register for NOIXION Services using third-party services. In case it was allowed eventually, your account information will be also subject to the Privacy Policy of that third party. NOIXION declines any responsibility derived from this. 4. Privacy Policy Please check our Privacy Policy for detailed information about how we collect and use your data, and how to manage your online privacy. 5. Licenses 5.1. General Information The NOIXION Services are owned and operated by NOIXION. Except for contents uploaded by registered users, all any other content and information - including, without limitation, NOIXION’s trademarks and logos, text, multimedia material (pictures, visual interfaces, graphics, sound files, video, training courses), design, software, computer code (including source code or object code) (hereafter, “Materials”) - are protected by the corresponding intellectual property and proprietary rights and laws. By accepting these Terms of Service, you are granted a limited, non-sublicensable license to use NOIXION Services for your personal or internal business use only. NOIXION reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not allow you to any of the following: <ul> <li>any commercial use of NOIXION Services or Materials, except for User Content monetization (channel subscriptions, pay-per-view) or any other commercial use previously authorized by NOIXION;</li> <li>distribution or public display of any Materials, except for dissemination or promotion of NOIXION or any other purpose previously authorized by NOIXION;</li> <li>modification or any derivative uses of NOIXION Services or Materials;</li> <li>use of any data mining, robots or similar data gathering methods and tools;</li> <li>downloading (except page caching) of any portion of NOIXION Services or Materials, or any information contained in them, except if expressly permitted. or</li> <li>any use of NOIXION Services or Materials beyond authorized purposes.</li> </ul> Any unauthorized use of NOIXION Services or Materials without a written permission, is strictly prohibited and may violate intellectual property rights or other laws. NOIXION can terminate this license at any time, without notice, if we consider that your use of our Services and Materials violates these Terms of Service or applicable law, or if we are unable to continue providing NOIXION Services due to technical or business reasons. 5.2. Trademarks NOIXION brand name and logos, and any other used by NOIXION, including graphical items (page headers, custom graphics, buttons, icons…), are trademarks of NOIXION. They may not be used: They may not be used: <ul> <li>in connection with any product or service that is not NOIXION’s;</li> <li>in any manner that is likely to cause confusion among customers;</li> <li>in any manner that discredits NOIXION, without our prior written permission.</li> </ul> All other trademarks referenced in NOIXION are the property of their respective owners. Reference on NOIXION to any products, services, processes or other information, by trademark, supplier, or otherwise does not imply sponsorship or any other affiliation by us. 6. User Content NOIXION allows users to create, distribute and store any recorded and streaming live audio-visual works (hereafter, “User Content”) by means of NOIXION Services. 6.1. License Rights to NOIXION Unless previous written agreement between you and NOIXION, your use of NOIXION Services for creating, submitting, transmitting, distributing or storing any User Content, grants NOIXION: <ol> <li>to the furthest extent and for the maximum permitted duration, non-exclusive, unrestricted, worldwide, fully sub-licensable and royalty-free right to use, reproduce, modify, translate and distribute such User Content, for any purposes including the promotion of NOIXION Services in any format or media channels. and</li> <li>using the name, identity, voice or any other biographical information that you submit in connection with such User Content. Should such User Content contain any information of third parties, you warrant that you have obtained the appropriate consents and/or licenses for its use.</li> </ol> These granted rights terminate once you delete such User Content from the NOIXION Services, or generally by closing your account, except if it was shared by you with others or it was used by NOIXION for promotional purposes. A reasonable time to remove User Content from our systems will be taken into account. Any content you upload to the Site must be yours and not infringe any law or property right. We reserve the right to remove any content from the Site at any time. By sending us any ideas, suggestions and/or proposals, you acknowledge that NOIXION shall be entitled to use them for any purpose, without providing compensation or credit to you. 6.2. Rights and Warranties You are solely responsible for your User Content and any eventual consequences of publishing it. Any content you upload to the Site must be yours and not infringe any law or property right. We reserve the right to remove any content from the Site at any time. By creating, publishing, distributing or storing it using NOIXION Services, you warrant that: <ol> <li>you are the creator and owner of the User Content or have sufficient rights;</li> <li>your User Content does not and will not infringe or violate any third-party right (including any copyright, trademark, patent, or any other intellectual property or proprietary right) and defame any other person;</li> <li>your User Content does not contain any harmful or malicious code. and</li> <li>unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of NOIXION or third parties.