"MindFeedback", "MindFeedback Music", "RT-ISMF" and "Real-time Indeterminate Synthetic Music Feedback",
hereafter referred to as RT-ISMF, are trademarks of publishing house Elmtree & Waters Publishing,
based in The Hague, the Netherlands, hereinafter referred to as distributor:
Elmtree & Waters Publishing
Registered at the Chamber of Commerce in The Hague, The Netherlands under number 27169008
Elmtree & Waters Publishing (the distributor) has an exclusive license for worldwide distribution of RT-ISMF,
under contract with the copyright holder of RT-ISMF music and patent/copyright holder of RT-ISMF technologies.
You, hereinafter referred to as the user, declares to accept the agreement as mentioned below, and to comply with this now and in the future:
Article 1. Object.
This user agreement contains the terms and conditions applicable to the use of the information and services offered by the distributor. These services include the provision of digital access to so-called RT-ISMF nodes to the user by the distributor through the website of the distributor, and enabling the user through these RT-ISMF nodes to listen to the music produced by these RT-ISMF nodes (the "ISMF services"). The user of the website and of the services offered by the distributor agrees to the terms of this user agreement.
The distributor reserves the right to change these terms at any time. The amended user agreement will be announced on the website of the distributor, and will automatically be effective thirty days after the initial publication.
Brief summary of Article 2.
The user declares not to make recordings of RT-ISMF music through any medium in any way.
Recordings include audio recordings, video recordings, but also written notations of the music generated by RT-ISMF systems.
The user agrees not to distribute RT-ISMF music through audio or television broadcasts, podcasts, and internet radio or in any other way.
The user agrees not to transmit RT-ISMF music through telephone or digital connections, covering all VOIP (voice over IP) connections,
such as Skype.
THE USER DECLARES NOT TO COPY THE RT-ISMF SYSTEM (REVERSE ENGINEERING) NOW AND IN THE FUTURE AND/OR NOT TO WANT TO DESIGN SUCH A SYSTEM.
Article 2. Intellectual property, copyright and music rights.
The user explicitly acknowledges that the information provided on the website (text, graphics, software, scripts, music, etc.) is and remain the property of the distributor, and if applicable, is and remain the property of the copyright holder.
Nothing on the website and the information accessible via the website, including explicitly also the audio and data streams,
may be used for reproduction, adaptation, distribution, sale, publication and/or commercial purposes without the prior written
consent of the distributor. It is also forbidden to store this information electronically or to use it for illegal purposes.
Storing information from the website in a database is not permitted, except for the automatic caching of information through a browser.
These provisions relate to each domain and each subdomain of mindfeedback.org and all the websites that link to mindfeedback.org
and/or link to mindfeedback.org using a 'frame,' and/or having included mindfeedback.org as hyperlink in a web page.
THE USER DECLARES TO BE AWARE THAT THERE ARE COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS ON RT-ISMF MUSIC.
THE USER DECLARES TO RESPECT THESE RIGHTS AT ALL TIMES (AT THE TIME OF SIGNING AND AT THE TIME TEHREAFTER),
SO EVEN AFTER THE DELIVERY OF RT-ISMF MUSIC IS DISCONTINUED. THE USER DECLARES NOT TO MAKE RECORDINGS OF RT-ISMF MUSIC
(THROUGH ANY MEDIUM, NOT EVEN IN A WRITTEN WAY) AND NOT TO DISTRIBUTE THE RT-ISMF MUSIC FURTHER (IN ANY WAY).
THE USER DECLARES NOT TO USE RT-ISMF IN THE PUBLIC SPACE.
The user declares not to make recordings of RT-ISMF music through any medium in any way. Recordings include audio recordings, video recordings, but also written notations of the music generated by RT-ISMF systems.
The user agrees not to distribute RT-ISMF music through audio or television broadcasts, podcasts, and internet radio or in any other way.
The user agrees not to transmit RT-ISMF music through telephone or digital connections, covering all VOIP (voice over IP) connections, such as Skype.
