Terms of service

SECTION 1: DESCRIPTION OF THE EMOTIONSDEMO PORTAL

1.1. Emotionsdemo is an original demo portal, fully owned and managed by Neurodata Lab LLC ("Neurodata Lab LLC," "we," or "us"), that enables users to access, view, upload, process, save and store video samples through its website located at emotionsdemo.com and other Neurodata Lab-operated sites and/or mobile applications.

1.2. By accessing and/or using the Emotionsdemo, without being logged into Emotionsdemo Account, You will be hereinafter a “Visitor.” As a Visitor, You will only have the ability to access, choose and view previously embedded demo videos available on the Emotionsdemo, but will not be able to benefit from all the other features available on the Emotionsdemo. An “Emotionsdemo User Account” means the video content upload and storage space on the Emotionsdemo that can be created by signing up for an Emotionsdemo Account via www.emotionsdemo.com.

1.3. If You want to be able to upload and process videos and access some other features of the Emotionsdemo, You will need to first create an Emotionsdemo Account and have your email address validated. You will then be a “User”, being though agreed that after having created Your Emotionsdemo Account and until You have validated Your email address according to the process defined below, You will be a “Visitor” and will not be able to upload videos or access the other features of the Emotionsdemo.

1.4. Information provided by You to create Your Emotionsdemo Account must be accurate and complete. In order for Emotionsdemo to verify that the email address You provided is valid, You will receive an email from Emotionsdemo asking You to validate Your email address.

1.5. By creating an Emotionsdemo Account, You agree that You alone will be responsible (to Emotionsdemo and to others) for all activity that occurs under Your Emotionsdemo Account. The user id and password which are necessary to access the Emotionsdemo Account and the features associated with it are Your sole responsibility and it is Your obligation to keep them confidential.

1.6. If You are a User, You may notably upload video files (that must be compliant with these Terms and technical requirements of the service) on the Emotionsdemo, and eventually have a name or nickname that will be associated with Your Emotionsdemo Account. Any and all samples uploaded by You on the Emotionsdemo are deemed to be “Your Content” for demo purposes only.

1.7. Neurodata Lab LLC has a full access to all user accounts and videos uploaded, processed and stored on the website, in any time without limitation.

1.8. Neurodata Lab LLC can generate overall statistics of website’s use for internal research and analytics purposes.

SECTION 2: ACCEPTANCE OF THESE TERMS

2.1. Whether You are a Visitor or a User, either an individual or a single entity ("You" or "Your" as applicable), You signify Your express and unconditional agreement to: (1) these terms and conditions, (2) all other policies of Emotionsdemo, including but not limited to the Emotionsdemo privacy and cookie policies, as accessible at any time from the homepage of the Emotionsdemo website, and incorporated herein by reference, (all collectively, the “Terms”). You may not use the Emotionsdemo if You do not accept any of the Terms. You understand and agree that Emotionsdemo will treat Your use of the Emotionsdemo as acceptance of the Terms from that point onwards.

2.2. These Terms form a legally binding agreement between You and Neurodata Lab LLC in relation to Your use of the Emotionsdemo. Any reference to “Emotionsdemo” in these Terms or any other policies of Emotionsdemo will then always refer to “Neurodata Lab LLC” whose details are provided here.

2.3. Emotionsdemo may, in its sole discretion, modify these Terms from time to time, and You agree to be bound by such modifications. Although we may attempt to notify You when major changes are made to these Terms, You should periodically review the most up-to-date version which shall always be accessible from the homepage of the Emotionsdemo website. If You do not agree to the modified Terms, Your only recourse is to stop using the Emotionsdemo website. Your continued use of the Emotionsdemo after the date the modified Terms are posted will constitute Your acceptance of the modified Terms.

2.4. You shall not use the Emotionsdemo if (a) You are not of legal age to form a binding contract with Neurodata Lab LLC, or (b) You are a person who is either barred or otherwise legally prohibited from receiving or using the Emotionsdemo under the laws of the country in which You are resident or from which You access or use the Emotionsdemo.

2.5. If You are not an individual, You represent to Neurodata Lab LLC that You have all necessary corporate or equivalent authority and power to agree to the Terms which You agree shall be binding on the corporation, partnership, association or other entity in whose name You using or accessing the Emotionsdemo.

