TERMS OF USE

Terms of Use for the Brain Architecture Game and Website

TERMS OF USE

These Terms of Use (“Terms”) apply to your access to and use of this website, www.thebrainarchitecturegame.com (“Website”), and any services or documentation linked or downloadable through this website, including, but not limited to, the Brain Architecture Game, or any template or instruction for the Brain Architecture Game (collectively, the “Services”). The Services are provided by the University of Southern California, on behalf of its Creative Media & Behavioral Health Center (“USC”), and your use of any of the Services is subject to these Terms. These Terms do not alter, in any way, the terms and conditions of any other agreement you may have with USC, or any of its schools or affiliates, for products, services or otherwise.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR SERVICES.

Eligibility

The Services may not be used by anyone under the age of 18 without the supervision of a parent or legal guardian who agrees to be bound by these Terms. You represent and warrant that you are at least 18 years of age (or the age of legal majority under applicable law), or, if not, that you have reviewed these Terms with your parent or legal guardian and that he or she has agreed to be bound by these Terms.

Third Party Content

USC has not reviewed all of the sites linked to the Website and is not responsible for any contents of any off-site pages or any other sites linked to this Website (including, but without limitation, any of its affiliate’s websites). Any links to third party websites are provided for your convenience only, and the fact that this Website contains links to such other sites does not mean that USC approves of, endorses, or recommends those sites, nor does it imply any association with their operators. USC does not control such websites and is not responsible for their content, and disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site and disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from any third party websites or content therein directly or indirectly accessed through links in this Website.

You acknowledge and agree that USC and its affiliates are not responsible or liable in any manner for any third party content and neither USC nor its affiliates undertakes any responsibility to update or review any third party content. Your linking to or use of any off-site pages or sites or any third party content is at your own risk.

User Content

The Services may permit you or other users to create, post, send or store messages, photos, text and other materials (“User Content”). USC claims no ownership or control, takes no responsibility for, and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.

You acknowledge and agree that any User Content you transmit to the Website, including, but not limited to, communication or material transmitted by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is, and will be treated as, non-confidential and non-proprietary. You understand that certain User Content may be displayed either to select users or publicly, and agree that anything you transmit or post may be used by USC or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting.

Furthermore, USC and its affiliates are free to use for any purpose whatsoever any ideas, concepts, know-how, or techniques contained in any communication you send to the Website; such use by USC to include but not be limited to developing, manufacturing, and marketing products using such information, and that you grant USC and its affiliates a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, and sublicenseable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in whole or in part and to incorporate such User Content in other works, in any form, media or technology now known or later developed.

Ownership

The Services, including, without limitation, the Brain Architecture Game (which is, together with any intellectual property ownership rights or interests, owned by an institutional partnership between the Creative Media and Behavioral Health Center at USC, the Center on the Developing Child at Harvard University, the Clinical and Translational Science Institute at the University of Pittsburgh, and the FrameWorks Institute), USC’s and/or its affiliates’ and partners’ logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof, made available through the Services or the Website (collectively, the “Materials”), are the proprietary property of USC, its affiliates, its partners, or their licensors, and are protected by U.S. patent, copyright, trademark, and other intellectual property laws.

Limited License and Use of Services

USC grants you a limited, non-sublicensable license to access and use the Services for your non-commercial use only. Such license is subject to these Terms and does not grant you or any user accessing the Services and/or the Materials through your access any right to: (i) modify or otherwise make any derivative works and/or uses of the Services or the Materials, or any portion thereof; (iv) download (other than the page caching) any portion of the Services, the Materials or any information contained therein, except as expressly permitted in this Agreement; or (v) any use of the Services or the Materials other than as specified in this Agreement.

Any use of the Services or the Materials other than as specifically authorized herein, without the prior written permission of USC, is strictly prohibited and will terminate the license granted herein immediately without notice from USC. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. USC may revoke this license at any time at its sole and absolute discretion, with or without prior notice.

