CerebralDatabank's Terms of Service
Please read the following Terms of Service before using or visiting any of Gopal Othayoth's (CerebralDatabank's) services. This document was last updated on: 2021-09-02
1. Eligibility and Acceptance of Terms
By using this website ("Site" or "Website") and/or any other service provided by Gopal Othayoth ("Services" or "Service"), you agree that you are legally allowed to enter a legal contract and are bound to this Agreement ("Terms" or "Agreement") between Gopal Othayoth ("Us", "Our", "We", "Webmaster", "CerebralDatabank", "CDB", "Owner", or "Me") and the User ("You"). This Agreement, and portions or sections thereof shall apply to and be enforced to the maximum extent permitted by applicable law.
BY CONTINUING TO USE OUR SERVICES, YOU AGREE THAT YOU ARE LEGALLY ALLOWED TO BE BOUND BY AND HENCEFORTH ARE LEGALLY BOUND BY THESE TERMS, THAT YOU ARE OVER 13 YEARS OF AGE, AND THAT IF YOU DO NOT AGREE TO THE TERMS, YOU WILL NOT USE THE SERVICE. IF YOU HAVE ALREADY USED ANY OF OUR SERVICES AND DO NOT AGREE TO THE TERMS OF SERVICE, YOU SHOULD IMMEDIATELY CEASE USE OF ALL OUR SERVICES.
We reserve the right to terminate this Agreement, in part or in whole, at our sole discretion without prior notice from Us.
SECTIONS 4 AND 9 CONTAIN INFORMATION THAT MAY AFFECT HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED, INCLUDING BUT NOT LIMITED TO BINDING ARBITRATION AGREEMENT(S) AND CLASS ACTION WAIVER(S). Section 4 supersedes Section 9; in the case of a dispute, only when Section 4 is legally determined to be illegal, unenforceable, expired, or terminated shall Section 9 be taken into consideration.
These Terms of Service can be modified at any time in our sole discretion without notice. The amended Terms will be effective immediately. BY CONTINUING TO USE THIS SITE, YOU AGREE THAT YOU ARE RESPONSIBLE TO PERIODICALLY CHECK THESE TERMS FOR UPDATES, AND THAT YOU WILL USUALLY, IF NOT ALWAYS, NOT BE NOTIFIED OF CHANGES OF ANY DEGREE.
3. Service Usage
You agree to use our Services with good faith, and you agree not to perform and not permit others to perform the following actions: use or modify the Services to unfairly gain unauthorized access to data; use or modify the Services in a way that negatively affects the successful operation of the Services, others' usage of the Services, or related services from other parties that are integral to the successful operation of the Service; use the Service to perform illegal actions.
You agree to indemnify, hold harmless, and defend Us against all legal and non-legal charges, losses, or damages (regardless of whether they have been caused by use of the Service, by Our actions, or by any other reason stated by Us). Under no circumstances will we be liable for any direct, indirect, special, consequential, or negligence-related effect or damage.
5. Intellectual Property
All code and designing is the property of Us. External website links and any other property owned by other entities are property of their respective owners. Any content created by the User using Our content creation tools are the sole intellectual property of the User unless stated otherwise (however, attribution and a link to this website is highly encouraged). You may not copy, distribute, or otherwise pirate any content created by Us without express written permission from Us.
6. External Resources
Our website may contain external links to external sources/resources. This does not imply any endorsement or affiliation with any third party. We are not liable for software damage, hardware damage, personal defamation, or any other damage or consequence caused by visiting these external sources. You may visit these external sources at your own risk. We are not responsible/liable for any content contained in these external sources. It is not our responsibility to monitor these external sources.
You agree to our unconstrained usage of personal information (where data that is deemed "personal information" is decided at Our sole discretion) including but not limited to your location, IP address, screen sharing rights, notification rights, camera, and microphone. In most cases, you will be notified upon any request for your personal information and will have the choice to accept or deny said request - however, this is not guaranteed; we are not required to make a request to you in any way.
ALL OF OUR SERVICES INCLUDING THIS WEBSITE ARE PROVIDED AS-IS AND AS-AVAILABLE. BY CONTINUING TO USE THE SERVICES, WE ARE NOT LIABLE OR RESPONSIBLE FOR THE VALIDITY AND/OR QUALITY OF THE SERVICES. THESE SERVICES ARE PROVIDED WITHOUT ANY WARRANTY WHATSOEVER, NOT EVEN THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL PURCHASED ITEMS ARE NON-REFUNDABLE.
9. Dispute Resolution
This section only permits informal dispute resolution and individual arbitration; it does not permit class, collective, or representative arbitration. This Agreement also does not permit any other form of combined individual claims or actions. The United States Federal Arbitration Act applies to the contents of this section.
Arbitration shall be governed by and administered by the American Arbitration Association ("AAA"). At the time of writing, the AAA's rules and policies can be found on their current website ("https://adr.org/"). The arbitrator is bound by this Agreement.
YOU AGREE TO INITIALLY MAKE A REASONABLE, GOOD-FAITH EFFORT TO RESOLVE ALL DISPUTES INFORMALLY BEFORE INITIATING ARBITRATION OR ANY OTHER LEGAL ACTION. WE MAY INITIATE ARBITRATION OR OTHER LEGAL ACTION AT ANY TIME. IF A DISPUTE REMAINS BETWEEN YOU AND US 60 DAYS AFTER EITHER YOU OR US NOTIFIED THE OTHER PARTY OF THE DISPUTE, YOU OR US MAY INITIATE ARBITRATION. YOU AGREE TO RESOLVE SAID DISPUTE BETWEEN YOU AND US IN INDIVIDUAL BINDING ARBITRATION. YOU UNDERSTAND THAT YOU ARE WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY (UNLESS THE TRIAL WAS INITIATED BY US AND/OR WE HAVE GIVEN EXPRESS WRITTEN PERMISSION TO HAVE SAID TRIAL). YOU AGREE NOT TO INITIATE OR PARTICIPATE IN THE FOLLOWING AGAINST US (REGARDLESS OF THE AAA'S RULES OR ALLOWANCES): CLASS OR REPRESENTATIVE ACTION; CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION; PRIVATE ATTORNEY GENERAL ACTION; WHISTLE BLOWER ACTION; ANY OTHER FORM OF COLLECTIVE LEGAL ACTION INITIATED BY OR ON BEHALF OF MULTIPLE INDIVIDUALS.
All sections of these Terms of Service and the Terms of Service itself will survive, to the maximum extent permitted by law, any expiration or termination of this Agreement or any section of this Agreement due to a legal determination of illegality or unenforceability (or any other legal expiration or termination), upon termination of usage of any or all of the Services, termination of this Agreement in part or in whole by Us, or by any other cause by which these Terms or a portion thereof are expired or terminated.
11. End-User License Agreement ("EULA")
This section applies to any of Our resources ("Resource"), including but not limited to, applications/programs/software, physical objects, written works, 3D models, and any other media, obtained by You from Us in any manner.
You are granted a revocable, non-transferable license to obtain the Resource from Us and use it for noncommercial purposes. You agree not to perform and not permit others to perform the following actions: license, sell, rent, lease, distribute, or otherwise use the Resource for commercial purposes.