Terms of Use
Terms of Use, User / Subscriber Agreement, and Privacy Policy
Definition
Company/nCefalon: nCefalon Corporation
Site/Services: nCefalon.com/.net/.org/.us/.info/.ai, but not limited to any other services which provided by the Company
User(s)/You: subscriber(s), affiliate(s), visitor(s), customer(s)
We/Us: Company, nCefalon
Content/Posts/Data: including, without limitation images, videos, audios, texts, documents, files, software scripts or programs but not limited to any other data formats, that we store and host, which provide by us or you or any other users.
Feedback: including, without limitation, suggestions, proposals, complaints, ideas, results, modifications, improvements, translations, discoveries, observations
Children's Online Privacy Protection Act of 1998
In compliance with the Children's Online Privacy Protection Act of 1998, nCefalon does not accept membership registrations from users who are under 13 years of age. By registering with nCefalon, you represent that you are at least 13 years old.
Acceptance of Terms and Conditions
BY USING OUR SERVICE OR VIEWING OUR WEBSITE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS IN THIS AGREEMENT AND ANY FUTURE MODIFICATIONS. IF YOU CHOOSE NOT TO AGREE TO ANY OF THE TERMS IN THIS AGREEMENT, PLEASE DO NOT USE THIS SITE AND NCEFALON SERVICES.
User Responsibilities, Rules and Restrictions
Users' Rules
You must be at least 13 years old to use the Services;
What you told us when you registered as a User was true;
You've given us a valid email address;
You're not breaking any laws when you use the nCefalon Services;
You're not breaking the policies of these Terms, the Copyright and IP Policy or the Privacy Policy;
Please note that it is our policy to terminate the accounts of Users who repeatedly infringe the rights of others in the community or commit illegal acts or violate these Terms. If you do any of these things, we may deny, restrict or suspend your access to all or any part of the Site or nCefalon Services or terminate your user account at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability - and even take legal action if needed;
Restrictions
Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
Advertise or offer to sell any goods or services for any commercial purpose unless you are our sites affiliates or have our written consent to do so;
Transmit surveys, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
Restrict or inhibit any other user from using and enjoying any public area within our sites;
Collect or store personal information about other users;
Interfere with or disrupt our sites, servers, or networks;
Impersonate any person or entity, including, but not limited to, a Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
Engage in any illegal activities.
Lawful Use of Service
Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising,) ,and you agree to use the Service only for lawful purposes. This means that you agree not to use our Services for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially or ethnically disparaging remarks or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law.
You further agree: (1) to comply with all laws regarding the transmission of technical data exported from any country through the Services; (2) not to use the Services for any illegal purpose; (3) not to interfere with or disrupt networks connected to the Services; (4) to comply with all regulations, policies and procedures of networks connected to the Services; (5) not to use the Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (6) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not use or reference the Services for chain letters, junk mail, spamming or any activity making use of distribution lists to any person who has not given specific permission to be included in such a process or on such list. You further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another User's use and enjoyment of the Services or another entity's use and enjoyment of similar services.
nCefalon reserves the right to terminate your service immediately and without advance notice if you violate the above restrictions, leaving you responsible for the full charges to the end of the subscription, which immediately become due and payable.
Termination/Discontinuance of Service
nCefalon reserves the right to discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NCEFALON OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, LICENSEES, LICENSORS, OR THIRD–PARTY PARTNERS OR SUPPLIERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE NCEFALON SERVICE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF NCEFALON OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE NCEFALON SERVICE, FROM INABILITY TO USE THE NCEFALON SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE NCEFALON SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE NCEFALON SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE NCEFALON SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE NCEFALON SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE NCEFALON SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE NCEFALON SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE NCEFALON SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall nCefalon or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Indemnification
User agrees to defend, indemnify, and hold nCefalon, its officers, directors, employees, shareholders, affiliates and agents and any other supplier and service provider who furnishes services to User in connection with this Agreement or the Service, harmless from and against all losses, expenses, costs, claims, including attorneys fees or damages by, or in the right of, User relating to this Agreement, the Services, or asserted by any third party due to or arising out of your use of or conduct on the Service. This paragraph shall survive termination of this agreement.
No Warranties on Service
nCefalon makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service for a particular purpose. Neither nCefalon nor its vendors will be liable for unauthorized access to nCefalon's or User's transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, User's data through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of nCefalon's or its vendors' negligence. Statements and descriptions concerning the Service, if any, by nCefalon or nCefalon's agents or installers are informational and are not given as a warranty of any kind. nCefalon cannot and does not guarantee or warrant that the data available for downloading will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Resolution of disputes
Any dispute or claim between User and nCefalon arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in San Jose, California, U.S.A. in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrators must be entered in the state and federal courts of Santa Clara County, California, U.S.A. All claims shall be arbitrated individually and User will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. The arbitrator shall have no authority to award punitive damages. User acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.
Miscellaneous
nCefalon may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or any part of it, to any other party without prior written consent from nCefalon. Any attempt by you to do so is void. The failure of nCefalon to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.
Privacy Statement and Policies
nCefalon has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.
Information Automatically Logged
nCefalon uses your IP address to help diagnose problems with our server and to administer our Web site. Your IP address is also used to gather broad demographic information and to track user patterns of different areas and topics within the site.
External Links
This site contains links to other sites. nCefalon is not responsible for the privacy practices or the content of such Web sites.
Notices
Notices to User shall be sent to the email address on file for User at nCefalon and will be considered given on the date sent by nCefalon.
General
This Agreement shall be deemed to have been made in the State of California, U.S.A. and the provisions and conditions of this Agreement shall be governed by and interpreted in accordance with the substantive law of the State of California, U.S.A. without regard to conflict of laws provisions. Any dispute arising out of this Agreement shall be resolved in the state and federal courts in Santa Clara County, California, U.S.A. and each party hereby consents to the exclusive jurisdiction thereof. nCefalon also reserves the right to seek compensation for any attorney fee incurred.
Should you have any questions concerning this Agreement, or if you desire to contact nCefalon for any reason, please contact: info@nCefalon.com
