Terms of Service

1. 1. Intellectual Property Ownership; Usage License
2. 2. User Responsibility and Representations
3. 3. Restrictions
4. 4. User Submissions
5. 5. Feeds
6. 6. Other Sites
7. 7. Trademarks & Copyrightsr
8. 8. No Warranty;Limitation of Liability
9. 9. Indemnification
10. 10. Waiver and Release
11. 11. Miscellaneous

IWILAB, Inc. (“IWILAB” or “BURU”) welcomes you to its online website (collectively, including all content, services and functionality available through the www.BURU.com domain name, the “BURU Site” or “Site”). By accessing or using the services offered by BURU (collectively, the "Services") you expressly agree and acknowledge to be bound by (a) these Terms of Service ("Terms"), (b) BURU’s Copyright Dispute Policy (accessible at http://www.buru.com/info/copyright_policy), and (c) BURU’s Privacy Policy (accessible at http://www.buru.com/privacy_policy). If you do not agree to these Terms, the Copyright Dispute Policy or the Privacy Policy, please do not access the Site or use the Services, and you do not have our authorization to use any of the Services. BURU reserves the right to change these Terms at any time, at BURU’s sole discretion. Any such modification shall be effective immediately upon either posting of the modified agreement or notifying you. We recommend that you periodically check this Site for changes.

1. Intellectual Property Ownership; Usage License

(a) Intellectual Property Ownership . The Service is proprietary to BURU and is protected by intellectual property laws and international intellectual property treaties. The entire contents of Site (the “Content”) are copyrighted as a collective work under the laws of United States and other copyright laws. BURU holds the copyright in the collective work. The collective work may include works that are the property of other third parties which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content from the different areas of Site solely for your own non-commercial use, unless otherwise permitted. Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from Site. You may not use any BURU logo or any other proprietary graphic or trademark without BURU's express written permission.

(b) Usage License . Your access to the Service is licensed and not sold. Subject to your compliance with these Terms, BURU grants you a personal, revocable, non-transferable, non-exclusive, limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site. BURU reserves the rights to terminate your license to use the Site and Services at any time and for any reason or in the future charge for commercial usage.

2. User Responsibility and Representations

(a) User Responsibility . In order to access some features of the Site, you will have to create an online account (the “BURU Account”). You agree to: (a) maintain the security of your user identification, password and other confidential information relating to your BURU Account; (b) be solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Service; (c) be responsible for all charges resulting from use of your BURU Account, including unauthorized use prior to your notifying BURU in writing of such use and taking steps to prevent its further occurrence by changing your password; (d) comply with the terms and conditions set forth herein; and (e) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Services or Site.

(b) Representations. You represent and warrant to BURU that : (i) you are over the age of thirteen (13) and have the power, authority or consent to enter into and perform your obligations under these Terms; (ii) all information provided by you to BURU is truthful, accurate and complete; (iii) you shall comply with all terms and conditions of these Terms; (v) you have provided and will provide accurate and complete registration information, including, without limitation, your legal name, address and telephone number; and (vi) each time you upload a User Submission (as defined herein) on Site or through the Service, (x) you represent and warrant that you own or otherwise control the rights or have the necessary consents to upload or post such User Submissions and to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms.

3. Restrictions

You may not, directly or indirectly, (a) copy the Content or any User Submissions or engage in any other acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written permission of BURU and the copyright owner; or (b) distribute (except for the purposes set forth above), rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Content or any User Submissions, in whole or in part; or (d) remove any proprietary notices or labels on the Content or any User Submissions.

You expressly agree that you are solely responsible for any and all communications and use of the Site and any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Service, which includes, without limitation, use of the Services to: (i) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Services or any other computer network; (ii) disseminate, store or transmit viruses, trojan horses or other malicious code or program; (iii) post or transmit any message which is libelous or defamatory; (iv) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (v) use the Service to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (vi) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (j) upload files that contain a virus or corrupted data; (v) falsely purport to be an employee or agent of BURU; (p) cause repeated disruptive incidents; (vi) act, or fail to act, in your use of the Service, in a manner that is contrary to applicable law or regulation; or (vii) engage in any other activity deemed by the BURU to be in conflict with the spirit or intent of these Terms. In addition, you may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the intent of BURU to discourage users from taking controversial positions or expressing vigorously what may be unpopular views in Site, nonetheless, BURU reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.

You agree not to use the Service, any Content or any User Submissions for any commercial use, without the prior written authorization of BURU. By way of illustration, prohibited commercial uses include, but are not limited to, any of the following actions taken without BURU's express approval: (a) sale of access to the Site or its related services on another website; (b) use of the Site or its related services, for the primary purpose of gaining advertising or subscription revenue; (c) the sale of advertising, on the Site or any third-party website, targeted to the content of specific User Submissions or Content; and (d) any use of the Site or its related Services that BURU finds, in its sole discretion, to use BURU's resources or User Submissions with the effect of competing with or displacing the market for BURU, Content, or its User Submissions.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the BURU servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, BURU grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. BURU reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions.

