The Hello Brain website and app (the “Site”) is provided by Trinity College Dublin, College Green, Dublin 2, Ireland (“Trinity College”/“we”/“us”) and was developed by the ASAPS consortium with funding from the European Commission for the purpose of allowing Users access to information and inactive content to promote brain health.
The Site provides and facilitates the presentation of content such as emails, links to other websites and other types of media such as videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (“Content”). The Site also allows Users to post comments or upload certain Content (“User Content”).
While Trinity College has no obligation to monitor the Site or any Content, Trinity College reserves the right to change, suspend, or discontinue the availability of the Site or any Content at any time for any reason.
Information on how to use the Site can be accessed here: Hello Brain
1. Acceptance of the Terms and Conditions of Service
This Site, Content and any services offered on the Site (“Services”) are intended for users aged 16 and over. By using this Site, you (“you” or the “Users”) acknowledge that you are aged 16 or over and that you have read, understood, and agree to be bound by these Terms and Conditions of Service. Use of the Site includes but is not limited to accessing, browsing, contributing Content or availing of any Services whether as a guest or having registered to use the Site as a registered user.
We may revise these Terms and Conditions of Service including any eligibility criteria relating to the Site at any time. Please check these Terms and Conditions of Service from time to time to take notice of any changes we made as they are binding on you.
If you do not agree to these Terms and Conditions of Service, you are not entitled to use the Site. The Site would not be made available to Users in the absence of the limitations, restrictions and conditions set out in these Terms and Conditions of Service.
2. Other Trinity College Policies relating to the Site and the Services
By continuing to use the Site, Users hereby agree and acknowledge that the following additional policies also apply:
You may visit the Site without registering. Some of the Content of the Site can only be accessed by Users who have registered and have created an account (“Account”). If you register, you agree to provide accurate and complete Account information and you agree that any information provided by you will not be offensive, vulgar, or obscene.
You are solely responsible for activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your Account information. You shall never use another User’s Account. If you know or suspect that anyone other than you has accessed your Account without your permission, you must immediately notify Trinity college at firstname.lastname@example.org
Trinity College reserves the right in its sole discretion to refuse registration of or cancel an Account.
4. Restrictions on use of the Site
You shall not, and shall not permit any third party using your account to, take any action, or submit Content, that:
a. infringes any patent, trade mark, copyright, right of publicity or other such intellectual property rights of any other person or entity, or violates any law or contract;
b. is false, misleading, or inaccurate;
c. is unlawful, abusive, harassing, defamatory, fraudulent, tortious, offensive, or invasive of another's privacy;
d. constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
e. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Trinity College or any third party; or
f. impersonates any person or entity, including any employee or representative of Trinity College.
You shall abide by all applicable local, state, national, and international laws and regulations. Additionally, you shall not:
a. take any action that imposes or may impose (as determined by Trinity College in its sole discretion) an unreasonable or disproportionately large load on the Site;
b. interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, including by any of the following (i) deciphering, decompiling, disassembling, reverse engineering, or otherwise attempting to derive any source code or underlying ideas or algorithms of any part of the Site, except to the extent applicable laws specifically prohibit such restriction; (ii) modifying, translating, or otherwise creating derivative works of any part of the Site or Content; or (iii) copying, renting, leasing, distributing, or otherwise transferring any of the rights that you receive hereunder;
c. bypass any measures Trinity College may use to prevent or restrict access to the Site (or other accounts, computer systems, or networks connected to the Site) or use manual or automated software, devices, or other processes to access any page of the Site and
d. run any form of screen-scraper, auto-responder or “spam” on the Site.
5. Content on the Site
In order to make the Services available to you, Trinity College grants to each User of the Site a worldwide, non-exclusive, non-sub-licensable and non-transferable license to use the Content as part of the Services solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use in accordance with these Terms and Conditions of Service is prohibited without prior written permission from Trinity College, and, where applicable from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
5.1 Third party websites
The Site provides links to other websites on the operated by third parties. When you access third-party websites, you do so at your own risk. You acknowledge that Trinity College has no control over such sites, and you agree that Trinity College is not responsible for the availability of such sites, and does not endorse and is not responsible or liable for any aspect of those other websites or resources. You further acknowledge and agree that Trinity College shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods or services on or available through any such site. Finally, you acknowledge that Trinity College has no control over the terms and conditions and/or privacy policies of such third party sites and that such terms and conditions and/or privacy policies will govern your rights and obligations with respect to the use of those websites.
5.2 User Content
While Trinity College reserves the right to delete user comments which are deemed to be potentially offensive or otherwise in breach of these Terms and Conditions of Service, you acknowledge and agree that Trinity College does not control User Content and cannot guarantee the accuracy, integrity or quality of any such content, and that the person who posts User Content is solely responsible for such content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable. Persons who post User Content are solely liable for any and all loss or damage caused by such content, including but not limited to any errors, omissions or misrepresentations in any User Content.
If you do choose to post User Content on the Site, you understand that such content will be available publicly. You warrant that any User Content complies with the Terms and Conditions of Service, and you will be liable to Trinity College and indemnify Trinity College for any loss, damage, cost or expense arising due to a breach of that warranty.
You hereby grant Trinity College the following license to perform and market the Site and the Services: a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to) use in any way Trinity College deems appropriate your User Content and your trademarks, service marks, slogans, logos, and similar proprietary rights in connection with the Site and the Services.
You hereby grant to each User a non-exclusive license to access your User Content through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content solely for personal, non-commercial use.
5.3 Linking to the Site
6. Infringement of Intellectual Property
If you believe that your work has been copied in a way that constitutes copyright, trade mark or other intellectual property infringement, please notify us by email at email@example.com. Your notification should contain sufficient information to investigate the merit of the claim. If you do not receive a response within a reasonable period, please direct your notice by email with a copy by post for the attention of the College Secretary (contact details available on the Trinity College website).
Trinity College reserves the right to terminate your Account or restrict access to all or any part of the Site at any time without notice or cause with immediate effect. You may terminate your Account at any time by contacting us at firstname.lastname@example.org Trinity College will terminate your Account, and remove your information from the Site, as soon as reasonably possible.
All provisions of the Terms and Conditions of Service that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You agree that Trinity College will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages or for any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, howsoever caused and whether arising (i) as a result of the use of, or the inability to use, the Site, the Content or any services in connection with or made available on the Site, or (ii) on the basis of breach of contract, tort (including negligence and strict liability) or otherwise.
To the maximum extent permitted by applicable law, Trinity College expressly disclaims all and shall not be deemed to have given any warranties, express or implied (by law or otherwise), and (other than as set out in this agreement) in relation to the Site and your use of the Site.
You agree to indemnify and hold Trinity College and its officers, employees, agents and successors harmless from and against any claim or demand whatsoever made by any third party and any losses, costs, damages, expenses and liabilities, including reasonable legal fees, due to or arising out of (i) User Content, (ii) your use of the Site and (iii) your breach of these Terms and Conditions of Service.
9. Governing Law
These Terms and Conditions of Service and any disputes, claims or proceedings arising out of or in any way relating to these Terms and Conditions of Service shall be governed by the laws of Ireland. The Irish courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to these Terms and Conditions of Service.
10. Contact Us
If you wish to contact us, please email email@example.com. We will endeavour to respond to appropriate queries but our resources are limited and we cannot guarantee that we will be in a position to read or respond to all comments received.
These Terms and Conditions of Service are applicable from 9 April 2014.