SECTION 3: YOUR INTELLECTUAL PROPERTY RIGHTS

3.1. For the entire period during which Your Content (video samples and private webcam records) is hosted on the Emotionsdemo, You grant to Neurodata Lab LLC only, and transferable to its affiliates, the non-exclusive, limited, worldwide, royalty-free license and rights to copy, transmit, reproduce, publicly perform and display, process, analyze, store, exploit, exhibit, show, market, distribute and to technically modify and compress Your Content as is strictly necessary for the purposes of general affective research, and to make derivative works from your video for the purpose of (1) displaying the video within the Emotionsdemo; (2) displaying the video on corporate websites, (3) promoting the Emotionsdemo and Neurodata Lab LLC’s multimodal emotion recognition technology; and (4) archiving or preserving the video for disputes, legal proceedings, or investigations.

3.2. Despite this allowance granted to Neurodata Lab LLC, Your Content shall always remain Your property. You are responsible for taking all appropriate steps to protect Your data, where applicable.

3.3. The above license will continue unless and until you ask formally to remove your videos from the Emotionsdemo, in which case the license will terminate within a reasonable period of time (48h max). Notwithstanding the foregoing, the license for research, legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that Emotionsdemo has no control over such caching.

3.4. As between you and Neurodata Lab LLC, you own all non-video content that you submit to the Emotionsdemo. You grant Neurodata Lab LLC and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display, and make derivative works from your non-video content. In addition, you waive any so-called "moral rights" in your non-video content. If you make suggestions to Neurodata Lab LLC on improving or adding new features to the Emotionsdemo, Neurodata Lab LLC shall have the right to use your suggestions without any compensation to you.

SECTION 4: OUR INTELLECTUAL PROPERTY RIGHTS

4.1. We grant You a personal, non-exclusive, non-transferable and revocable right to access and use the Emotionsdemo, which right is conditioned on Your compliance with the Terms.

4.2. The content included on or accessible through the Emotionsdemo, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data collected from the Emotionsdemo, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “Emotionsdemo Content”), is the exclusive property of Neurodata Lab LLC and its licensors, and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations.

4.3. Emotionsdemo Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Neurodata Lab LLC or its licensors. You agree to not use or exploit the Emotionsdemo Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Emotionsdemo Content.

4.4. All rights not expressly granted in the Terms are reserved to Neurodata Lab LLC and its licensors.

SECTION 5: CONTENT RESTRICTIONS AND LIABILITY

5.1. You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:

  • Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
  • Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
  • Exploits minors;
  • Depicts unlawful acts or extreme violence;
  • Depicts animal cruelty or extreme violence towards animals;
  • Promotes fraudulent or dubious business schemes; or
  • Violates any law.

5.2. By uploading videos, data, and/or text to or through the Emotionsdemo, You warrant that You are not uploading any infringing material and expressly warrant that You have all necessary rights and/or authorizations from the copyright owner(s) and have paid any royalties or other fees pursuant to any licenses or permissions needed to upload Your Content on the Emotionsdemo.

5.3. Neurodata Lab LLC reserves the right to decide in its sole discretion whether Your Content, Your Emotionsdemo Account and/or Your use of the Emotionsdemo violates these Terms for any reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Failure to comply with these Terms may result in (1) Your Content being removed and/or (2) Your Emotionsdemo Account being deactivated and/or (3) your use of the embeddable Emotionsdemo video player being blocked and/or (4) any elements or data related to Your Content or to Your Emotionsdemo Account being modified or removed (i.e. allegedly infringing username, metadata considered inappropriate, etc.) from the Emotionsdemo, without prior notice. In addition, Neurodata Lab LLC reserves the right to report any violation of these provisions to applicable legal authorities and You may be personally liable to criminal sanctions applicable to the content in question (fines and imprisonment), in addition to any applicable civil damages.

5.4. You agree that Your use of the Emotionsdemo shall be at your sole risk and liability. In this regard, You are solely responsible for (1) Your use of the Emotionsdemo and more specifically for Your Content, and (2) the protection of its computer hardware against any virus or interruption.

5.5. You acknowledge and agree that the Emotionsdemo, in whole or in part, on and through which Your Content will be distributed is provided “AS IS” without warranty, provided that Emotionsdemo may enhance, modify and update the Emotionsdemo at its sole discretion. For the sake of clarity, You shall not be entitled to request any modification to the Emotionsdemo.

