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Neurostrom Terms & Conditions

Terms of Service

Dated: Oct 24, 2023

 

TERMS OF SERVICE

Welcome to NeuroStorm!

Introduction

Thank you for using the NeuroStorm platform and the products, services and features we make

available to you as part of the platform (collectively, the “Service”).

 

Our Service

The Service allows you to discover, watch, participate and create events, and share videos and other content, provides a forum for people to connect, inform, and inspire others across the globe, and acts as a distribution platform for original content creators and advertisers large and small.

 

Your Service Provider

The entity providing the Service is NeuroStorm LLC, a company operating under the laws of Delaware, located at 400 Galleria Pkwy SE Ste 1500, Atlanta Ga 30339 referred to as “NeuroStorm”, “we”, “us”, or “our”). References to NeuroStorm’s “Affiliates” in these terms means the other companies within the Six to One Inc. corporate group (now or in the future).

 

Applicable Terms

Your use of the Service is subject to these terms, the NeuroStorm Community Guidelines and the Policy, Safety and Copyright Policies which may be updated from time to time (together, this "Agreement"). Your Agreement with us will also include the Advertising on NeuroStorm Policies if you provide advertising or sponsorships to the Service or incorporate paid promotions in your content. Any other links or references provided in these terms are for informational use only and are not part of the Agreement.

Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.

 

Who may use the Service?

Age Requirements

You must be at least 13 years old to use the Service; however, children of all ages may use the Service and NeuroStorm Kids (where available) if enabled by a parent or legal guardian.

 

Permission by Parent or Guardian

If you are under 18, you represent that you have your parent or guardian’s permission to usen the Service. Please have them read this Agreement with you.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.

 

Businesses

If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

 

Your Use of the Service

Content on the Service

The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, NeuroStorm or a third-party (collectively, "Content”).

Content is the responsibility of the person or entity that provides it to the Service. NeuroStorm is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the Community Guidelines or the law, you can report it to us.

 

NeuroStorm Accounts and NeuroStorm Channels

You can use parts of the Service, such as browsing and searching for Content, without having a NeuroStorm account. However, you do need a NeuroStorm account to use some features. With a NeuroStorm account, you may be able to like videos, subscribe to channels, create your own NeuroStorm channel, and more. You can follow these instructions to create a NeuroStorm account.

Creating a NeuroStorm channel will give you access to additional features and functions, such as uploading videos, creating and participating in events, making comments or creating playlists (where available). Here are some details about how to create your own NeuroStorm channel.

To protect your NeuroStorm account, keep your password confidential. You should not reuse your NeuroStorm account password on third-party applications. Learn more about keeping your NeuroStorm account secure, including what to do if you learn of any unauthorized use of your password or NeuroStorm account.

 

Your Information

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service.

We will process any audio or audiovisual content uploaded by you to the Service in accordance with the NeuroStorm Data Processing Terms, except in cases where you uploaded such content for personal purposes or household activities.

 

Permissions and Restrictions

You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non- commercial use. You may also show NeuroStorm videos through the embeddable NeuroStorm player.

The following restrictions apply to your use of the Service. You are not allowed to:

  1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from NeuroStorm and, if applicable, the respective rights holders;

  2. circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;

  3. access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with NeuroStorm’s robots.txt file; or (b) with NeuroStorm’s prior written permission;

  4. collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under section (3) above;

  5. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;

  6. cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics in any manner;

  7. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;

  8. use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or

  9. use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Advertising on NeuroStorm policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where NeuroStorm videos are the main draw for users visiting the webpage).

 

Reservation

Using the Service does not give you ownership of or rights to any aspect of the Service, including usernames or any other Content posted by others or NeuroStorm.

 

Develop, Improve and Update the Service

NeuroStorm is constantly changing and improving the Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. When the Service requires or includes downloadable software (such as the NeuroStorm Studio application), that software may update automatically on your device once a new version or feature is available, subject to your device settings. If we make

material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.

 

Your Content and Conduct

Uploading Content

If you have a NeuroStorm channel, you may be able to upload Content to the Service. You may use your Content, Events and Reports to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement (including the NeuroStorm Community Guidelines) or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.

 

Rights you Grant

You retain ownership rights in your Content. However, we do require you to grant certain rights to NeuroStorm and other users of the Service, as described below.

License to NeuroStorm

By providing Content to the Service, you grant to NeuroStorm a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and NeuroStorm’s (and its successors' and Affiliates') business, including for the purpose of promoting and redistributing part or all of the Service.

License to Other Users

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.

Duration of License

The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that NeuroStorm may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.

Right to Monetize

You grant to NeuroStorm the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments. Starting November 18, 2020, any payments you may be entitled to receive from NeuroStorm under any other agreement between you and NeuroStorm (including for example payments under the NeuroStorm Partner Program, Channel memberships or Super Chat) will be treated as royalties. If required by law, NeuroStorm will withhold taxes from such payments.

Removing Your Content

You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.

Removal of Content By NeuroStorm

If any of your Content (1) is in breach of this Agreement or (2) may cause harm to NeuroStorm, our users, or third parties, we reserve the right to remove or take down some or all of such Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so:

(a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for NeuroStorm or our Affiliates;

(b) would compromise an investigation or the integrity or operation of the Service; or

(c) would cause harm to any user, other third party, NeuroStorm or our Affiliates.