4. User Submissions

By posting any content (“User Submission”), you agree to grant to BURU and other users of the Site a perpetual, royalty- free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any such User Submissions (including without limitation, ideas contained therein for new or improved products or services) in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses; and to publish your name in connection with your User Submission in connection with the Services, the Site and otherwise in connection with our business. With respect to any User Submissions consisting of video files, the above licenses granted by you shall terminate within a commercially reasonable time after you remove or delete of such video files from the Service. You understand and agree, however, that BURU may retain server copies of User Submissions that have been removed or deleted. You can mark content as private to restrict access and use to those users to whom you explicitly grant access. For publicly accessible content, you can label your compilations with one of several possible licenses. It is important to note that you can only copyright the compilation itself, not the individual links that make up the compilation. Please also note that just because your compilation does not have a license agreement attached to it does not mean that it is public domain. For a compilation to be classified as such, it must be explicitly labeled as belonging to the public domain. Your use of a license in connection with your compilation does not affect BURU's right to access and use it in connection with the Services, the Site or otherwise in connection with our business.

BURU does not provide legal services, and therefore, providing you with the ability to attach a license agreement to your compilation of links does not create an attorney-client relationship. The license agreements and all related information are provided on an "as is" basis. BURU makes no warranties whatsoever regarding the license agreements and the information provided, and disclaims all liability for damages, including without limitation, any general, special, incidental or consequential damages, resulting from their use. BURU will include this license label in making your content accessible to others, but any enforcement of your chosen license terms remains your sole responsibility.

BURU is explicitly not responsible for the manner or circumstances by which third parties access or use public content and is under no obligation to disable or otherwise restrict this access. BURU provides you with the ability to retrieve and remove your posted content and your personal information from the Site and the Services. This ability does not extend to copies that others may have made or to copies that we may have made for backup purposes.

5. Feeds

BURU provides access to portions of its Site and Services via RSS feeds for the purposes of these Terms, such access constitutes use of the Site and Services. BURU asks that you use these features respectfully, as outlined in the documentation. You may not use these or any other features or the Site itself to allow the display of a substantial portion of the BURU database or reproduce, duplicate or copy the BURU Site. BURU reserves the rights to change these features at any time and to disable access to the feeds at any time for any reason.

6. Other Sites

You are solely responsible for your use of the Site and Services. Because BURU merely serves as a repository of information, user-posted content does not represent the advice, views, opinions or beliefs of BURU, and BURU makes no claim of accuracy of any user-posted material. BURU allows for the posting of links to third-party websites. The linked websites' content, business practices and privacy policies are not under our control, and BURU is not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on the Site or Services does not imply any endorsement by or any affiliation with BURU. In accessing the Site and Services or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. By using BURU, you agree that your only recourse is to stop using the Site and Services.

7. Trademarks & Copyrights

BURU, the BURU logo and the BURU design are trademarks or trade dress of BURU, and may not be used without express written permission from BURU, other than for attribution. The BURU logo is a trademark of IWILAB and may not be used without the express prior written permission of IWILAB. All other trademarks not owned by IWILAB that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by IWILAB.

BURU has adopted its Copyright Dispute Policy, which is accessible at http://www.buru.com/info/copyright_policy. User Submissions are copyrighted, and any use or reproduction of User Submissions must comply with the terms of the respective license(s) and must include a label indicating such license.

8. No Warranty;Limitation of Liability

BURU PROVIDES THE SITE, CONTENT AND SERVICES "AS IS," “WITH ALL FAULTS,” “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATION ACCURACY, INTEGRATION, INTEROPERATBILITY, TITLE, AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THESE TERMS. BURU CANNOT AND DOES NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. BURU CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THIS ONLINE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. BURU DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICE ACCESSED THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. BURU MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

By using BURU, you understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL BURU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION TO DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT BURU HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH BURU SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.

The Site is controlled and offered by BURU from its facilities in the United States of America. BURU makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

9. Indemnification.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BURU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT), BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR BURU ACCOUNT.

10. Waiver and Release.

YOU AGREE THAT NEITHER BURU, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICE, OR THE CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT BURU SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST BURU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF BURU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU.

11. Miscellaneous

The term of these Terms shall commence on the date you access the Site and shall terminate as set forth herein. Either you or BURU may terminate your right to use Site at any time, with or without cause, with or without notice. The provisions of Sections1(a) (Intellectual Property Ownership), 2 (User Responsibility and Representations), 3 (Restrictions), 4 (User Submissions), 5 (Feeds), 6 (Other Sites), 7(Trademarks and Copyrights), 8 (No Warranty; Limitation of Liability), 9 (Indemnification), 10 (Waiver and Release), and 11 (Miscellaneous) shall survive any termination of these Terms.

BURU and you are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between BURU and you.

These Terms shall be governed by and construed in accordance with the laws of the State of California. You agree that the Site shall be deemed a passive website that does not give rise to personal jurisdiction over BURU, either specific or general, in jurisdictions other than California. You agree that any legal action or proceeding between BURU and you for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in San Francisco, California, United States. Any cause of action or claim you may have with respect to BURU must be commenced within one (1) year after the claim or cause of action arises.

BURU’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver of any term, provision or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

These Terms, together with the Copyright Dispute Policy and the Privacy Policy and any other legal notices published by BURU on the Site, constitute the complete and exclusive statement of the agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service, the Site or the Content.

If any action in law or in equity is necessary to enforce the terms of these Terms, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. The provisions of these Terms are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. No provisions of these Terms are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to these Terms; except that Sections 8, 9, and 10 are intended to benefit BURU and its officers, directors, employees, agents, licensors, and suppliers. BURU may assign its rights and duties under these Terms to any party at any time without notice to you. Any notices must be sent to BURU in English at buru@iwilab.com