5.6. Neurodata Lab LLC shall not be held responsible in any case for (1) any malfunctions, inherent of the nature of the Internet, in the access and/or the use of the Emotionsdemo, (2) or any default of its obligations caused by force majeure or an unintentional cause. Unless otherwise stated herein, Neurodata Lab LLC does not grant You any guarantee of any kind, whether expressly or implicitly, in any area, including and in particular any guarantee of fitness for a particular purpose.

5.7. Nothing herein shall exclude or limit Neurodata Lab LLC's liability for losses which may not be lawfully excluded or limited by applicable law. Subject to this overall provision above, Neurodata Lab LLC shall not be liable for: (a) any indirect or consequential losses which may be incurred by You. This shall include; (1) any loss of profit (whether incurred directly or indirectly); (2) any loss of goodwill or business reputation; (3) any loss of opportunity; or (4) any loss of data suffered; (b) any loss or damage which may be incurred as a result of: (1) any changes which Neurodata Lab LLC may make to the Emotionsdemo, or for any permanent or temporary cessation in the provision of the Emotionsdemo (or any of its features); (2) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the Emotionsdemo; (3) Your failure to provide Neurodata Lab LLC with accurate account information; (4) Your failure to keep Your password or your accounts details secure and confidential.

5.8. The limitations on Neurodata Lab LLC's liability defined in this section shall apply whether or not Neurodata Lab LLC has been advised of or should have been aware of the possibility of any such losses arising. Some jurisdictions limit or do not allow the disclaimer of warranties or damages so the above disclaimer may not apply to the extent such jurisdiction's law applies to these Terms.

5.9. You agree not to alter or modify any part of the Emotionsdemo (including but not limited to the Emotionsdemo video player and its related technologies). You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Emotionsdemo.

5.10. You agree not to access content hosted on the Emotionsdemo for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Emotionsdemo, and solely for demonstration purposes.

SECTION 6: DATA AND PRIVACY

6.1. The records of Emotionsdemo are stored on our systems in accordance with standard safety practices and applicable laws. The Emotionsdemo records shall be considered proof of emails exchanged, registration forms sent, videos uploaded, and other activity within the Emotionsdemo, being agreed that, in the event of a discrepancy between our records and any paper or electronic documents in Your possession, our records shall be authoritative and controlling.

6.2. Emotionsdemo takes very seriously Your privacy and the protection of Your personal data, collected and processed in connection with Your use of the Emotionsdemo. If You want to find out more about the personal data collected, how we collect them and the related processes, You can check our Privacy Policy available at any time on the Emotionsdemo website.

SECTION 7: MISCELLANEOUS

7.1. You acknowledge and agree that the Terms will continue to be enforceable for as long as You use the Emotionsdemo or any of its features, whether or not if you are a Visitor or a User.

7.2. Any obligations which expressly or by their nature are to continue after termination, cancellation, or expiration of the Terms shall survive and remain in effect after such happening.

7.3. These Terms shall be governed by the laws of the State of Florida, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

7.4. If you reside in a country of the European Union or UK, you agree that any dispute between You and Neurodata Lab LLC arising out of or relating in any way to these Terms or Your use of the Emotionsdemo shall be interpreted in accordance with US laws, without reference to its conflicts of laws, and notwithstanding multiple defendants or third-party claims. You also agree that any claim or dispute between You and Neurodata Lab LLC shall be decided by a court of competent jurisdiction located in Florida, US.

7.5. These Terms constitute the entire agreement between Neurodata Lab LLC and You with respect to the Emotionsdemo and shall supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and Neurodata Lab LLC with respect to the Emotionsdemo.

7.6. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and record originally generated and maintained in printed form.

7.7. You agree that Neurodata Lab LLC may provide You with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Emotionsdemo.

7.8. If one or more provision of the Terms is considered to be invalid as such or as a result of the application of a law, regulation, or the decision of a competent body having jurisdiction, it will be treated as not forming part of the Terms and all other conditions of these Terms will remain in force.

7.9. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

SECTION 8: PRIVACY POLICY

8.1. This Privacy Policy covers Neurodata Lab LLC and its subsidiaries (collectively, "Neurodata Lab," "we" "us" or "our").

8.2. By registering for, downloading, or using our services, you accept this Privacy Policy, which is part of our Terms of Service. We may modify this Privacy Policy from time to time. If we change the Privacy Policy in a way that materially lessens our commitments to you, we will provide notice to registered users by email or other acceptable methods.