You agree that your use of the Services, including the posting of User Content, will not violate any law, contract, intellectual property or other third-party right or constitute a criminal action or tort, and that you are solely responsible for your conduct while using the Services. You further agree not to:

1. Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
2. Engage in any discriminatory, defamatory, libelous, hateful, harassing, abusive, obscene, threatening, physically dangerous, unlawful, or otherwise objectionable conduct on the Website;
3. Attempt to indicate in any manner that you have a relationship with USC or that USC have endorsed you or any products or services for any purpose;
4. Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users from the Services for the purpose of sending spam or other commercial messages;
5. Attempt to reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
6. Use or attempt to use another’s account without authorization from such user and USC or post, upload to, transmit, distribute, store, create or otherwise publish or send through the Services User Content that contains personal information about any person, including, without limitation, names, addresses, email address or credit card information;
7. Post, upload to, transmit, distribute, store, create or otherwise publish or send through the Services viruses, corrupted data or other harmful, disruptive or destructive files;
8. Develop any third-party applications that interact with User Content or the Services without USC’s prior written consent; or
9. Use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by USC to access the Services, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via the Services.

Modifying/Terminating Services

USC reserves the right to modify, update or discontinue any of the Services, or any features or portions thereof, or any of these Terms, without prior notice. You agree that USC can suspend or terminate your right to access any of the Services at any time for any reason without notice, obligation or liability to you. Your continued use of the Services following any modification or update to the Services or to any of these Terms will confirm that you have agreed to the amended Services or Terms. If you do not agree to the amended Services or Terms, you must stop using the Services.

Upon any termination of these Terms by either you or USC, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under these Terms or otherwise.

Disclaimer of Warranties and Limitation of Liability

USE OF THE SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY USC OR ITS REPRESENTATIVES CREATES A WARRANTY. THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND. USC DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIETHER YOU, NOR USC AND ITS AFFILIATES, LICENSEES, LICENSORS. PARTNERS, AND CONTRACTORS, AND EACH OF THEIR OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "USC PARTIES"), WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST GOODWILL, LOST PROFITS, LOST BUSINESS OR OTHER INDIRECT ECONOMIC DAMAGES, WHETHER SUCH CLAIM IS BASED ON CONTRACT, NEGLIGENCE, TORT (INCLUDING STRICT LIABILITY) OR OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, EVEN IF THE PARTY THAT OTHERWISE WOULD OR COULD BE LIABLE HAS BEEN ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

THE USC PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO THE AMOUNT (IF ANY) YOU ACTUALLY PAID FOR THE SERVICES THAT ARE THE SUBJECT OF SUCH CLAIM.

IF A LAW RESTRICTS OUR ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS LISTED ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, USC LIMITS THE USC PARTIES’ LIABILITY AND DISCLAIM WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW.

Express Assumption of Risk; Waiver and Release

You understand and agree that your use of the Services is at your own risk, and that you assume any and all risk of injury, illness, damage or loss that might result in your use of the Services, or any portion thereof, even if the risks arise out of the negligence of the USC Parties, and you hereby release and forever discharge and hold harmless the USC Parties, and any of their officers, employees, or agents, from any and all liability, claims, or demands of whatever kind of nature, either in law or in equity, which arise or may hereafter arise from your possession or use of the Services, or any portion thereof, including, but not limited to, and any claims for bodily injury, personal injury, illness, death or property damage that may result from your use and possession of any of the Services.

Indemnity

If the USC Parties are subject to any actual or threatened claims, costs, damages, losses, or other liabilities (collectively, "Covered Losses") as a result of your use of any of the Services, or any data, information, or other item you make available through the Services including User Content, then you agree to indemnify the USC Parties from all such Covered Losses and any related costs, such as reasonable attorney’s fees.

You further agree to indemnify the USC Parties for any Covered Losses arising out of or related to: (a) any submissions you provide to or through the Website; (b) your violation of these Terms; and (c) your violation of any rights of another to use this website or by your use of this website. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

Severability

If any part of these Terms is determined to be unlawful, void or for any reason unenforceable, then that part will be severed from these Terms, and the rest of the Terms will remain in full force and effect.

No failure on the part of either party to these Terms to exercise any power reserved to it by them or to insist on strict compliance by the other party with any obligation or condition under these Terms will be considered to be a waiver of the right to exercise the power to insist on compliance with the obligation or condition in the future. Any waiver of these Terms must be obtained in a written document signed by an authorized representative of USC.

Risk of Loss

Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Website passes to the purchaser upon delivery to the carrier.

Jurisdiction and Venue

These Terms are governed by and construed in accordance with the laws of the United States of America and of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or the Services must be filed, and that venue properly lies, only in a court of competent jurisdiction in the United States of America within the County of Los Angeles, State of California, and you hereby irrevocably consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.