Terms of Service

We know and understand that these documents are typically long and boring, so we have a short version followed by the long version…

Short Version

Welcome to The CerebralRift, which is part of CerebralDigital Media Group. There are several members in this group: The CerebralRift, CerebralAudio, and The CerebralMix. What follows is an abbreviated version of the guidelines for using CerebralDigital Media Group services. It is not legally binding.  The Long Version below this is the legally binding version.

  1. Yo! You must be of legal age to enter into a contract and / or agreement with CerebralDigital Media. No shit.
  2. Using this service doesn’t give you any rights or ownership over the material on it. You need our permission to reuse the material on this site.  [Note: Of course, we license our materials under a Creative Commons license, which does grant the user some permissions, and Copyright law itself grants specific rights.  See our Reuse Policy for more information.]
  3. If we had a mobile App, you’d have specific, limited rights when using it. (Maybe someday…)
  4. The CerebralRift may display content from other parties. We cannot guarantee the accuracy of that information. If we find it’s crappy, illegal, or just doesn’t fit the site we will remove it.
  5. If you submit content to us (comments, etc.) you grant CerebralDigital Media Group the right to reuse it. [Note: Of course we won’t be inconsiderate about this. We will seek permission in most cases.]
  6. We will follow the terms of the DMCA. See the Long Version for more details and contact information.
  7. If we had software that you could download, this section would apply.
  8. We try to provide really great services, and software [if we had any]. There may be third party content in said services and software that we cannot (a) fully screen, or (b) claim is accurate and / or reliable. You are warned.
  9. CrebralDigital Media Group, our affilates, suppliers, etc. cannot be held liable for damages, loss of income or revenue, data, use, goodwill or reputation, or other non-tangible items due to the actions, software or services provided on our websites and / or services. [Note: CerebralRift is a publication of news, opinions, reviews, and editorials. We aren’t some rag that is out to personally attack or hurt anyone…]
  10. If you post any content to The CerebralRift, you grant us the right to reuse it. [Note: Seems like this mostly duplicates #5, and the same note applies – we won’t be inconsiderate, and we will seek permission for reuse in most cases.]
  11. CerebralDigital Media Group is not responsible for user submitted content.  Users agree to defend us, indemnify, and hold us harmless. [Note: IOW – if a user posts something illegal, controversial, etc. it’s not our liability. We’ll resolve our part as quickly as possible, but we aren’t responsible for the user’s actions.]
  12. CerebralDigital Media Group will update these Terms as necessary. If there are big changes, we’ll let you know.
  13. We are subject to the laws of the State of Wisconsin, and the United States of America.
  14. We can terminate your access to The CerebralRift, or any CerebralDigital Media Group properties at our discretion.
  15. This document constitutes the complete Terms and Conditions for using The CerebralRift.
  16. CerebralDigital Media Group may not always enforce these terms, but that does not constitute a waiver to them. [Note: You still have to follow the rules, even if we are flexible about enforcing them from time to time.]
  17. Any questions? Email: [email protected]

Yes, there’s a little bit of sarcasm in the above (since I hate those terms documents as much as you). There is an even shorter version for the overall:

  • Read and enjoy the content on this site. Comment on it. Email us for more information, or if you have concerns / issues.
  • We try to make the information on here as accurate as possible, but shit happens. We’ll correct it as needed. We can’t always catch bad information / issues with third parties, but we’ll remove their content and / or resolve issues with that content too.
  • Don’t be a bonehead. Write decent, reasonable comments. We might actually want to use them as testimonials or as part of a promotion, with your permission. If you’re a repeat bonehead, we might remove you from the site.
  • Don’t post illegal shit.  We follow DMCA take down policies. We will remove users that post illegal shit.
  • Don’t hold us responsible for any damages from your ability or inability to use the site. Don’t hold us responsible for content submitted by others. We aren’t responsible for your ability or inability to use content provided by others on the site.

