1. Ownership of Site and Restrictions on Use of Content
The BRAINSCALE.COM website (“BRAINSCALE.COM” or “Website”) is owned by BrainScale (“BrainScale”). You acknowledge that the Website may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material, content and services (collectively “Content”), which is generally provided by BrainScale or by licensors of BrainScale. Notwithstanding the fact that BrainScale permits access to the Content, you acknowledge and agree that the Content, its use and/or the use of this website is protected by patents, copyrights, trademarks, and other proprietary and intellectual property rights, that these rights are valid and protected in all media now existing or later developed, and that your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws. Modification or use of the BRAINSCALE.COM website and/or the Content or any portion thereof for any commercial purpose is a violation of patent, copyright, trademark and other proprietary and intellectual property rights owned by BrainScale and third parties. Without limiting any of the foregoing, you understand and agree that if you copy any Content or portion thereof for any purpose not expressly permitted in this Agreement, whether or not such copying or use is for your commercial gain, you are violating the rights of BrainScale and/or its licensors, and may be subject to criminal and/or civil prosecution.
In addition to BrainScale’s and its licensors’ rights in individual elements of the Contents, BrainScale owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Website may permit you to download and/or print certain Content and you may do so, and you may make a limited, reasonable number of copies of such downloaded and/or printed Content solely for your internal business purposes and no other purpose whatsoever, provided that all such copies are a complete and accurate copy of the downloaded and/or printed Content and further provided that all such copies include any proprietary notices of BrainScale’s; all such copies (whether printed or electronic) are considered Content hereunder, and subject to the terms of this Agreement. Except for the limited right to download, print and/or copy as described in the preceding sentence, and notwithstanding anything else herein to the contrary, you understand that you may not otherwise copy, modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website or printed materials, or in any other way exploit BRAINSCALE.COM and/or any of the Content (in whole or in party) and/or to incorporate it in other works in any form, media, or technology now known or later developed (collectively, “Use”), even if you attribute such Content or Use to BrainScale or its licensors.
2. Submitted Data
You agree that you shall not upload to the Website any data, files, content or other information (“Submitted Data”), or otherwise transmit on or through this website, any Submitted Data that are subject to any rights of any third parties, or in which any holder of such rights has not given express authorization for distribution by you. By providing Submitted Data to BrainScale, you automatically grant, or warrant that the owner of such Submitted Data has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to Use the Submitted Data.
3. Display of Products and Services
We use commercially reasonable efforts to ensure that the colors, design and details of the products and services displayed on BRAINSCALE.COM are accurate. However, we cannot and do not guarantee that the colors, design, and/or detail, as displayed by your monitor, will be accurate and we assume no responsibility whatsoever for such difference in color, design and details.
BrainScale reserves the right at any time and without notice to change the products and or services that are described on the Website.
4. Prohibited Conduct and Use
You agree to use BRAINSCALE.COM only for lawful purposes. You are expressly prohibited from transmitting through BRAINSCALE.COM any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law (collectively, “Prohibited Conduct”). You agree and acknowledge that BrainScale is not responsible or liable to you or any other party for any Prohibited Conduct by any user of BRAINSCALE.COM at any time.
Notwithstanding anything in this Agreement to the contrary, BrainScale is in no way obligated to monitor any user’s use of or to monitor, retain, review and/or edit Submitted Data or any information provided by any user and transmitted through BRAINSCALE.COM. However, BrainScale does reserve the right, at any time, to monitor, review, retain, edit and/or disclose any information (including ay Submitted Data) as BrainScale determines necessary, in its sole discretion, to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) protect and defend BrainScale’s rights and property; (iii) enforce this Agreement; (iv) protect against misuse or unauthorized use of BRAINSCALE.COM; and (v) protect the interests of BrainScale’s users or the public.
You are expressly prohibited from using a false e-mail address or other identifying information and from using BRAINSCALE.COM in any way to send emails or other messages to people or other entities.
5. Linked Sites
6. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL BrainScale BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY PRODUCTS, GOODS OR SERVICES PURCHASED OR OTHERWISE TRANSMITTED FROM OR THROUGH THIS WEBSITE, THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND/OR OTHER MATERIALS IN THIS WEBSITE, EVEN IF BrainScale OR A BrainScale AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BrainScale’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE EXCEED $100. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This Section 6 applies only to damages, losses and causes of action that arise through your use of, or inability to use, this Website, any Content or other materials on this Website and/or any products or services purchased through this Website, if applicable. Without limiting the foregoing, in the event you and BrainScale enter into a written agreement for products or services, the provisions of such written agreement (and not this Agreement, including this Section 6) shall govern your acquisition and use of such products or services.
THE CONTENT AND ANY OTHER MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BrainScale DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BrainScale DOES NOT WARRANT THAT THIS WEBSITE OR YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THIS WEBSITE OR AY CONTENT OR OTHER MATERIALS CONTAINED IN THIS WEBSITE, WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BrainScale DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT AND/OR OTHER MATERIALS IN THIS WEBSITE REGARDING THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BrainScale) ASSUME ALL RISK FOR YOUR USE OF THIS WEBSITE, INCLUDING ANY CONTENT AND/OR OTHER MATERIALS CONTAINED IN THIS WEBSITE.
