Bio-protocol Terms of Service
Welcome to the Bio-protocol website located at www.bio-protocol.org (the "Site"), which is provided by Bio-protocol LLC ("Bio-protocol," "we" or "us"). Please read these Terms of Service (the "Terms") carefully because they govern your use of our Site and our on-line journal platform services accessible via our Site. To make these Terms easier to read, our services and the Site are collectively called the "Services."
Agreement to Terms
By using our Services, you agree to be bound by these Terms, and you agree in particular that your rights in relation to any protocols or other articles and content you receive through the Services are strictly limited to the license rights expressly granted in these Terms. If you don't agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, "you" and "your" will refer to that company or other legal entity.
Changes to Terms or Services
We may modify the Terms at any time, at our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you should not use the Services anymore. Because our Services are evolving, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Eligibility to Use the Services
You may use the Services only if you are 18 years or older, capable of forming a binding contract with us, and are not barred from using the Services under applicable law.
Registration and Your Information
If you want to use certain features of the Services, you'll have to create an account ("Account"). You can do this via the Site. It's important that you provide us with accurate, complete, and up-to-date information for your Account and that you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don't, we may suspend or terminate your Account. You agree that you won't disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.
We welcome feedback, comments, and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content and Content Rights
For purposes of these Terms: (i) "Content" means text, data, graphics, images, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; (ii) "Articles" means the protocols or articles and all associated supplemental materials, data, images, audio and/or video collectively, owned by or exclusively licensed to Bio-protocol and published by Bio-protocol through the Services; and (iii) "User Content" means any Content, excluding Articles, that Account holders or other end users of the Services (including you) provide to be made available through the Services. Content includes without limitation User Content and Articles.
Content Ownership, Responsibility, and Removal
We do not claim any ownership rights to any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, we and our licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in Content Granted by Bio-Protocol
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to download, view and print the Content solely in connection with your use of the Services as permitted in these Terms and solely for: (1) if you are an individual, your personal and non-commercial purposes; or (2) if you are an organization, your internal purposes, provided that any Content you download or print is not disseminated or used outside of your organization. Bio-protocol reserves all rights not expressly granted in and to the Content and Services.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to us a non-exclusive, transferable, sublicenseable, worldwide, royalty-free, perpetual and irrevocable license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other end users of the Services.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Bio-Protocol on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
General Prohibitions and Bio-protocol's Enforcement Rights
You agree not to do any of the following:
- Reproduce, modify, distribute, display, make derivative works based upon, or otherwise transmit the Services or any of the Contents without the prior express consent of Bio-protocol;
- Systematically retrieve data or Content from the Services by any means, or compile a database or directory of information extracted from the Services;
- Post, upload, publish, submit, or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Use, display, mirror, or frame the Services or any individual element within the Services, Bio-protocol's name, any Bio-protocol trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our prior express written consent;
- Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
- Attempt to probe, scan, or test the vulnerability of any Bio-protocol system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure or features implemented by Bio-protocol or any of our providers or any other third party (including another user) to protect the Services or Content or to restrict or prevent the use of or access to the Services or Content;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, scrapers or other automated data mining tools or the like) other than the software and/or search agents provided by Bio-protocol or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Bio-protocol trademark, logo URL, or product name without our prior express written consent;
- Use the Services or Content, or any portion thereof, for any commercial purpose except as expressly permitted herein, or for the benefit of any third party, or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Use the Services or Content for any use or purpose not permitted within these Terms without the prior written authorization of Bio-protocol;
- Violate any applicable law or regulation; or
- Encourage, procure, or enable any other individual to do any of the foregoing.
Although we're not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to our Services or any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Bio-protocol respects copyright law and expects its users to do the same. It is our policy to terminate in appropriate circumstances Account holders who repeatedly infringe the rights of copyright holders. Please see our Copyright and IP Policy at www.bio-protocol.org/Copyright_IP_Policy.aspx for further information.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at email@example.com. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions of these Terms will survive: Feedback; Content and Content Rights; Content Ownership, Responsibility and Removal; Rights in User Content Granted by You, Disclaimers, Indemnity, Limitation of Liability, Dispute Resolution, and General Terms.
YOU AGREE THAT YOUR USE OF THE SERVICES (INCLUDING ANY ARTICLES AND OTHER CONTENT PROVIDED THROUGH THE SERVICES) IS AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Articles or other Content.
You agree to indemnify and hold harmless Bio-protocol and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
NEITHER BIO-PROTOCOL NOR ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIO-PROTOCOL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BIO-PROTOCOL AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the Northern District of California and the parties irrevocably consent to the personal jurisdiction and venue therein.
These Terms constitute the entire and exclusive understanding and agreement between Bio-protocol and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the Services and Content; provided, however, that these Terms do not affect any separately executed written agreement that you may have with Bio-protocol regarding your submission of specific Articles to Bio-protocol. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms or any rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign, delegate, or transfer these Terms or any rights or obligations under these Terms without your prior consent or any restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Bio-protocol under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. The foregoing provision relating to the service of notices shall not apply in relation to the service of any claim form, notice, order, judgment or other document relating to or in connection with any proceedings, suit or action arising out of or in connection with these Terms.
Our failure or delay in enforcing any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Bio-protocol. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact us at:
P.O. Box 2073,
Sunnyvale, CA 94087-0073