MyPlasticBrain.com

Dual Hemispheres - Terms of Use

Welcome to www.myplasticbrain.com which is provided to You (“You” or “Your”) by Dual Hemispheres, LLC (“Dual Hemispheres”). The following Terms of Use govern Your access to and use of the www.myplasticbrain.com (the “Website”) and the services offered by Dual Hemispheres through the Website (the “Services”). These Terms of Use also govern Your access to and use of and the Website’s content, including its text, layout, images and graphics and the selection and arrangement thereof (collectively, “Content”) available on or through the Website. The words “User,” “You” and “Your” as used in this Agreement refer to users of the Website and other persons who access the Website. Please review the following disclosures and terms that govern Your use of the Website (the "Agreement"). The Website are owned and/or operated by Dual Hemispheres. As used in this Agreement, the words “we,” “us,” and “our” refer to Dual Hemispheres.

Your use of the Website constitutes Your Agreement and acceptance without change of these terms and conditions. In addition, as a condition of Your use of the Website, You represent and warrant to Dual Hemispheres that You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. If You do not agree and accept these terms and conditions, Your use of the Website is prohibited. Other than this Agreement, Dual Hemispheres will not enter into any Agreement with You or have any obligation to You through the Website and no attempt to create such an Agreement will be effective.

BY ACCESSING, BROWSING OR USING THE WEBSITE AND/OR THE SERVICES, YOU ACKNOWLEDGE THAT:

  1. YOU ARE AT LEAST 18 YEARS OLD AND HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS TERMS OF USE;
  2. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE;
  3. THESE TERMS OF USE ARE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND DUAL HEMISPHERES; AND
  4. IF ACCESSING, BROWSING OR USING THE WEBSITE ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE.

IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE ACKNOWLEDGEMENT SET FORTH IN PARAGRAPHS 1-4 ABOVE, THEN DO NOT BROWSE OR USE THE WEBSITE, AND,  ANY MOREOVER, DUAL HEMISPHERES DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THE WEBSITE WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT.

LICENSE

You agree by accessing, browsing or otherwise using the Website, the Website and the Content are and remain the sole property of Dual Hemispheres or third-party providers, as applicable. Except as expressly permitted by Dual Hemispheres in writing, You agree that Your license to access, browse and/or use the Website and the Content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view the Website and the Content, and (ii) copy, download and store the Content (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content solely for Your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that You download, create, generate, store and/or print, You will reproduce and include all copyright and other proprietary notices included in such Content.

Except as expressly permitted by Dual Hemispheres in these Terms of Use or otherwise in writing, You will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of this the Website or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic. Further, You shall not use any keywords, metatags, meta elements, “hidden text” or other equivalents using the names “Dual Hemispheres”, “www.myplasticbrain.com,” “My Plastic Brain,” or any other colorable equivalent without the prior written authorization of Dual Hemispheres.

SUBMISSIONS

You acknowledge and agree that by submitting remarks, comments, suggestions, ideas, graphics, feedback, edits, concepts, comments, photographs, illustrations and other materials (other than information given in connection with registration) to Dual Hemispheres through the Website (individually and collectively, “Submissions”), You (i) grant Dual Hemispheres a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created without attribution; (ii) grant Dual Hemispheres the right to pursue at law any person or entity that violates Your and/or Dual Hemispheres’s rights in Your Submissions; and (iii) forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your Submissions, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Submission or any derivative thereof.  You further acknowledge and agree that Your Submissions are non-confidential and do not contain proprietary information. 

Except as described in Dual Hemispheres’s Privacy Policy, Dual Hemispheres will not be required to treat any Submissions as confidential, and You acknowledge and agree that Dual Hemispheres may use in connection with its business any of the concepts and ideas contained in Your Submissions (including without limitation, product or advertising ideas) without compensation to You and Dual Hemispheres will not incur any liability to You as a result of any similarities between concepts and ideas contained in Your Submission and future Dual Hemispheres operations and business. Except as otherwise set forth in these Terms of Use, Dual Hemispheres will be entitled to use the Submissions for any commercial or other purpose whatsoever without compensation to You or any other person.