8. Your Feedback
If you contact BrainScale with information including, without limitation, feedback data (e.g., questions, comments, suggestions or the like) regarding this Website, the Content or any item on this Website (collectively, “Information”), the Information shall be deemed to be non-confidential and BrainScale shall have no obligation of any kind with respect to the Information. In addition, you agree and acknowledge that BrainScale shall be free to Use and distribute the Information to others without limitation, and to authorize others to do the same. Further, BrainScale shall be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and other items incorporating the Information. BrainScale shall not be liable or owe any compensation for the Use or disclosure of the Information.
9. Usage by Children
BrainScale does not solicit the use of BRAINSCALE.COM by minors. The Site does not knowingly solicit or collect personally identifiable information online from children under the age of 13 without prior verifiable parental consent. If BrainScale learns that a child under the age of 13 has submitted personally identifiable information online without parental consent, it will take all reasonable measures to delete such information from its databases and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required or allowed by law). If you become aware of any personally identifiable information we have collected from children under 13, please email us at email@example.com.
Minors under 18 years of age may have the personal information that they provide to us deleted by sending an email to firstname.lastname@example.org requesting deletion. Please note that, while we make reasonable efforts to comply with such requests, deletion of your personal information does not ensure complete and comprehensive removal of that data from all systems.
10. Jurisdictional Issues
Unless otherwise specified, the Content and/or other materials on the Website are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions and protectorates. BrainScale makes no representation that Content and/or other materials on this Website, or the products and services promoted on this Website, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Website is further subject to United States export controls. No software from this Website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement is governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. Venue and personal jurisdiction shall lie solely in the state and federal courts located in this State of Illinois. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified, except as provided in Section 12.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all Content and/or other materials obtained from this Website, all copies thereof. This Agreement may terminate immediately without notice from BrainScale if in BrainScale’s sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all Content and/or other materials obtained from this Website, and all copies thereof. Termination will not affect any rights, obligations or liabilities that arose prior to such termination.
12. Changes and Modifications
BrainScale may change, add or delete Content, products, materials, services, programs and the like that are described in this Website at any time without notice. BrainScale reserves the right to update, modify, revise or otherwise change this Agreement at any time with or without prior notice. Your use of BRAINSCALE.COM at any time after such update, modification, revision or change constitutes your acceptance of such update, modification, revision or change. You are encouraged to review this Agreement periodically.
Personal Information that we process
For the purposes of this privacy statement, ‘Personal Information’ is any data which relates to an individual who may be identified from that data, or from a combination of a set of data, and other information which is in possession of BrainScale.
We collect the following categories of Personal Information:
Information that you provide via our website, including information you provide when you register on our website e.g. name, email address, designation, company, country, name of your university, your field of academic study/concentration, expected year and month of your graduation, and telephone number;
Information about your computer and about your visits to and use of this Site, such as your Internet Protocol (IP) address, demographics, your computers’ operating system, and browser type and information collected via cookies
When do we collect personal data about you?
Why do we collect and use personal data?
We use your Personal Information for the following purposes:
What type of personal data is collected?
We collect name, phone number, title, and email address, in addition to your company’s name and contact information. We may also collect feedback, comments and questions received from you in service-related communication and activities, such as meetings, phone calls, documents, and emails. From our websites we may collect IP-address and actions taken on the site. If you upload photos or videos, add posts or comments, etc. on community websites (LinkedIn, Facebook, Twitter, etc.), the information can be read by anyone with access to those sites and used for purposes over which BrainScale or you have no control. Therefore, BrainScale is not responsible for any information you submit to the community websites.
If you apply for a job at BrainScale, we collect the data you provide during the application process. BrainScale does not collect or process any special categories of personal data, such as public unique identifiers or sensitive personal data.
We do not sell, rent, or trade your Contact Information to any third parties or share it with third parties (other than as described above) for promotional purposes, but we reserve the right to do so in future. We will seek your consent at that time if required.
We will disclose your personal information if required by law or if we, as a company, reasonably believe that disclosure is necessary to protect our company’s rights and/or to comply with a judicial proceeding, court order or legal process. However, we will do what we can to ensure that your privacy rights continue to be protected.
The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. Although we strive to make security a priority, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security, contact us under the “Contact Us” section.
How long do we keep your personal data?
We store personal data for as long as we find it necessary to fulfill the purpose for which the personal data was collected, while also considering our need to answer your queries or resolve possible problems, to comply with legal requirements under applicable laws, to attend to any legal claims/complaints, and for safeguarding purposes. This means that we may retain your personal data for a reasonable period of time after your last interaction with us. When the personal data that we have collected is no longer required, we will delete it in a secure manner. We may process data for statistical purposes, but in such cases, data will be anonymized.
You have the following rights with respect to your personal data:
Subject to the laws of your country, You have the right to access, correct, delete or transfer your Personal Information that we hold, including your profile and preferences. You also have the right to object to certain processing and, where we have asked for your consent to process your Personal Information, to withdraw this consent. Where we process your Personal Information because we have a legitimate interest in doing so (as explained above), you also have a right to object to this. These rights may be limited in some situations – for example, where we can demonstrate that we have a legal requirement to process your Personal Information. Additionally you have the following rights with respect to your personal data:
14. Contact Us
Any query about your Privacy Rights should be sent to
info@BRAINSCALE.COM or to:
2 Research Way,
Princeton, NJ 08540