openCortex.org User Agreement
Last updated: July 16, 2005
Welcome to openCortex.org! This agreement describes the legal framework in which you participate on openCortex.org, what your rights and responsibilities are and what you can expect from us.
Content. You retain all ownership rights to content you publish on openCortex.org (your "Content"). However, we can publish all or teaser portions of your Content online and offline and permit others to do the same. You can edit or remove Content from openCortex.org at any time; but if we have distributed your Content to others, we may be unable to require them to make the same changes. We ask that you refer or provide links to openCortex.org if you choose to republish your Content elsewhere.
If you believe content on openCortex.org infringes your copyright, you can contact our agent for service of notice at firstname.lastname@example.org.
Termination. You can cancel your account at any time by contacting us at email@example.com. We can cancel your account, or otherwise refuse service to you, at any time for any reason (including repeat infringement). openCortex may choose to assume that you intended to terminate your account if you do not access it for more than 3 months. Following termination of your account for any reason (including inactivity), at their sole option, openCortex may continue or stop publicly displaying some or all of your Content.
Other Rules. You agree to comply with our site rules, which are incorporated into this agreement, and with all laws and regulations applicable to your access and use of openCortex.org and publishing your Content. Unless we explicitly say otherwise, you may not use any automated means (such as scripts) to access openCortex.org or collect information from it.
Indemnity. By choosing to use openCortex.org, you agree to indemnify openCortex, its officers, agents, partners, and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to, or arising out of Content you choose to submit, post or transmit through openCortex.org; or if your use of or connection to openCortex; your violation of the User Agreement; or, your violation of any rights of another.
Liability Limits. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH OPENCORTEX.ORG, OUR SERVICES OR THIS AGREEMENT.
Governing Law/Arbitration. This agreement is governed by California law as such laws apply to agreements entered into and to be performed entirely within California between California residents. Any claim arising out of or relating to this agreement or openCortex.org shall be settled by binding arbitration in San Francisco County, CA in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Each of us may conduct discovery per California CCP §1283.05 and 1283.1. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by California law. However, (a) each of us may seek interim relief from a San Francisco County, CA court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.
Integration. This agreement and our privacy statement. (which is part of this agreement) constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and us with respect to their subject matters. We can amend this agreement either by emailing you about the amended terms, which take effect when we send you the email, or by displaying amended terms to you when you log in to openCortex.org, which take effect when we post them. Otherwise, this agreement may be amended only by a writing physically signed by both us and you.
General. OPENCORTEX.ORG AND ITS SERVICES ARE PROVIDED "AS IS." We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. This agreement does not create any agency, partnership, JV, employment or franchise relationship. Any unenforceable portion of this agreement shall be enforced to the maximum extent possible and the remaining portions shall be given full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. Our suppliers are third-party beneficiaries of this agreement.