Your Submissions, including personally identifiable information contained therein, are made voluntarily and are subject to the Privacy Policy. You are responsible for the content of Your Submissions and agree to defend (at Dual Hemispheres’s option) and at Your sole expense, indemnify and hold Dual Hemispheres harmless from any damages, losses, costs, or expenses, including attorneys’ fees, which Dual Hemispheres may incur as a result of Your Submissions.

With respect to Your Submissions, You acknowledge, warrant and agree that:

  1. Your Submissions will be true and accurate, are the original work of Your authorship, that You are not employed or otherwise being compensated by the provider of the products or services (if any) that Your Submissions relates to and that You are not impersonating any other person;
  2. You have the right to make Your Submissions without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and the Submissions will not contain any content, personally identifiable information or other information, or materials of any kind that relates or refers to any other person or entity other than the provider of the products, goods or services to which Your Submission relates; and
  3. Your Submissions will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (a) libel, defame, or invade the privacy of any third party, (b) are obscene or pornographic, (c) harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (d) constitute personal attacks on other individuals; (e) infringe the intellectual property, trade secret or proprietary rights of any third party; (f) promote criminal or other illegal activity; (g) promote or advertise any person, product or service or solicit funds; or (f) are deemed confidential by any contract or policy.

Dual Hemispheres retains the right to review and delete from the Website any Submissions which Dual Hemispheres in its sole discretion considers illegal, offensive, obscene, abusive, commercial in nature, infringing, inappropriate or otherwise violates these Terms of Use.  If notified of an allegation that the Website contain infringing information, materials or other content, Dual Hemispheres may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the same from the Website. Notices to Dual Hemispheres regarding any alleged copyright infringement should be sent to Dual Hemispheres at P.O. Box 360 Mount Kisco, NY  10549.

SITE MONITORING

Dual Hemispheres may monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other for the purpose of promoting its efficiency, usefulness, appropriateness of use and compliance with these Terms of Use.  However, Dual Hemispheres does not undertake to monitor or review every posting or communication, and Dual Hemispheres disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

Dual Hemispheres is not responsible for screening, policing, editing or monitoring the Submissions and other third party statements posted on the Website, including, without limitation, all third party advertising posted on the Website.  While Dual Hemispheres, from time to time, may monitor the content of the Submissions and other third party communications posted on the Website, Dual Hemispheres does not endorse, support, sanction, encourage, verify, or necessarily agree with the Submissions and other comments, opinions, or statements posted by on the Website by users and other third parties. Any information or material placed on the Website by Users or other third parties, including advice and opinions, are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of Dual Hemispheres. Dual Hemispheres reserves all of its rights to discontinue in its sole discretion the services provided on the Website in general or to any user at any time.

Subject to the terms of its Privacy Policy which is incorporated and made part of these Terms of Use, Dual Hemispheres may disclose to third parties any records, electronic communications, information, materials or other content of any kind (i) if Dual Hemispheres believes in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect Dual Hemispheres’ rights and property or the rights and property of Dual Hemispheres users and business partners.

PRIVACY POLICY

Dual Hemispheres recognizes the importance of protecting the privacy of visitors to the Website. Please click here to view the Website’ privacy policy which is incorporated and made part of these Terms of Use. Any changes to the privacy policy will be communicated on such page.

INTELLECTUAL PROPERTY

All right, title and interest in and to the Website and the Content and all intellectual property rights embodied therein, are the property of Dual Hemispheres or its licensors or suppliers.  The Website and the Content contained and referenced therein are for informational purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided by these Terms of Use or by Dual Hemispheres’ express authorization.  Requests for permission to reproduce any of the Content may be made by sending an e-mail to info@myplasticbrain.com.

“Dual Hemispheres,” “My Plastic Brain,” and all logos on the Website are trademarks (individually and collectively, the “the Dual Hemispheres Trademarks”) owned by Dual Hemispheres. All other trademarks, service marks, domain names, logos, and company names (collectively “Other Trademarks”) displayed or referred to on the Website are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Dual Hemispheres or their respective owners. 