8.3. We do not knowingly collect information of persons who are under the minimum required ages specified herein. Residents of the European Union must be at least 16. Persons outside of the EU must be at least 13. Persons who are under 18 must obtain parental consent to use our services.

8.4. We collect information about you when you use Emotionsdemo. Collected information may include or reflect personal information that could identify you, as well as non-personal information. We refer to your information as "your data" for short.

Account Information
To create an account, you must provide a valid email address and password. If you choose to sign-up and/or authenticate using a third-party account (e.g., Facebook, Twitter), you authorize us to obtain account information from the third-party platform.

Content
Accountholders may create a profile and upload content such as videos, audio, text. Your profile does not display information about you and your activities. This information cannot be accessed by others. Your videos cannot be viewed and otherwise accessed by other users, and associated metadata (e.g., titles, descriptions, tags, etc.) are not viewable by others.

Automatically-Collected Information
We automatically collect certain types of data when you use our services, regardless of whether you have an account. This data includes your IP address, technical information about your device (e.g., browser type, operating system, basic device information), the web page you visited or search query you entered before reaching us, and your activities. We may track your activities using cookies and similar technologies. By using our services, you agree to our use of these methods as set forth in our Cookie Policy.

8.5. We may use your data for the following purposes:

  • Identification and authentication: we use your data to verify you when you access your account.
  • Operating our services: we use your data to provide our services, process data, provide support, and to otherwise comply with our contractual obligations to you.
  • Communicating with you: we use your data when we communicate with you (e.g., when we respond to a user support or other inquiry).
  • Improving our services: we use your data to understand how our services are being used and how we can improve them. In general, we analyze aggregated data, rather than specific user data. We may, however, need to analyze a specific case to address a specific problem (e.g., a bug that affects only a few accounts).
  • Customizing your experience: we use your data to personalize the service to you. This may include remembering your preferences for language or volume or displaying videos that you might enjoy, based upon your viewing choices.
  • Exercising our rights: where reasonably necessary, we use your data to exercise our legal rights and prevent abuse of our service. For example, we may use your data to detect and prevent fraud, spam, or content that violates our Terms of Service.
  • Legal compliance: we use your data where we are legally required to do so. For example, we may need to gather your data to respond to a subpoena or court order.
  • Protecting your information: where appropriate, we may anonymize, backup, and delete certain data.
  • We may use algorithms and other automated means to implement any of the above.

8.6. We do not share your data with third parties because of Emotionsdemo nature as a demonstration portal only.

8.7. We may disclose your data in response to official requests (e.g., court orders, subpoenas, search warrants, national security requests, etc.) ("requests") that we receive from government authorities or parties to legal proceedings.

We handle US requests in accordance with US law. If the request originates from a foreign jurisdiction, we will typically disclose information where we in good faith believe that disclosure is permitted by both US law and local law. In all cases, we may raise or waive any legal objection or right available to us, in our sole discretion.

We may disclose user data where we reasonably believe that someone's life is at risk. For example, if we become aware of a person threatening to commit suicide, we may share that person's data with appropriate entities that may have the ability to help.

We may disclose user data to report suspected crimes. We report content suspected of exploiting minors to the National Center for Missing and Exploited Children (NCMEC) along with the data identifying the uploading user.

We may disclose user data in situations involving legal claims against us or one of our users. If you submit a Digital Millennium Copyright Act (DMCA) or other takedown notice, we may share that notice with the affected user. If you challenge such a notice, we may share your response with the complainant.

We may share your data with potential transaction partners, advisors, and others in the event our company is, in whole or part, acquired by a third party. In such case, we will use reasonable efforts to require the acquiring entity to comply with this Privacy Policy.

8.8. We retain your data for as long as you have an account. When you close an account, we will delete its content, including its videos. We may retain logs of automatically collected information (for internal analytics); your email address; communications with you etc. When we no longer have a reason for retaining data, we will delete or anonymize it.

We retain deleted videos on our servers for a reasonable period (1 year) in case you wish to reverse deletion. Once we delete a video, we may not be able to recover it. If you have previously made a video public, the video or its thumbnail may be discoverable in a search engine's cache for a time. We have no control over search engines; however, we will, upon request, send a request for deletion to major search engines.

If we receive legal process pertaining to your account, we will retain your data for as long as we in good faith believe is necessary to comply with the legal process. Similarly, if we believe that your account has been involved in wrongdoing, we may preserve your data to defend or assert our rights.

