General Terms of Service
Last modified September 1st 2014
Thanks for using our products and services (“Services”). The Services are provided by Brainware LLC, California, USA ("we", "us", "our").
Using our services
By using our products or services ("Services"), you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing these Services.
Our Services display some content that is not Brainware LLC's. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Account
You may need an account in order to use some of our Services. This can be a dedicated account or can be linked to a Google Account. You are responsible for the activity that happens on or through your account. Please take all reasonable precautions to keep your password safe. If you learn of any unauthorized use of your password or account, please contact us at info@worldtides.info.
Privacy and Copyright Protection
Our privacy policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that we can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to relevant law. If you think somebody is violating your copyrights and want to notify us, please contact us at info@worldtides.info.
Your Content in our Services
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give us (and those we work with) a worldwide license to do anything that is necessary to make use of the content for the Services except distribute it to other end-users unless you specifically allow this as well. This license continues even if you stop using our Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Brainware LLC gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by us. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Warranties, Disclaimers & Liability
We provide our Services to the best of our ability, but there are certain things that we don’t promise about our Services.
Other than as expressly set out in these terms or additional terms, neither Brainware LLC nor its suppliers or distributors make any specific promises about the services. For example, we don’t make any commitments about the content within the services, the specific functions of the services, or their reliability, availability, or ability to meet your needs. We provide the services “as is”. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
When permitted by law we and our suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. To the extent permitted by law, the total liability of us, and our suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if we choose, to supplying you the services again). In all cases we and our suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Brainware LLC and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service at our discretion. We’ll post notice of modifications to these terms on this page and if possible in the affected Services. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
The laws of the United States of America will apply to any disputes arising out of or relating to these terms or the Services. If it turns out that a particular term is not enforceable, this will not affect any other terms.