</li> </ol> NOIXION reserves all rights against any users who breach these warranties, without notice. 6.3. Security and Protection NOIXION uses security measures in order to attempt to protect User Content against any unauthorized use of it. However, NOIXION does not guarantee that any unauthorized use of User Content by third parties will not take place. Contents are uploaded at user’s own risk. To the furthest extent permitted by applicable law, you hereby agree that NOIXION shall not be liable for any unauthorized use of User Content by third parties and release and forever waive any claims you may have against NOIXION for any such unauthorized copying or usage of the User Content. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY NOIXION HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES THAT SUCH SECURITY MEASURES WILL AVOID ALL ATTEMPTS OR THAT THERE WILL BE NO BREAKS OR DISABLEMENTS OF THEM NOIXION respects any applicable law related to the intellectual property and copyright. If you are a copyright owner and believe that any content on NOIXION may infringe your rights, please send a notice to us. 6.4. Third-party content In addition to User Content, NOIXION may provide other third-party content. Please be aware that we do not create, update, or monitor it. We are not responsible for any Third-Party Content. 7. Liability &amp. Disputes 7.1. General Liability NOIXION takes no responsibility and assumes no liability for: <ol> <li>any User Content or its loss or damage;</li> <li>any mistakes, defamation, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using NOIXION (your use of NOIXION is at your own risk);</li> <li>any statements or opinions included in User Content.</li> </ol> NOIXION reserves the right to remove or edit any User Content posted or stored on NOIXION at any time and without notice. You are solely responsible for creating backup copies of and replacing any of your content at your expense. Any use of the NOIXION that violates these Terms of Service may result in the termination or suspension of your rights to use NOIXION. 7.2. Disclaimers &amp. Warranties TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: <ol> <li>NOIXION SERVICES AND ANY CONTENT AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR NOT, EXCEPT IF STATED IN A WRITING BY NOIXION;</li> <li>NOIXION, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ANY WARRANTIES INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE NOIXION SERVICES, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN;</li> <li>NOIXION DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE NOIXION SERVICES ARE FULLY RELIABLE, ACCURATE OR ERROR-FREE;</li> <li>NOIXION IS NOT RESPONSIBLE FOR ANY ERRORS RELATING TO TEXT OR PICTURES. AND</li> <li>THOUGH WE ATTEMPT TO MAKE NOIXION AS SAFE AS POSSIBLE, WE CANNOT GUARANTEE OR WARRANT THAT ITS SERVERS AND SERVICES ARE FULLY FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. USE OF RENOWNED ANTI-VIRUS SOFTWARE IS RECOMMENDED.</li> </ol> NO ADVICE OR INFORMATION OBTAINED BY YOU FROM NOIXION, BY ANY MEANS, WILL CREATE ANY WARRANTY NOT EXPLICITLY STATED HEREIN. 7.3. Limitation of Liability and Damages TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: <ol> <li>IN NO CASE SHALL NOIXION OR ITS PARTIES BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, PROFITS OR DATA, IN ANY ACTION OF ANY KIND, IN ANY WAY CONNECTED WITH THE USE OF NOIXION, ITS CONTENT OR MATERIALS. THIS INCLUDES WITHOUT LIMITATION ANY DAMAGES RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM NOIXION. MISTAKES, DELETIONS, ERRORS, VIRUSES, TRANSMISSION DELAYS. ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NOIXION’s RECORDS, PROGRAMS OR SERVICES. AND</li> <li>IN NO CASE SHALL THE AGGREGATE LIABILITY OF NOIXION EXCEED THE AMOUNT CORRESPONDING TO YOUR PAYMENTS MADE BY YOU, IF ANY, FOR USING NOIXION SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE CLAIM DATE OR ONE HUNDRED DOLLARS (USD 100), WHICHEVER IS GREATER.</li> <li>ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO NOIXION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.</li> </ol> THESE LIMITATIONS OF LIABILITY ALSO APPLY WHEN NOIXION SERVICES ARE PROVIDED BY ANY ANY THIRD PARTIES OTHER THAN NOIXION. YOU ACKNOWLEDGE AND AGREE THAT NOIXION HAS SET ITS PRICES, WARRANTIES AND LIMITATIONS FOLLOWING A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND NOIXION. NOIXION WOULD NOT BE ABLE TO PROVIDE THE NOIXION SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. 