When it appears that the user creates recordings of RT-ISMF music or spreads RT-ISMF without permission from the distributor, the user is immediately and permanently cut off from all RT-ISMF nodes without refund of monies. In addition, the user can be prosecuted in this case. All costs arising from criminal prosecution and/or possible damage caused to the RT-ISMF distributor, developers, copyright holder, and RT-ISMF users will be taken out of the user in this case.
The user will get a fine of Euro 10.000,- for each day on which he/she spreads RT-ISMF music, or RT-ISMF music is distributed in any form whatsoever by his/her fault, up to the day this distribution is discontinued by a user action or a court action. All costs, including court costs, arising from the abuse of one or more RT-ISMF nodes will be taken out of the user.
The user declares that he/she will not publish , multiply or store in automated data storage systems (databases), or in any other form, all documents, image and audio materials made available by the distributor both in paper and electronically (including the documents that are made available to the user as registered RT-ISMF user through the website or websites of RT-ISMF). Unless otherwise indicated on the documents or material itself, it applies to all documents and materials that they are made available to the user confidentially and personally.
THE USER DECLARES NOT TO COPY THE RT-ISMF SYSTEM (REVERSE ENGINEERING) NOW AND IN THE FUTURE AND/OR NOT TO WANT TO DESIGN SUCH A SYSTEM. THE USER DECLARES NOT TO USE OR TO STUDY RT-ISMF FOR CORPORATE ESPIONAGE. IF THE USER IS INVOLVED DIRECTLY OR INDIRECTLY, OR HAS BEEN, IN ANY KIND OF CORPORATE ESPIONAGE OR THEFT WITH RESPECT TO RT-ISMF TECHNOLOGY, A REPORT FOR PROSECUTION WILL BE DONE AND HELD LIABLE FOR DAMAGES AND ANY DAMAGE WILL BE TAKEN OUT OF THE USER AS PERSON, COMPANY OR INSTITUTE. THIS ALSO INCLUDES THE DAMAGE THE USER HAS CAUSED TO OTHER RT-ISMF USERS, RESEARCHERS, AND/OR RESEARCH.
Article 3. Disclaimer statement.
The user indemnifies the copyright holder, distributor, developers, patent holders and all other persons involved in the delivery and support of the RT-ISMF services (the "released parties") from any claims of third parties related to this agreement and/or use of the RT-ISMF technology and the RT-ISMF services by the user (worldwide). The indemnification also covers all damages and costs that an indemnified party may suffer or incur related to such a claim, including material, financial, physical, psychological and health damage.
The user agrees to be aware that no title or occupation rights may be derived from the fact that he/she uses RT-ISMF technology or services in his/her work.
THE USER DECLARES TO BE AWARE THAT RT-ISMF IS IN PRINCIPLE AN ARTISTIC PRODUCT WITH THE INTENTION TO STIMULATE THE INNER IMAGINATION. The user declares that he/she as provider of RT-ISMF to his/her clientele is responsible and liable for the explanation he/she gives to RT-ISMF, and liable for any harmful influence that RT-ISMF can possibly have on himself/herself, his/her staff and/or his/her clientele. For example, when you say that you use RT-ISMF for psychological intervention, you are responsible for this use and the effects. When using RT-ISMF for scientific research, you are responsible for any damage to participants occurring in such research.
THE USER DECLARES THAT RT-ISMF MUSIC IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPLICIT OR IMPLICIT, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK WITH RESPECT TO THE QUALITY AND PERFORMANCE OF RT-ISMF SYSTEMS FOR A PARTICULAR PURPOSE IS AT THE USER OF RT-ISMF. SHOULD RT-ISMF PROVE UNFIT FOR THE PURPOSE FOR WHICH THE USER USES OR WANTS TO USE RT-ISMF, ALL COSTS ARISING ARE AT THE USERÕS EXPENSE.
IN NO EVENT, UNLESS REQUIRED BY THE APPLICABLE LAW OR WHEN AGREED OTHERWISE IN WRITING, THE COPYRIGHT HOLDER, AND/OR THE DISTRIBUTOR OF RT-ISMF, AND/OR EMPLOYEES INVOLVED IN THE DEVELOPMENT, DISTRIBUTION AND TECHNICAL SUPPORT OF RT-ISMF, WILL BE HELD RESPONSIBLE FOR DAMAGES BY THE USER, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE RT-ISMF MUSIC AND/OR RT-ISMF SYSTEMS (INCLUDING, BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES), EVEN WHEN THE COPYRIGHT HOLDER OF RT-ISMF, THE DISTRIBUTOR OF RT-ISMF AND/OR EMPLOYEES INVOLVED IN RT-ISMF ARE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
The distributor cannot be held responsible for errors or omissions in the information as listed on the website and/or the services provided. This applies to information placed on the website by the distributor as well as information from staff working for the distributor as well as information from other users.