Except as provided in these Terms of Use, Dual Hemispheres does not grant You any rights in or to the Dual Hemispheres Trademarks or the Other Trademarks.  You agree that You shall not use the Dual Hemispheres Trademarks or the Other Trademarks in any manner inconsistent with the provisions of these Terms of Use, without the prior written authorization of Dual Hemispheres or the respective owners of the Other Trademarks as the case may be.  Requests to use the Dual Hemispheres Trademarks or other Dual Hemispheres trademarks for purposes other than stated in these Terms of Use may be made by sending an e-mail to info@myplasticbrain.com.

USE OF THE WEBSITE

Without limiting anything else contained in this Agreement, You agree and acknowledge that:

The Content, Submissions, databases used to store the Content and Submissions (“Databases”) and any other information contained therein are valuable intellectual property owned by or licensed to Dual Hemispheres, and that no proprietary rights therein are being transferred to You by these Terms of Use.

You will not, directly or indirectly:

  1. Use any of the Content, Submissions, Databases and any other information contained therein for any purposes other than Your personal, non-commercial use;
  2. Use the Content, Submissions, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
  3. Use the Content, Submissions, Databases and any other information contained therein in violation of any applicable laws or regulations;
  4. Publish or distribute in any medium Content, Submissions, Databases and any other information contained therein, and/or summaries or subsets thereof to any person or entity;
  5. Attempt to access or access any other user’s account;
  6. Attempt to obtain or ascertain or obtain or ascertain any other user’s user name, password and/or personal information by any means whatsoever;
  7. Attempt to elude or elude the Website’ security systems;
  8. Attempt to gain access or gain access to the Website in a fraudulent manner;
  9. Use the Website for any purposes other than those intended by Dual Hemispheres, as determined by Dual Hemispheres in its sole discretion; or
  10. Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.

You specifically acknowledge and agree that any and all misappropriation or misuse of the Content, Submissions, Databases and any other information contained therein will cause irreparable harm to Dual Hemispheres and that in such event money damages will not constitute sufficient compensation to Dual Hemispheres; consequently, in the event that You, directly or indirectly, misappropriate or misuse of the Content, Submissions and any other information contained therein, You specifically consent to Dual Hemispheres obtaining injunctive relief against You in addition to any other legal or financial remedies to which Dual Hemispheres may be entitled.

Dual Hemispheres reserves the right to modify and/or discontinue the Website at any time, for any reason and without notice, and to terminate Your password and account should You be in violation of these Terms of Use, including but not limited to the provisions of this section entitled “Use of the Website.”

NOTICE OF ENFORCEMENT

Dual Hemispheres vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, Dual Hemispheres will prosecute any unauthorized use or reproduction of any of the Content, Submissions and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.

REGISTRATION AND ACCOUNT CREATION

Dual Hemispheres may at times require that You register and/or set up an account to use certain portions of the Website, or the Website as a whole. In order to do so, You may be provided, or required to choose, a password, user ID, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by You is accurate and up-to-date. If any of Your Registration Information changes, You must update it by editing Your Registration profile on the Service.

USE OF USER ID/PASSWORD

If You register and/or set up an account on the Website, You will be solely responsible for maintaining the confidentiality of Your Registration Information. You may not authorize others to use the Website, and You are responsible for all use by You and those You allow to use the Website. You may not sub-license, transfer, sell or assign Your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.

You are solely responsible for all usage or activity on Your account including, but not limited to, use of the account by any person who uses Your Registration Information, with or without authorization.

We reserve the right to refuse service and/or terminate accounts without prior notice if You violate these Terms of Use or if we decided, in our sole discretion, that it would be in Dual Hemispheres’s best interests to do so.

MEMBERSHIP

Users have the option to sign-up for memberships of various lengths.  Initially, Dual Hemispheres provides free short-term membership to access the general information and activity portions of the site.

LINKS

At certain places on the Website, live hypertext links to other Internet website can be accessed. Such other Websites contain information created, published, maintained, or otherwise posted by organizations not related to and otherwise independent of Dual Hemispheres. Dual Hemispheres does not endorse, approve, certify, maintain, or control these other Website and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Dual Hemispheres provides the links only as a convenience. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness as well as those Website’ respective terms of use and privacy polices. Neither the inclusion of the link on the Website nor reference on the linked Website to any product, process, or service by name, trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or referral by Dual Hemispheres. You acknowledge and agree that Dual Hemispheres shall not be liable for any damages or injury resulting or arising from the content of or access to such other Website.

