Terms
The following terms and conditions govern all use of the cerebral.voyage website (the "Website") and all content, services and products available at or through the Website
Access is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Cerebral Voyage's privacy policy and Data Processing Agreement under the European General Data Protection Regulation) and procedures that may be published from time to time on the Website by Cerebral Voyage and which are incorporated herein by reference (collectively, the "Agreement").
By accessing the Website or any part thereof, you (the Visitor) agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website. If these terms and conditions are considered an offer by Cerebral Voyage, acceptance is expressly limited to these terms.
"Content" includes but is not limited to text, graphics, documents, photographs, images, music, audio files, video files, information, data records, computer software, and any other form of digital or electronic files or data.
If you comment on Content, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of our Services, you are creating or making available Content ("Your Content").
Responsibility of Website Visitors
Cerebral Voyage makes no representations, warranties or guarantees, whether express or implied, that Content is accurate, complete or up to date, that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Website may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Cerebral Voyage disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading, copying or use by those visitors of Content there posted. The views expressed by other users on this Website or through our Services do not represent our views or values.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through third party websites and webpages to which this Website links, or that link to this Website. Cerebral Voyage does not have any control over third party websites and webpages, and is not responsible for their contents or use. By linking to a third party website or webpage, Cerebral Voyage does not represent, warrant, guarantee, or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Cerebral Voyage disclaims any responsibility for any harm resulting from your access or use of third party websites and webpages.
Copyright Infringement and DMCA Policy
As Cerebral Voyage asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by this Website violates your copyright, you are encouraged to notify Cerebral Voyage via our contact page. Cerebral Voyage will respond to all valid notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
Intellectual Property
All intellectual property rights in the Services, including trademarks, service marks, graphics and logos used in connection with the Website and the Services, belong to Cerebral Voyage or Cerebral Voyage's licensors.
Cerebral Voyage retains all right, title and interest in and to all of its intellectual property rights, including but not limited to all intellectual property rights in connection with "Cerebral Voyage", "Cerebral Voyage.info", and the Cerebral Voyage logo device. Other trademarks, service marks, graphics and logos used in connection with the Website or Services may be the trademarks of other third parties.
Nothing in this Agreement transfers to you any right, interest, or ownership in any intellectual property, or extends to you any license of any intellectual property, including any right or license to reproduce or otherwise use any trademark.
Cerebral Voyage and any third party proprietors of intellectual property rights used in connection with the Website shall each retain ownership of their respective intellectual property rights.
Changes
Cerebral Voyage reserves the right, at its sole and unfettered discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Cerebral Voyage may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
Cerebral Voyage may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website and our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions including ownership of intellectual property rights, warranty disclaimers, indemnities and limitations of liability.
Disclaimers
Access to the Website and Services are provided "as is". Cerebral Voyage and its suppliers and licensors hereby disclaim all representations and warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Cerebral Voyage nor its suppliers and licensors, makes any warranty that the information or Services will be accurate, error free, or that access thereto will be continuous or uninterrupted. You understand that you use, download from, or otherwise obtain benefits through, the Website and the Services at your own discretion and risk.
Limitation of Liability
In no event will Cerebral Voyage, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. Cerebral Voyage shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Without prejudice to the above and to the extent permitted by law, in the event that Cerebral Voyage is found to be liable to you in any way, such liability will be limited to the amount of fees paid by you to Cerebral Voyage under this agreement during the twelve (12) month period prior to the cause of action.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement, including the Cerebral Voyage Privacy Policy, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of data exported from your country of residence) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You hereby agree to indemnify Cerebral Voyage and its contractors, licensors, and their respective directors, officers, employees and agents, against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Cerebral Voyage arising out of or in connection with any breach of the warranties contained in this Agreement, your breach or negligent performance or non-performance of this Agreement, the enforcement of this Agreement, and any claim made against Cerebral Voyage (including but not limited to actual or alleged infringement of a third party's intellectual property rights) arising out of or in connection with Your Content.