Your usage of Neurascapes signifies agreement to these terms
Neurascapes is a platform for discovering high-definition photos that are free to use. We (Neurascapes Inc., a Canadian corporation) run the Neurascapes website at neurascapes.com (the “Site”) along with all related websites, software, mobile apps, and other services that we offer (collectively referred to as the “Service”). Our goal is to celebrate and empower our contributors while encouraging creativity within our community. By using the Service, and by us providing the Service to you, you are agreeing to the terms and conditions in these Terms of Service.
Please carefully read these Terms of Service. By signing up for or using the Service in any way, you are indicating that you have read, understood, and agree to be bound by these Terms of Service, which include our Privacy Policy (all together, these “Terms”). If you disagree with anything stated in these Terms, you should not use any part of the Service, and you do not have our permission to do so.
This part is crucial: These Terms state that if there's a dispute between us regarding the Service, unless you live in the United Kingdom or the European Union, the dispute will be resolved by binding arbitration. This means that you agree to waive your right to go to court to sue us (or be sued by us) under this contract (except for some disputes that can be taken to small claims court). Our disputes will be resolved by a neutral arbitrator, not a judge or jury, and you cannot start or join a class action lawsuit. Please read through Section 18 for the actual details regarding our agreement to arbitrate, which we've aimed to make fair for our users.
The Service is designed for use by people who are at least 13 years old. If you are not yet 13, then you can’t use the Service. If you are 13 or older, you promise to us that you have never been suspended from the Service, and promise that your use of the Service won’t break any laws or regulations. If you are using the Service on behalf of a company, organization, or other kind of entity, you represent to us that you have authority to bind the organization to these Terms on its behalf.
Conditioned on your continued compliance with these Terms, we grant you permission to access the Service only for your personal use.
A standout feature of our Service allows you to search, view, and download photographs uploaded by Neurascapes users (“Photos”). You can download and use Photos from our Service in accordance with the Neurascapes License. We recommend familiarizing yourself with the Neurascapes License, along with our Frequently Asked Questions (FAQs) for a better understanding. Here’s a summary of the license:
Neurascapes grants you an irrevocable, nonexclusive, worldwide copyright license to download, copy, modify, distribute, perform, and use photos from Neurascapes for free, even for commercial purposes, without the need for permission from or attribution to the photographer or Neurascapes. However, this license does not give you the right to compile photos from Neurascapes to mimic a similar or competitive service.
Essentially, the Photos on our Service come with a very broad copyright license under the Neurascapes License. This is why we say they are “Free to Use.” However, the Neurascapes License does not include the right to use:
If you download photos containing any of these, you might need permission from the brand owner, the individual, or the author of the work, depending on your intended use of the Photo. For more information, refer to our FAQs, and if you're still uncertain, it would be wise to consult with a legal expert knowledgeable about these matters.
BY USING THE SERVICE YOU AGREE NOT TO:
Unless and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism.
Except for use of the API in accordance with our API Terms, do not access the Service using any bots, spiders, scripts, crawlers, scrapers, or other automated tools or applications (other than your web browser or any mobile app that we may publish).
We comply with the elements of the Digital Millennium Copyright Act that pertain to internet service providers (17 U.S.C. §512, as amended). If you believe that materials uploaded to or posted on the Service infringe upon your copyrights, you may contact our Designated Agent at:
3AM Labs, C 1203, Zen Atlantis, Hiranandani Gardens, Powai, Mumbai, India E-mail: contact@neurascapes.com
Any notice alleging that materials hosted by or distributed through the Service infringe upon intellectual property rights must include:
We will terminate the accounts of users found to be "repeat infringers" without notice, which refers to a user who has been notified of infringing activity more than twice or has had infringing User Content removed from the Service more than twice.
We take privacy seriously, and we want you to know what information we are collecting from you and how we are using it. Please read our privacy policy (the “Privacy Policy”) carefully. The Privacy Policy is incorporated into these Terms as part of our agreement.
Additionally, we may notify you of additional requirements that you need to follow when using the Service, including the License (the “Additional Policies”). These requirements could be things like acceptable use policies or community guidelines. Any Additional Policies that we post on or link to the Service are incorporated into these Terms as part of our agreement.
We may, at times, make changes to these Terms on 7 days’ notice. If and when we do, we will make reasonable efforts to notify you of the changes. We may provide these notices through a pop-up banner, by sending an email to an email address associated with your account on the Service, or in some other way, and we will let you know when the new version of these Terms will go into effect. If you don’t accept the new Terms that we are proposing, we may cancel your account immediately and terminate your access to the Service. If we have any disputes regarding the Service, they will be resolved in accordance with the version of these Terms that was in effect when the dispute arose.
We own and operate the Service. All of the software, visual interfaces, graphics, designs, information, compilation of Photos, and all other elements of the Service (the “Materials”) that we provide are protected by intellectual property and other laws. We or our licensors own all of the Materials contained in the Service and you cannot use the Materials except as you are specifically permitted under these Terms.
You are responsible for your use of the Service. You agree to defend and indemnify us, including our directors, officers, employees, consultants, affiliates, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with (i) your access to or use of the Service; (ii) your violation of these Terms or any law or regulation; (iii) your violation of anyone’s rights, including intellectual property rights; or (iv) any disputes between you and a third party. If you do have to defend us, we will have the right to assume exclusive control of the matter (without limiting your indemnification responsibilities) and, if that happens, you will cooperate with our defense of the claim.
We provide the Service, and all content that’s available through the Service, on an “as-is” and “as available” basis, without any warranty of any kind, either express or implied. To the maximum extent permitted by applicable law, we specifically disclaim all warranties of any kind, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, and any warranties arising out of the course of dealing, usage, or trade. We do not guarantee or warrant that the Service will be uninterrupted, secure, or free of errors or harmful components, or that we will fix any errors or harmful components.
Except as provided in Section 16 below, you use the Service at your own risk and assume all risk for any damages that result from your use of or access to the Service, your interactions with other Service users, and any content available through the Service. Your use of the Service and use, access, download, or otherwise obtain materials or content through the Service and any associated sites or services at your own discretion and risk, and you will be solely responsible for any damage to your property (including your mobile device used in connection with the Service) or loss of data that results from the use of the Service or the download or use of the content.
The law in some places prohibits a disclaimer of warranties and you may have other rights that may vary depending on where you reside. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. In the United Kingdom and the European Union, this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; or for our obligation to perform the Service with reasonable care and skill or failure to perform the Service in accordance with information provided about us or the Service.
To the maximum extent permitted by applicable law, we will not be liable to you for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your access to or use (or inability to use) the Service or any content on the Service, whether based on warranty, contract, tort (including negligence), statute, or other legal theory, whether or not we have been informed of the possibility of the damages.
Except as explicitly provided in Section 18, our maximum aggregate liability to you for any and all claims arising out of or relating to your access to or use (or inability to use) the Service or any content available through the Service, whether based on contract, tort (including negligence), statute, or other legal theory is limited to US$100.
The law in some places does not allow the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the above limitation may not apply to you.
Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these Terms between the you and us. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in this Section 16 will apply even if any limited remedy fails of its essential purpose.
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at contact@neurascapes.com.