8.9. By creating an account, you consent to receive information emails from us. This includes newsletters, alerts and notifications. Users from certain countries may have the ability to opt out or opt in at the time of account creation. All users may decline to receive information messages in their account settings. Please note that any opt-out request may take several days to process, and you will continue to receive emails from us.

8.10. We use physical, technical, and organizational security measures to safeguard your data from unauthorized or accidental disclosure. Despite these efforts, no information system can be 100% secure, so we cannot guarantee the absolute security of your information. Users also have a role to play in keeping their data safe. We encourage you to use a unique and hard-to-guess password for your account and to not share it with others. You should only grant access rights to people who you know and trust, and, even then, you should be careful in granting all access rights. You should monitor your account regularly. If you believe that someone has gained access to your account without your permission, please contact us immediately so that we can investigate.

8.11. Location of Data Neurodata Lab LLC is based in the United States. We provide services globally using computer systems, servers, and databases located in the US and other countries. When you use our services from outside of the US, your information will be transferred to, stored in, and processed in the US and other countries. Please note that US data and privacy laws may not be as comprehensive as those in your country. Residents of certain countries may be subject to additional protections as set forth below.

8.12. GDPR (EEA Users) This Section applies only to natural persons residing in the European Union or UK (for the purpose of this section only, "you" or "your" shall be limited accordingly). It is Neurodata Lab LLC's policy to comply with the EU's General Data Protection Regulation (GDPR). In accordance with the GDPR, we may transfer your personal information from your home country to the US (or other countries) based upon the following legal frameworks:

  • Legitimate business interests: we could not provide our services or comply with our obligations to you without transferring your personal information to the US.
  • Consent: we may transfer your personal information when we receive your express, revocable consent.

Our use of Standard Contractual Clauses (also known as "Model Clauses") where appropriate. The EU-US and Swiss-US Privacy Shield frameworks, as described further below. You have the right to: opt out of non-essential cookies (see our Cookie Policy); access, correct, delete, restrict, or object to our use of your personal information; be forgotten; port your data; and withdraw consents. We enable exercise of these rights primarily through our services (which we reserve the right to modify). For example, we allow users to change their information, download their videos, and close their accounts. We also fulfil our obligations in response to direct requests. We will endeavor to process requests within one month. Please note that we may not be able to comply with requests to the extent that they would cause us to violate any law or infringe any other person's rights. We reserve the right to request appropriate identification. We will process requests free of charge unless they would impose an unreasonable cost on us.

We are committed to working with you to obtain a fair resolution of any issue. You also have the right to file a complaint with the supervisory data protection authority of your jurisdiction.

8.13. Privacy Shield (EU and Swiss Users)

This Section applies only to natural persons residing in the European Union and Switzerland (for the purpose of this section only, "you" or "your" shall be limited accordingly). Neurodata Lab LLC complies with the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework (collectively, "Privacy Shield") regarding the collection, use, and retention of personal information transferred from the EU to the US.

Neurodata Lab LLC adheres to the Privacy Shield principles of notice, choice, onward transfer, security, data integrity, access, and enforcement (the "Privacy Shield Principles"). Neurodata Lab LLC has established policies and procedures to ensure compliance with the Privacy Shield Principles and will conduct an annual internal assessment to ensure such compliance. If there is any conflict between the terms of this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, please visit https://www.privacyshield.gov. By making this certification, Neurodata Lab LLC is subject to the investigatory and enforcement powers of the US Federal Trade Commission (FTC).

In accordance with Privacy Shield Principles, Neurodata Lab LLC commits to resolve complaints about our collection or use of your personal information. If you have inquiries or complaints regarding our Privacy Shield policy, you should first contact Neurodata Lab LLC at the address listed below.

If you have an unresolved complaint after contacting Neurodata Lab LLC, you may elect to arbitrate your Privacy Shield claims against Neurodata Lab LLC pursuant to Annex I of the Privacy Shield Principles, which provides for binding arbitration administered by the American Arbitration Association. Such arbitration will be binding upon you and Neurodata Lab LLC.

8.14. For any questions, inquiries, or complaints relating to your privacy, please contact us at:
Neurodata Lab LLC
4770 Biscayne Boulevard, Suite 1280
33137 Miami (Fl), US
Attention: Chief Operating Officer (COO), Chief Technology Officer (CTO)
Email: info@neurodatalab.com