RULES FOR USER CONDUCT AND USE OF THE SERVICE
You must be at least 18 years old to use the Service.
Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions:
You agree that you will not, under any circumstances:
POSTING AND CONDUCT RESTRICTIONS
As part of the features and functionality of the Service, You may be able to submit certain content to the Site (any such content, “User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.
You agree that we are only acting as a passive conduit for online distribution and publication of your User Content. The Partners reserve the right to remove any User Content from the Service at its sole discretion.
We grant you permission to submit User Content to the Service, subject to the following express conditions. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms and automatically effects a revocation of your permission to submit User Content.
By transmitting and submitting any User Content to the Site, you hereby acknowledge and agree as follows:
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. You hereby waive, and release the Partners from, any and all liability arising from any User Content you submit that violates the laws or regulations of any jurisdiction or violates or infringes upon the rights of any third party. You hereby waive, and release the Partners from, any and all liability arising from any use of your User Content by any other user of the Service that violates or infringes upon your rights. The Partners are not responsible for any public display or misuse of your User Content.
The Partners do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information made available using the Site or the Service, nor do we adopt or endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other User Content posted on the Service, or transmitted to users.
LINKS TO OTHER SITES AND/OR MATERIALS
PARTNER SITES AND SERVICES
Each of the Partners individually, or two or more Partners in collaboration, may operate sites, portals, or other services that include content, applications, or other materials outside the scope of, or otherwise unassociated with, the Partners’ support of, or affiliation with, the Site or the Service (such content, services, applications, and other materials, the “Partner Services”). Except with respect to User Content received by the Partners that you submit via the Service, and the Partners’ use thereof, these Terms do not apply to the Partner Services. For terms, policies, and agreements governing the use of Partner Services, please consult the applicable Partner or the applicable portal or site operated by such Partner. The Partners collectively bear no responsibility for any Partner Services that violate the laws or regulations of any jurisdiction or violate or infringe upon the rights of any third party. Each Partner individually bears no responsibility for any Partner Services provided by any other Partner that violate the laws or regulations of any jurisdiction or violate or infringe upon the rights of any third party.
RIGHTS AND RESPONSIBILITIES SPECIFIC TO YOUR JURISDICTION
The Service is provided to the global imaging community. Accordingly, there may be local laws and regulations in the jurisdiction in which you reside pertaining to your use of the Service. It is not possible to list or incorporate into these Terms all requirements set forth in the laws and regulations of every jurisdiction in which the Service may be accessed. It is your responsibility to ensure that your use of the Service complies with the applicable laws of your jurisdiction. The Partners bear no responsibility for your usage of the Service in a manner that violates the laws or regulations of your jurisdiction or the rights of any third party that arise under the laws or regulations of your jurisdiction.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Postings. We respect the intellectual property rights of others and require all users of the Service to do the same. We have adopted and implemented a policy that provides for termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate postings for participants or users who are found repeatedly to provide or post protected content that is subject to the rights of third parties without securing the necessary rights and permissions from such third parties.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to our designated copyright agent at email@example.com:
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site in accordance with subsection (b) above is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
By submitting any User Content to the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Partners a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the provision of the Service or with the aims, mission, and purpose of the Partners. Without limiting the foregoing, you retain ownership rights in your User Content.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications submitted through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you: (a) consent to receive communications from us in an electronic form via any email address(es) you have submitted to the Service; and (b) acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to firstname.lastname@example.org or mail to the following postal address:
c/o BioImaging North America
330 N. Orchard Road
Madison, WI 53715 USA
Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE SERVICE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU IF YOU RESIDE IN SUCH A JURISDICTION.
If you have a dispute with one or more other users of the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree that any cause of action related to or arising out of your relationship with the Partners must commence within ONE year after the cause of action accrues. Otherwise, to the extent allowable by applicable law, such cause of action is permanently barred.