The above covers 80-90 percent of it, but since I’m not a lawyer, neither of the above versions are binding.  The only binding version of the Terms is below:

Long Version

Welcome to The CerebralRift.
The CerebralRift‘s products and services are provided by CerebralDigital Media Group. These terms and conditions of use (“Terms”) govern your use of CerebralDigital Media Group’s websites, and any related products and services (collectively, the “Services”), so please read them carefully. By accessing this website or using the Services, you are agreeing to the Terms, CerebralDigital Media Group’s Privacy Policy and any other policies posted by CerebralDigital Media Group on this website.
1. Using our services
You may use our Services only if you can form a binding contract with CerebralDigital Media Group. No use of the Services is permitted by those under the age of majority in their state of residence. In no event is use of the Services permitted by those under the age of 18. If you are using the Services on behalf of any entity, then you are agreeing to the Terms on behalf of that entity.
2. Intellectual Property
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
3. Mobile Application License
Some of our Services may be available on mobile devices and these Terms apply to your use of our Services on such devices. If you are accessing the Services via a mobile application (the “Application”), we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Application on mobile devices owned and controlled by you, and to access and use the Services on those devices. You agree to only use the Application for the purpose for which it was designed and intended, and, unless such restrictions are prohibited by law, not to reverse engineer or decompile the Application, attempt to do so, or assist anyone in doing so. Do not use our Services on any mobile device in a way that distracts you and prevents you from obeying traffic or safety laws.
4. Website Content
Our Services may display both CerebralDigital Media Group-created content and content that is not created or developed by CerebralDigital Media Group. We may review third party-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 we do not routinely screen third-party content that is published via our Services. We cannot guarantee the accuracy, adequacy or quality of any such content, or the qualifications of those posting it.
5. User Contributions
If you post or link to content (“User Content”) on our website while using any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant to CerebralDigital Media Group, an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish and distribute the User Content for any purpose in any form.CerebralDigital Media Group, in its sole discretion, has the right to preview, edit, change, or delete User Content.
6. Copyright
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with CerebralDigital Media Group‘s Designated Copyright Agent:
CerebralDigital Media Group Copyright Agent
Cerebral Digital Media Group, PO Box 180172, 925 Genesee St, Delafield WI, 53018
7. Software
Some of our Services may allow you to download client software (“Software”) which may update automatically; you agree that these Terms will apply to such upgrades. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
8. Disclaimers
While CerebralDigital Media Group strives to provide quality Services and Software, there are some things that we cannot guarantee. You acknowledge that our Services and Software might include third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information and data, that our Services and Software may be incomplete, may contain inaccuracies, or may be based on opinion. CerebralDigital Media Group DOES NOT SCREEN SUCH INFORMATION FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, CerebralDigital Media Group AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES AND SOFTWARE. THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS.” CerebralDigital Media Group ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
9. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CerebralDigital Media Group OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES AND SOFTWARE. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CerebralDigital Media Group, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES, IS LIMITED TO THE AMOUNT YOU PAID US, IF ANY, TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION ALSO APPLIES TO PREMIUM SERVICES.
10. User posted content & other interactive services or areas
The CerebralRift may include interactive areas in which you may post content and information (the “User Content”). You retain all rights in, and are solely responsible for, the User Content you post. You are also solely responsible for your use of such interactive features, and use them at your own risk. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
When you post User Content to The CerebralRift, you give CerebralDigital Media Group and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such content is attached to a profile on the CerebralDigital Media Group platform, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
11. Indemnification
You agree to defend, indemnify and hold harmless CerebralDigital Media Group, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
12. Modifications
CerebralDigital Media Group may revise these Terms from time to time, on a prospective basis, and we will always post the most up-to-date version on our website. If we determine, in our sole discretion, that a modification to these Terms materially affects your rights, we will notify you (by, for example, sending a message to your account email or posting on the CerebralDigital Media Group Blog). By using or continuing to use or access the Services after any revisions have come into effect, you agree to be bound by the revised Terms.
13. Applicable law and venue
The laws of the State of Wisconsin , excluding its conflict of law provisions, will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the state or federal courts located in Waukesha County, Wisconsin , and you and CerebralDigital Media Group consent to personal jurisdiction and exclusive venue in such courts.
14. Termination
Notwithstanding any of these Terms, CerebralDigital Media Group reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your access to and use of the Services. CerebralDigital Media Group reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Services, or any other data.
15. Entire agreement
These Terms constitute the entire agreement between you and CerebralDigital Media Group with respect to the subject matter of these Terms, and supersede and replace any prior version of the Terms. These Terms create no third party beneficiary rights.
16. Waiver, severability, and assignment
CerebralDigital Media Group‘s failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable Term or Terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. CerebralDigital Media Group may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
17. Questions and contact information
Any questions or comments about the Site or its contents should be directed to [email protected]