WELCOME TO THE NOISY BRAIN!
These Terms of Service govern use of The Noisy Brain platform (www.thenoisybrain.com, The Noisy Brain App, The Noisy Brain Social Media Accounts) (the “Platform”) and cover the following areas:
Your use constitutes acceptance of these Terms of Service as at the date of your first use of the Platform. If these Terms of Service are not accepted in full, the use of this platform must be terminated immediately. You should print a copy of these terms and conditions for future reference.
1. YOUR RELATIONSHIP WITH THE NOISY BRAIN
1.1 Use of the Platform is provided by The Noisy Brain Limited, (“TNB”).
1.2 The Noisy Brain is the trading name of The Noisy Brain Limited, a social enterprise, registered in England and Wales under company number 12509749 and with our registered office at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ.
1.3 Your use of the Platform and any services provided to you on or from or the Platform (collectively the "Service") is subject to the terms of a legal agreement between you and TNB.
1.5 The Terms form a legally binding agreement between you and TNB in relation to your use of the Service. It is important that you take the time to read them carefully.
1.6 The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.
2. THE NOISY BRAIN ACCOUNTS
2.1 In order to access some features of the Platform or other elements of the Service, you will have to create a Noisy Brain account. When creating your Noisy Brain account, you must provide accurate and complete information. It is important that you must keep your account password secure and confidential.
2.2 When you register with The Noisy Brain you will be required to choose a password to protect your The Noisy Brain account. You are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your password, we recommend that you change your password immediately and contact us at firstname.lastname@example.org.
2.3 You agree that you will be solely responsible (to The Noisy Brain, and to others) for all activity that occurs under your Noisy Brain account.
2.4 After registering your account and/or subscribing to one of our plans, you will receive an e-mail from us acknowledging that we have received your registration/or subscription.
2.5 By subscribing to The Noisy Brain you are agreeing to pay recurring periodic subscriptions for an indefinite time until cancelled by you or us, on the subscription terms set out in the application form you have completed. You can cancel your subscription at any time. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
2.6 Auto-renewal: Following your initial monthly subscription period, your subscription will be automatically renewed. You may opt out of automatic renewal at any time.
2.7 Account Cancellations. You can cancel your subscription at any time.
2.7 We reserve the right at our absolute discretion not to renew your subscription at any time. If we terminate your account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving any reasons for our decision.
3. GENERAL RESTRICTIONS OF USE
3.1 TNB hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
3.2 You agree that you will comply with all of the other provisions of the Terms at all times during your use of the Service.
3.3 TNB grants the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. TNB reserves the right to revoke these exceptions either generally or in specific cases.
3.4 TNB is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which TNB provides through the Platform may change from time to time without prior notice to you.
3.5 As part of this continuing innovation, you acknowledge and agree that TNB may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at TNB’s sole discretion, without prior notice to you. You may stop using the Service at any time.
3.6 You agree that you are solely responsible for (and that TNB has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which TNB may suffer) of any such breach.
4. USER CONTENT
4.1 In connection with the Services, TNB may from time to time grant users permission to upload content to the Platform subject to the following conditions: you must not upload offensive, obscene or racist content, including photographs, on to the Platform or its associated services. it is your responsibility to ensure that the content you are uploading is not copyright-protected. If it is, you must obtain the copyright owner's written consent to use it.
4.2 TNB reserves the right to remove or edit any content posted on the Platform or its associated services at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party in contravention of the above rules.
4.3 If you suspect a breach of the terms on the Platform, please email us at email@example.com.
5. LINKS FROM THE WEBSITE
5.1 The Service may include hyperlinks to other web sites that are not owned or controlled by TNB. TNB has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
5.2 You acknowledge and agree that TNB is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
5.3 You acknowledge and agree that TNB is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
6. THIRD PARTY CONTENT FEATURED ON THE PLATFORM
6.1 The Platform contains articles, photographs, text, graphics, pictures, designs, music, sound, video and other content belonging to or originating from third parties (the "Third Party Content"). Whilst TNB does check Third Party Content for accuracy, appropriateness and completeness when initially posted, we assume no responsibility for any Third Party Content posted on the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability of or contained in the Third Party Content. Such Third Party Content will be clearly labelled as such on The Platform.
