This website (the Site) is owned and operated by ScienceBlogs, LLC (“SB”). SB provides the Site and its services to you subject to the following Terms of Service (the Terms). By using the Site, you agree to be bound by the Terms. SB may, in its sole discretion, modify the Terms without notice to you. Therefore, please continue to review the Terms when using the Site. The “Last Modified” date will indicate when the latest changes were made. By continuing to access and use the Site after the Terms have been modified, you are agreeing to such modifications. In addition, when using particular services or features or making purchases on the Site, you shall be subject to any posted guidelines or rules applicable to such services, features or purchases that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.
Description of Service
The Site provides a variety of information, forums, resources and products related to science. The Site, any software used to operate the Site, and the content, services, features, subscriptions, products, merchandise and information that SB offers to users on the Site may be referred to herein collectively as the “service”. Unless explicitly stated otherwise, any new features that augment or enhance the Service in the future shall be considered part of the Service and subject to the Terms.
If you would like to purchase any merchandise or products offered on the Site (collectively, “Products”), your purchase will be subject to the terms and conditions of our Purchase Policy. Please review our Purchase Policy before making any such purchase. By submitting payment information in connection with any such purchase, you agree to be bound by the terms of our Purchase Policy. Our Purchase Policy is hereby incorporated by reference into the Terms.
Information You Provide
Member Account and Password
If you choose to register for an account with SB, you will create a username and password while completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SB of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SB (and its affiliated companies) cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Materials on the Site, Proprietary Use
The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the Site (including, without limitation, the ScienceBlogs name and logo, the “phylotaxis” logo, the Seed logo and logotype, and any Marks associated with any Products) are the sole property of SB, Seed Media Group, and/or suppliers or licensors of SB and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of SB, Seed Media Group, and/or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of SB and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of SB. SB will enforce its intellectual property rights to the fullest extent of the law.
In the event that we provide users with any venues to submit opinions, information, ideas, suggestions, concepts or other material (collectively, “submissions”) on the Site (collectively, “Venues”, and including, but not limited to, bulletin boards, chat rooms, blogs, surveys or invitations to e-mail SB with questions or comments), any such Submissions must be original with you (or in the public domain) and be accurate and current. You may not submit any Submission that is unlawful, harmful, harassing, threatening, abusive, hateful, libelous, defamatory, obscene, pornographic, profane, vulgar, indecent, sexually explicit or otherwise objectionable, or that would constitute a criminal offense, give rise to civil liability, violate any third party’s rights of privacy or publicity or otherwise violate any applicable law or right. You may not submit any Submission that is protected by copyright, patent, or other proprietary rights without obtaining permission of the owner of such rights. The Venues shall not be used for any commercial purposes. You will not submit any Submission to solicit funds or to promote, advertise, or solicit the sale of any goods or services.
Any Submissions submitted by you to the Site through the Venues or otherwise will be deemed non-proprietary and non-confidential, and may be used by SB without restriction. Without limiting the foregoing, by offering any Submissions through the Site, you grant to SB the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to reproduce, modify, edit, publish, display, perform, adapt, distribute, sublicense and otherwise use and exploit such Submissions (and any and all proprietary rights therein that you may have) in any and all forms and media, now or hereafter discovered, without compensation or attribution to you.
You are solely responsible for any Submission you post or otherwise disseminate on or through the Service. We have no responsibility or control over the content, frequency or any other aspect of Submissions by our users, and we cannot be held liable for any such Submissions. We have the right, but not the obligation, in our sole discretion, to pre-screen, refuse, edit, move or remove any Submission in any Venue. We are not responsible for screening, monitoring or verifying any Submissions (subject to the “Copyrights and Copyright Agent” paragraph below), although we reserve the right to do so. Any opinions, statements or other material expressed, posted or otherwise disseminated on or through the Service by visitors, account holders or third parties are those of such parties and not of SB, and SB does not endorse any such opinion, statement or other material.
Links and Third Party Content
Links on the Site to third-party websites are provided only as a convenience to you. If you use these links, you will leave the Site. SB does not control or endorse any such third-party websites. You agree that neither SB nor any of its affiliated companies will be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.
Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of the Service, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that neither SB nor its affiliated companies shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
News and Information; Financial Matters
You agree that you must evaluate, and bear all risks associated with, the use of any headlines, excerpts, summaries, news and/or other information provided through the Service (collectively, “Information”). Therefore, you acknowledge and agree that neither SB nor its affiliated companies are responsible or liable, directly or indirectly, for (i) any Information provided by the Service, (ii) any decision by SB to include any Information in, or exclude any Information from, the Service, (iii) any summarizing or editing of Information by SB, or (iv) any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such Information, including, without limitation, the accuracy, completeness, availability or usefulness thereof. SB does not independently verify any Information obtained or derived from third party sources.
Without limiting any other provision of the Terms, with respect to any Information provided by the Service concerning companies, stock quotes, investments, securities or other financial or corporate information, you understand and agree that any such Information is provided through the Service on a “let the investor beware” basis, meaning that you assume all risk for any investment, trading, tax or other decisions you make based on such Information. The Information obtainable on or through the Service is provided for informational purposes only. We do not give tax or investment advice or advocate the purchase or sale of any security or investment. You should always seek the assistance of a professional for tax and investment advice. Neither SB nor its affiliated companies shall be responsible or liable for any trading or investment decisions made based on such Information.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, SB, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “SB PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, THE SB PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SB PARTIES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NONE OF THE SB PARTIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SB PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
If you are dissatisfied with any Materials, or with any of SB’s terms and conditions, your sole and exclusive remedy is to discontinue using the Service.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Copyrights and Copyright Agent
SB respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied on the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to SB’s Copyright Agent:
1.) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2.) a description of the copyrighted work or other intellectual property that you claim has been infringed;
3.) a description of where the material that you claim is infringing is located on the Site;
4.) your address, telephone number, and email address;
5.) is not authorized by the copyright owner, its agent, or the law;
6.) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
SB’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
SB reserves the right, without notice and at its sole discretion, to suspend or terminate the Terms and/or your ability to access or use the Service, and to block or prevent future access to and use of the Service for any reason, including your breach of the Terms or other conduct by you that SB considers inappropriate. SB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Except as otherwise expressly stated in the Terms, you agree that neither SB nor any of its affiliated companies shall be liable to you or to any third party for any modification, suspension or discontinuation of the Service.
The Terms shall be exclusively governed by and construed in accordance with the laws of the State of New York within the United States of America without giving effect to any principles of conflicts of law. SB controls and operates the Site from its offices located in the State of New York in the United States of America. SB makes no representation that Materials contained on the Site or Products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that the Terms comply with the laws of any other country. Visitors who use the Service and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any comments or questions regarding these Terms of Service, or wish to report any violation of these Terms of Service, please contact us firstname.lastname@example.org. We will address any issue to the best of our abilities as soon as possible.
(Last Modified: 8/3/10)