Inaccuracies or omissions on the website and/or services provided do not give entitlement to financial compensation. The distributor is not responsible towards users or third parties for any direct, indirect and/or incidental damages, lost profits or for any damage caused by his/her negligence or omissions in gathering, compiling, editing, writing and/or interpreting information possibly sustained.
The distributor explicitly offers the website and services provided "as is." The distributor cannot be held responsible for the (temporary) failure or malfunction of the system. The distributor cannot be held responsible or liable for the possible failure of the services provided by the distributor. Subcontractors of the distributor can also not be held responsible or liable for defects in or the failure of the services provided.
The distributor is not responsible for links to sites operated by third parties. The distributor has no control over the aforementioned websites and accepts no liability for its contents. The inclusion of links to these websites does not mean that the distributor approves the elements that these sites contain and does not necessarily imply a partnership between the distributor and the owners of these sites.
Users are advised to install a proper anti-virus program on his/her computer. The distributor is not responsible for any material or financial damage, or loss of data caused by viruses or caused by the website and services of the distributor otherwise. The distributor cannot guarantee that files, emails or any internet transaction whatsoever are virus free and/or safe.
The information on the website as well as the services provided are subject to change periodically. The distributor reserves the right to make improvements and/or changes to the website, and/or make improvements and/or changes to the services provided.
Article 4. Purchase of services.
The user pays the agreed amount as billed to the user by the distributor. Commencement and extension of the services provided are established after the invoiced amount is received by the distributor. Price changes are always possible, but not settled in the meantime. After the distributor has received the amount billed, refunds are not allowed in any way and for any reason, unless the law determines otherwise.
The user is aware and agrees that he/she has no property rights to and with respect to the purchased goods and/or services bought by the distributor that are required for the services provided.
The use of the services and website of the distributor and listening to the music generated by RT-ISMF nodes is only allowed for the user who has signed this agreement. For digital access to RT-ISMF nodes via the website of the distributor, the user receives a password that is linked to his/her email address. This password cannot be provided to third parties. The user declares that he/she will not pass on his/her username and password combination to third parties and to keep this combination safe. The user declares to be responsible for loss or theft of his/her password and any resulting damage to the user and/or distributor. In case of theft or loss, the user will immediately inform the distributor. If the user wishes, the distributor can provide a new password within a reasonable time. When requesting a new password, a fee can be charged.
The user declares to listen to RT-ISMF on oneÕs own or to let his/her clientele listen to RT-ISMF in his/her presence. Using RT-ISMF in another way or allowing the use by third parties is not allowed.
Article 5. Privacy Regulations.
The distributor collects personal information (email address, password, IP address and user statistics) that is necessary to ensure optimal functioning of the website and services provided. This information can be used by the distributor for sending messages to the user. However, the distributor undertakes to never release this information to third parties without the explicit consent of the user.
The distributor also collects information in log files and databases. This information is used for internal purposes to improve the services provided. In addition, this information may be used for scientific research, only in an anonymous way, unless the user notifies in writing to not grant permission for this.
Changes to these privacy regulations are possible at any time, but will be communicated to the user via a targeted email to the user and/or the website of the distributor.
All data provided by the user to the distributor may, if the user wishes, be corrected and/or removed within a reasonable time without charge.
Article 6. Evidence and applicable law.
This user agreement and the use of RT-ISMF is exclusively subject to Dutch law. The parties accept that the electronic communication between them both has legal force as written evidence.
All disputes arising in connection with this agreement, including disputes concerning the existence and validity thereof, shall be settled by the court in The Hague.
The user declares to have read carefully and understood the above agreement. The user declares to agree with the above agreement, and to comply with this now and in the future.