Terms of Use

License. Montefiore Medical Center (“Montefiore”) grants you the limited, non-exclusive, royalty-free, perpetual right to use this software tool for the purposes of experiencing eye tracking technology in connection with our illustrated coloring book (the “Services”). Except as expressly permitted in these Terms, you may not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise use or exploit any portion of the Services. You may not modify, change, alter or reverse engineer any part of the Services. You may not use the Services for any commercial purpose. You may not link the Service to other websites or use any of the names, logos, trademarks or service marks of Montefiore. You agree that any words, descriptions, drawings, artwork or other content created by you or used by you in connection with the Services will not be offensive to the general public or derogatory to any person, organization, company, religion, group of people, or any products or services, including without limitation, Montefiore.
Privacy. Your privacy is important to us. Montefiore's Privacy Policy is incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to our collection, use and disclosure of your personal information. Our Privacy Policy is located here: https://www.montefiore.org/privacy-policy-web-and-mobile-applications
Ownership. We retain full ownership of and title to the Services and all intellectual property rights contained therein. Without limiting the generality of the foregoing, all material and content embodied within the Services, including, without limitation, the illustrations, characters, story, photographs, video etc. (collectively, the “Content”) is the property of Montefiore or a third party that provided the Content to Montefiore. All title to, ownership of, and rights in and to such Content as between you and Montefiore is and shall remain the sole and exclusive property of Montefiore. Accordingly, you may not copy, distribute, display, republish, upload, post, transmit, or create derivative works of the Content in any way without the prior written consent of Montefiore in each instance.
Third Party Software. The Services use third party software and your use of the Services is subject to the terms of use and privacy policies of those software providers found here: WebGazer.js: Democratizing Webcam Eye Tracking on the Browser and Javascript API for face detection and recognition in browser
Your Warranties and Representations. You warrant and represent that you are over the age of 18, have the right to enter into this agreement and to use the Services. You agree to indemnify and hold Montefiore and its related entities, directors, officers, employees and representatives harmless from and against any and all liability, cost, and expenses, including, reasonable attorney's fees, a rising out of connected with your use of the Services.
No Warranty. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. MONTEFIORE HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES. MONTEFIORE DOES NOT WARRANT THAT THE CONTENT CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MONTEFIORE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT ON THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MONTEFIORE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. MONTEFIORE MAKES NO WARRANTIES THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT PROVIDED HEREIN. BY ACCESSING THE SERVICES, YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SERVICES AND ANY PRODUCTS OR SERVICES DESCRIBED HEREIN.
Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL MONTEFIORE, OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, MEDICAL STAFF, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, DATA, SALES, GOODWILL OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF SUCH POSSIBILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MONTEFIORE DISCLAIMS ANY AND ALL LIABILITIES OR OBLIGATIONS WHATSOEVER RELATED TO THE USE OF THE SERVICES BY ANYONE OTHER THAN YOU. YOU ACKNOWLEDGE AND AGREE THAT MONTEFIORE HAS OFFERED ITS SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. YOU ACKNOWLEDGE AND AGREE THAT COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Governing Law. These terms and conditions are governed by the laws of the State of New York, applicable to contracts entered into and wholly performed in the State of New York.
Updates. These terms and conditions of use can be updated and modified by Montefiore at any time, and such updates and modification shall be effective immediately upon posting. You agree to review these terms periodically to be aware of such modification and your access or use of the Services shall be deemed your acceptance of the modified terms.