There may be circumstances where access to the Website is provided by a hypertext link located at another website. Dual Hemispheres has no responsibility for the content of such other website, Dual Hemispheres does not make any representations or give any warranties or conditions with respect to any information contained in or at such other website and You acknowledge and agree that Dual Hemispheres shall not be liable for any damages or injury resulting or arising from the content of or access to such other website. Dual Hemispheres does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to the Website. Unless approved in writing in advance by Dual Hemispheres, You agree not to: (i) provide or create a link to the Website; or (ii) create any frames at any other sites pertaining to any of the Content located at the Website. You also agree not to post any materials at the Website without the express written permission of Dual Hemispheres.

SECURITY

We have extensive security measures in place to protect the loss, misuse and alteration of the information stored in our database.  We will exercise reasonable care in providing secure transmission of information between Your computer and our servers, but given that no information transmitted over the Internet can be guaranteed 100% secure, we cannot ensure or warrant the security of any information transmitted to us over the Internet and hence accept no liability for any unintentional disclosure.

NO WARRANTIES; EXCLUSION OF LIABILITY

THE INFORMATION AND MATERIALS ON THE WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

THE WEBSITE ARE OPERATED BY DUAL HEMISPHERES ENTERTAINMENT, LLC ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, DUAL HEMISPHERES, INC., ITS RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE "DUAL HEMISPHERES BUSINESSES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE DUAL HEMISPHERES BUSINESSES AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NEITHER THE DUAL HEMISPHERES BUSINESSES NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE DUAL HEMISPHERES BUSINESSES, THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE MATERIALS IN THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE DUAL HEMISPHERES BUSINESSES NOR ANY OF THEIR AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, THE DUAL HEMISPHERES BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

THE DUAL HEMISPHERES BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

DUAL HEMISPHERES’S PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF DUAL HEMISPHERES’S RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE WEBSITE OR INFORMATION PROVIDED TO OR GATHERED BY DUAL HEMISPHERES WITH RESPECT TO SUCH USE.

CORRECTION OF ERRORS AND INACCURACIES

The information on the Website may contain typographical errors or inaccuracies and may not be complete or current. Dual Hemispheres therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including as to orders of merchandise after You have submitted Your order). Please note that if the Website have products for sale, such errors, inaccuracies or omissions may relate to product description, pricing and availability.  Dual Hemispheres apologizes for any inconvenience this may cause You. If You are not fully satisfied with Your online purchase from the Website You may return it in accordance with our Return Policy.

CONTACTING US/FEEDBACK, POSTINGS AND COMMUNICATION

If You have any questions about this Agreement or the Website, please send us an email to info@myplasticbrain.com or write us at:
P.O. Box 360 Mount Kisco NY  10549

Although Dual Hemispheres will in most circumstances be able to receive Your email or other information provided through the Website (including, without limitation, service requests and other submissions), Dual Hemispheres does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information. Be aware that Internet email typically is not secure.

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DUAL HEMISPHERES AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:

  1. YOUR USE OF THE WEBSITE AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEBSITE;
  2. ANY PRODUCTS OR SERVICES YOU OBTAIN BASED, IN WHOLE OR IN PART, ON THE CONTENT AND OTHER INFORMATION VIEWED OR OBTAINED ON, FROM OR THROUGH THE WEBSITE;
  3. ANY BREACH BY YOU OF THESE TERMS OF USE;
  4. ANY SUBMISSION YOU MAKE OR POST ON THE WEBSITE; AND
  5. ANY OTHER ACTIVITY BY YOU ON OR IN CONNECTION WITH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER NEGLIGENT, ILLEGAL OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR WEBSITE ACCOUNT.

RELEASE FOR FORCE MAJEURE

You absolve and release Dual Hemispheres and its officers, directors, shareholders, employees, agents, content providers, customers and suppliers from any claim of harm resulting from any cause(s) over which Dual Hemispheres or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

TERM AND TERMINATION

This Terms of Use will take effect at the time You click “I Agree” or access, browse or use the Website or any of the Content, and continues in perpetuity unless terminated by You and/or Dual Hemispheres. Dual Hemispheres reserves the right, at any time and for any reason, without notice to You, (i) to deny You access to the Website and any of the Content; (ii) to change, remove or discontinue the Website any of the Content or services available on or through the Website; or (iii) to terminate this Terms of Use.