6.2 You acknowledge that TNB is not liable for any loss or damage which may be incurred by you as a result of the Third Party Content, or as a result of any reliance placed by you on the completeness or accuracy of such content.
7. INTELLECTUAL PROPERTY
7.1 The name The Noisy Brain, the logo and any other product that we may present on the Platform or its associated services from time to time may not be used in connection with any product or service that is not The Noisy Brain's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit The Noisy Brain .
7.2 Other trademarks, service marks or logos that appear on the Platform or its associated services, in particular (but not exclusively) those of partner charities, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both The Noisy Brain and the trademark owner.
8. COPYRIGHT POLICY
8.1 All content on the Platform and its associated services is owned by The Noisy Brain , our partner charities, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws.
8.2 You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark or other proprietary notice.
8.3 Commercial use or publication of all or any item displayed is strictly prohibited without prior authorisation from The Noisy Brain and, where applicable, the copyright holder. If you require further information about the use of content please contact us at firstname.lastname@example.org.
9. EXCLUSION OF WARRANTIES
9.1 Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
9.2 The Service is provided "as is" and without any representation or endorsement made and without warranty of any kind whether express or implied.
9.3 In particular TNB does not represent or warrant to you that: your use of the Service will meet your requirements, your use of the Service will be uninterrupted, timely, secure or free from error, any information obtained by you as a result of your use of the Service will be accurate or reliable that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the materials, and that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
9.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
10. LIMITATION OF LIABILITY
10.1 Nothing in this agreement excludes or limits our liability for:
10.1.1 Death or personal injury caused by our negligence;
10.1.2 Fraud or fraudulent misrepresentation;
10.1.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
10.1.4 Defective products under the Consumer Protection Act 1987; or
10.1.5 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10.2 Subject to the overall provision in paragraph 8.1 above TNB shall not be liable to you for: any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you; any loss or damage which may be incurred by you as a result of: any reliance placed by you on the completeness, accuracy or existence of any materials contained on the Platform; any changes which TNB may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service); your failure to provide TNB with accurate account information; your failure to keep your password or The Noisy Brain account details secure and confidential.
10.3 The limitations on TNB's liability to you in paragraph 8.2 above shall apply whether or not TNB has been advised of or should have been aware of the possibility of any such losses arising.
10.4 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
10.5 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
10.5.1 Strikes, lock-outs or other industrial action;
10.5.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
10.5.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural
10.5.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means
of public or private transport;
10.5.5 Impossibility of the use of public or private telecommunications networks; and
10.5.6 The acts, decrees, legislation, regulations or restrictions of any government.
10.6 Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
11. ENDING YOUR RELATIONSHIP WITH THE NOISY BRAIN
11.1 The Terms will continue to apply until terminated by either you or TNB as set out below: you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or TNB is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or If you want to terminate your legal agreement with TNB, you may do so by (a) notifying TNB at any time and (b) closing your The Noisy Brain account. Your notice should be sent, in writing, to email@example.com or logging on to your account and going through the process via the “CANCEL MY ACCOUNT” button.
12.2 TNB may terminate its legal agreement with you if TNB is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service.
12.3 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and TNB have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
12. GENERAL TERMS
12.1 The Terms constitute the whole legal agreement between you and TNB and govern your use of the Service and completely replace any prior agreements between you and TNB in relation to the Service.
12.2 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12.3 A person who is not a party to these Terms of Service has no right to enforce any term of these Terms of Service.
12.4 Contracts for subscribing to our Services and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
13. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
13.1 We may revise or amend this policy at any time at our sole discretion, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. The modified version of the Terms (the "Modified Terms") will be posted on this page. Therefore you must look at the Terms regularly to check for such changes.
13.2 If we make any substantive changes in the way we collect or use personally identifying information provided by users, we will post a prominent announcement on our web site home page. We will never change our policies and practices to make them less protective of user information collected prior to the effective date of any changes without the consent of affected users. We encourage users to visit this page periodically to review our current policy.
13.3 If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
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