7.4. Indemnification You hereby indemnify to the fullest extent NOIXION and any third-party companies connected with NOIXION and employees, from and against any and all claims, losses, liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) caused by or in any way related to your breach of any of the provisions of these Terms, and/or your use or misuse of NOIXION, and/or any User Content you create, upload or store through NOIXION, and/or your violation of any third-party rights, and/or any violation by you of these Terms of Service, and/or any breach of laws and warranties. NOIXION reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify NOIXION, and you agree to cooperate with NOIXION’s defence of these claims. NOIXION will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The foregoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or User Content. 7.5. Governing Law &amp. Jurisdiction PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH NOIXION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM NOIXION. These ToS will be governed by and construed in accordance with the laws of Spain. You shall submit to the non-exclusive jurisdiction of the Spanish courts for the resolution of any disputes. You and NOIXION agree to arbitrate any dispute arising from these Terms of Service or your use of NOIXION. Arbitration prevents you from suing in court or from having a jury trial. You and NOIXION agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to NOIXION shall be sent to: DCSC – PROINT PROJECTEN SL, Ref: Noixion Legal, 39 María de Molina St., 8th Floor, Madrid 28006 (Spain). If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then any disputes, claims or causes of action arising out of or in connection with these ToS will be governed by and construed under the laws, and resolved by competent civil courts, of the jurisdiction of your residence. 8. Termination NOIXION reserves the right, without notice, to terminate your license to use NOIXION, and/or to remove your account, and/or to block or prevent your future access to NOIXION, and/or suspend your access to any purchased products or services, if we reasonably consider that: <ol> <li>your use of the NOIXION violates these Terms of Service or any applicable law;</li> <li>you fraudulently use or misuse the NOIXION Services. or</li> <li>we are unable to continue providing the NOIXION Services due to technical or legitimate business reasons.</li> </ol> To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with any term of these Terms of Service, and/or to any policy of NOIXION, and/or to any content, is to terminate your account and to discontinue use of NOIXION. 9. Miscellaneous 9.1. Waiver If we fail to exercise or enforce any right or provision of these ToS, it will not constitute a waiver of such right or provision. Any waiver of any provision of these ToS will be effective only if in writing and signed by the relevant party. 9.2. Severability If any provision of these ToS is found to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these ToS to the minimum extent necessary, not affecting the validity of the remaining provisions herein. 9.3. Assignment These ToS, and any rights and licenses granted hereunder, may not be assigned, transferred or subcontracted by you. Only NOIXION shall be permitted to do so, without restriction and without any previous notification. Any assignment attempted to be made in violation of these ToS shall be void. 9.4. Storage outside Noixion Noixion offers users the possibility of using their own storage servers, totally unrelated to Noixion. In this case, Noixion will not assume any responsibility in any matter, incidence or problem related to the storage system used by these users. Users with their own storage system are solely responsible for enforcing these ToS, and all rights and warranties set forth herein. If they do not do so, they alone will assume any liability arising from the use of their own servers. 9.5. Promotions Users may conduct any kind of promotions (contests, sweepstakes) through NOIXION Services, if and only if following rules are met: <ol> <li>you may conduct any promotions to the extent permitted by applicable law. You are solely responsible for ensuring that a promotion complies with all applicable laws;</li> <li>you will be solely responsible for all aspects and expenses related to your promotion;</li> <li>NOIXION has the right to remove your promotion if it does not comply with the Terms of Service or applicable law;</li> <li>you may not indicate that NOIXION is a sponsor or supporter of the promotion. and</li> </ol> 10. Modification of these ToS NOIXION is permitted to revise and amend any of the terms included in these ToS, at any time. You are expected to review such ToS on a regular basis. Your continued use of NOIXION after the effective date of the revised Terms of Service constitutes your acceptance of the terms.