Last Modified: October 28, 2015
Thank you for using Dashboard. The following terms of service (the “Terms”) are made and by between you and Cerevo, Inc. (“we”,“our” or “Cerevo”), which constitutes a legal agreement that governs your access to and use of Dashboard websites and services (the “Services”). You must agree to these Terms before you can use the Services. If you do not agree to any of the following terms, please do not use the Services. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization. You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Cerevo and are not barred under any applicable laws from doing so.
In no event shall you use in any way whatsoever the Products and the related technical information contained in the Products or this document for any military purposes, including but not limited to, the development of mass-destruction weapons. In addition, you shall be committed not to use any for the military purpose.
Changing the Service
Cerevo reserves the right to stop, suspend, or modify the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, without prior notice to you. It is your responsibility to review our website and/or check your email address registered in your Dashboard account for any such notices. You agree that Cerevo shall not be liable to you or any third party for any modification or cessation of the Service.
Links to Websites Provided by Third Parties
On this service, you should be able to share any links to independent websites provided by third parties. The internet connections to those websites provided here should be only for conveniences of your service, which you should be responsible for because Cerevo should never provide or manage them. Therefore, Cerevo or any third parties that provide those websites should not be held liable for any of them. In addition, regarding any information or materials contained in those websites, we should never encourage you to use those contents or procedures. You should make your own right decisions on those websites and the settings of your service.
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Cerevo, will be fully responsible and liable use while using the Services. You must not upload spyware or any other malicious software to the Service. You, and not Cerevo, are responsible for maintaining and protecting all of your stuff. Cerevo will not be liable for any loss or corruption of your stuff, or for any costs or expenses associated with backing up or restoring any of your stuff. If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Cerevo of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to Cerevo, it is your responsibility to use a secure encrypted connection to communicate with the Services.
You agree that your Dashboard account is non-transferable. You must not buy, sell, transfer and mortgage your Dashboard account and any rights stated in there Terms.
Acceptable Use Policy.
You agree not to misuse the services.
You agree that you will NOT and will NOT attempt to use the Service to:
- upload, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous,abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
- stalk, harass, threaten or harm another;
- if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends;
- pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity;
- engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
- upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
- interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
- plan or engage in any illegal activity; and/or
- gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.
- probe, scan, or test the vulnerability of any system or network.
You can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
Dashboard is Available on an “AS-IS” basis
THE SERVICES, CONTENTS, SITE AND SOFTWARE ARE PROVIDED ON AN “AS IS”BASIS, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Cerevo will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CEREVO, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CEREVO HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of Japan and other countries. You agree to comply with all applicable export and import laws and regulations. This assurance and commitment shall survive termination of this Agreement.
Modifications of the Terms
Cerevo may update or change these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. Other changes may be posted to terms page. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
Governing Law and Court of Jurisdiction
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY JAPANESE LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE TOKYO DISTRICT COURT, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and Cerevo with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Cerevo’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Cerevo may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Cerevo and you are not legal partners or agents; instead, our relationship is that of independent contractors.