You may terminate this Agreement at any time by destroying: (a) all of the Content obtained from the Website, including, without limitation, permanently deleting all of the Content You have copied or stored on any computer and any media; and (b) all related documentation.  In addition, and upon Dual Hemispheres’ request, You agree to certify in writing that all of the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of this Agreement which by their nature are intended to survive and will survive the termination or expiration of this Agreement for any reason.

NOTICES

Any notice or other document or communication required or permitted hereunder to Dual Hemispheres will be deemed to have been duly given only if in writing and delivered by any of the following methods:

  1. Certified U.S. mail, return receipt requested, postage prepaid, to Dual Hemispheres at P.O. Box 360 Mount Kisco NY  10549.
  2. Email sent to info@myplasticbrain.com.

Notices to Dual Hemispheres shall be deemed delivered when actually received by Dual Hemispheres.

Any notice or other document or communication from Dual Hemispheres required or permitted hereunder will be sent to the e-mail address that You provide when You register with the Website. Such notice will be deemed received by You the business day after the e-mail is sent.

Should You elect to send or receive e-mail communications of any kind to or from Dual Hemispheres, You represent and warrant to Dual Hemispheres that Your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.

JURISDICTION; COMPLIANCE WITH LAWS

Except as set forth otherwise herein, Dual Hemispheres controls and operates the Website from the United States of America and makes no representation that the Content is appropriate or available for use in other locations. You are responsible for compliance with applicable local laws including, without limitation, all export and import laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) any country to which the U.S. has placed an embargo; (ii) to anyone in the US Treasury Department’s Specially Designated national list, or (iii) to anyone on the US Commerce Department’s Table of Denial Orders. If You download or use the Content, You represent and warrant that You are not located in, or under the control of, or a national or resident of any such country or on any such list.

Access, browsing and use of the Website, the Content and these Terms of Use, and all matters or issues collateral thereto are all governed by United States federal law and/or the laws of the State of New York, without regard to any conflict of laws provisions that would refer to and/or apply the substantive laws of another jurisdiction.  The Convention on International Sale of Goods shall not apply to any sale or other transaction made through the Website.

SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW YORK, USA.  YOU AND DUAL HEMISPHERES AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.

ARBITRATION

Any controversy or dispute between You and Dual Hemispheres (the “parties”) concerning the Website, the Content, these Terms of Use, the Privacy Policy and/or all matters or issues collateral thereto shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in Westchester County, New York.  Each of the parties shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.

WAIVER

No delay or omission by Dual Hemispheres to exercise any right occurring upon any noncompliance on Your part with respect to any of the terms of these Terms of Use will impair any such right or power or be construed to be a waiver thereof. Any waiver by Dual Hemispheres of any of the covenants, conditions or Agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or Agreement herein contained.

SEVERABILITY

If any portion of these Terms of Use is adjudged invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.

INDEPENDENT CONTRACTOR

Dual Hemispheres is an independent contractor; nothing in these Terms of Use shall be construed to create a partnership, joint venture, or agency relationship between the parties.

CONTINUED USE DEEMED ACCEPTANCE

Dual Hemispheres reserves the right, at its sole discretion, to change, alter, amend or otherwise modify these Terms of Use from time to time. After any such modification becomes effective, Dual Hemispheres will deem Your continued use of the Website or any of the Content to constitute Your acceptance of and Agreement to such modification.

ENTIRE AGREEMENT

These Terms of Use and the Privacy Policy constitute the entire agreement between You and Dual Hemispheres with respect to Your use of the Website and the Content, and supersedes any and all prior understandings or Agreements between You and Dual Hemispheres, whether written or oral. You acknowledge that, in providing You access to and use of the Website and the Content, Dual Hemispheres has relied on Your acceptance of this Terms of Use and Privacy Policy.

 

©2013 Dual Hemispheres, LLC

 

 
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