 

Community Guidelines Strikes

NeuroStorm operates a system of “strikes” in respect of Content that violates the NeuroStorm Community Guidelines. Each strike comes with varying restrictions and may result in the permanent removal of your channel from NeuroStorm.

If your channel has been restricted due to a strike, you must not use another channel to circumvent these restrictions. Violation of this prohibition is a material breach of this Agreement and NeuroStorm reserves the right to terminate your NeuroStorm account or your access to all or part of the Service.

 

Copyright Protection

We provide information to help copyright holders manage their intellectual property online in our NeuroStorm Copyright Center. If you believe your copyright has been infringed on the Service, please send us a notice.

We respond to notices of alleged copyright infringement according to the process in our NeuroStorm Copyright Center, where you can also find information about how to resolve a copyright strike. NeuroStorm's policies provide for the termination, in appropriate

circumstances, of repeat infringers’ access to the Service.

 

Account Suspension & Termination

Terminations by You

You may stop using the Service at any time. Follow these instructions to delete the Service from your NeuroStorm Account, which involves closing your NeuroStorm channel and removing your data. You also have the option to download a copy of your data first.

Terminations and Suspensions by NeuroStorm

NeuroStorm reserves the right to suspend or terminate your NeuroStorm account or your access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we

reasonably believe that there has been conduct that creates (or could create) liability or harm to any user, other third party, NeuroStorm or our Affiliates.

Notice for Termination or Suspension

We will notify you with the reason for termination or suspension by NeuroStorm unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party, NeuroStorm or our Affiliates.

Effect of Account Suspension or Termination

If your NeuroStorm account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe that the termination or suspension has been made in error, you can appeal using this form.

 

About Software in the Service

Downloadable Software

When the Service requires or includes downloadable software (such as the NeuroStorm Studio application), unless that software is governed by additional terms which provide a license, NeuroStorm gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by NeuroStorm as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by NeuroStorm, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have NeuroStorm’s written permission.

Open Source

Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.

 

Other Legal Terms

Warranty Disclaimer

OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE

SERVICE IS PROVIDED “AS IS” AND NEUROSTORM DOES NOT MAKE ANY SPECIFIC

COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY

WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.

Limitation of Liability

EXCEPT AS REQUIRED BY APPLICABLE LAW, NEUROSTORM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

  1. ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;

  2. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;

  3. ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;

  4. ANY INTERRUPTION OR CESSATION OF THE SERVICE;

  5. ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;

  6. ANY CONTENT WHETHER SUBMITTED BY A USER OR NEUROSTORM, INCLUDING YOUR USE OF CONTENT; AND/OR

  7. THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

NEUROSTORM AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT NEUROSTORM HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO NEUROSTORM, OF THE CLAIM; AND (B) USD $500.

 

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless NeuroStorm, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.

Third-Party Links

The Service may contain links to third-party websites and online services that are not owned or controlled by NeuroStorm. NeuroStorm has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

 

About this Agreement

Changing this Agreement

We may change this Agreement, for example, (1) to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.

If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.

Continuation of this Agreement

If your use of the Service ends, the following terms of this Agreement will continue to apply to

you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.

Severance

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

No Waiver

If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

Interpretation

In these terms, “include” or “including” means “including but not limited to,” and any examples

we give are for illustrative purposes.

Governing Law

All claims arising out of or relating to these terms or the Service will be governed by Delaware law, except Delware’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of New Castle County, Delaware, USA. You and NeuroStorm consent to personal jurisdiction in those courts.

Limitation on Legal Action

YOU AND NEUROSTORM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Effective as of Oct 24, 2023

 

 

Community Guidelines

Overview

NeuroStorm has always had a set of Community Guidelines that outline what type of content isn’t allowed on NeuroStorm. These policies apply to all types of content on our platform, including videos, comments, links, and thumbnails. Our Community Guidelines are a key part of our broader suite of policies and are regularly updated in consultation with outside experts and NeuroStorm creators to keep pace with emerging challenges.

We enforce these Community Guidelines using a combination of human reviewers and machine learning, and apply them to everyone equally—regardless of the subject or the creator’s background, political viewpoint, position, or affiliation.

Our policies aim to make NeuroStorm a safer community while still giving creators the freedom to share a broad range of experiences and perspectives.

 

What areas do Community Guidelines cover?

You'll find a full list of our Community Guidelines below:

Spam & deceptive practices

  • Fake engagement

  • Impersonation

  • External links

  • Spam, deceptive practices & scams

  • Playlists

  • Additional policies

Sensitive content

  • Child safety

  • Thumbnails

  • Nudity and sexual content

  • Suicide and self-harm

  • Vulgar language

Violent or dangerous content

  • Harassment and cyberbullying

  • Harmful or dangerous content

  • Hate speech

  • Violent criminal organizations

  • Violent or graphic content

Regulated goods

  • Firearms

  • Sale of illegal or regulated goods or services

Misinformation

  • Misinformation

  • Elections misinformation

  • Medical misinformation

Educational, Documentary, Scientific, and Artistic (EDSA) content

  • How NeuroStorm evaluates Educational, Documentary, Scientific, and Artistic (EDSA) content

 

In addition to Community Guidelines, creators who want to monetize content on NeuroStorm must comply with Monetization Policies.