2100Science.com web site
is comprised of various web pages and services operated by 2100Science Inc. and/or
its affiliates (referred to herein collectively as "2100Science",
"2100Science.com",
"Our", "We", "Us").
This Terms of Use
Agreement ("Agreement") sets forth the legally binding terms for your use of 2100Science services. By using the 2100Science services, you agree
to be bound by this Agreement, whether you are a "Visitor" (which means that you
simply browse the 2100Science website) or you are a "Member" (which means that you have registered with 2100Science.com).
The term "User" refers to a Visitor or a Member. You are only authorized to use
the 2100Science services (regardless of whether your access or use is intended) if
you agree to abide by all applicable laws and to this Agreement. Please read this agreement carefully and save it. If you do not agree with it, you should leave the 2100Science website and discontinue use of the 2100Science
services immediately. If
you wish to become a Member, communicate with other Members and make use of the 2100Science Services.
This Agreement includes 2100Science.com's policy for acceptable use of the 2100Science
Services and Content posted on the 2100Science Website, your rights, obligations
and restrictions regarding your use of the 2100Science Services and 2100Science.com's
Privacy Policy. 2100Science.com may modify this Agreement from time to time and such
modification shall be effective upon posting by 2100Science.com on the 2100Science
Website. You agree to be bound to any changes to this Agreement when you use the
2100Science Services after any such modification is posted. It is therefore important
that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on 2100Science.com and that you
provide to other Users. Your 2100Science.com posts may not include the following items:
telephone numbers, street addresses, last names, and any photographs containing
nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise
objectionable subject matter. Despite this prohibition, information provided by
other 2100Science.com users (for instance, in their Posts) may contain inaccurate,
inappropriate, offensive or sexually explicit material, products or services, and
2100Science.com assumes no responsibility or liability for this material. If you
become aware of misuse of the 2100Science Services by any person, please contact
2100Science or click on the "Report Spam" link next to the post.
2100Science.com
reserves the right, in its sole discretion, to reject, refuse to post or remove
any posting (including private messages) by you, or to restrict, suspend, or terminate
your access to all or any part of the 2100Science Services at any time, for any or
no reason, with or without prior notice, and without liability.
2100Science expressly reserves the right to remove your profile and/or restrict,
suspend, or terminate your access to any part of 2100Science Services if 2100Science
determines,
in its sole discretion, that you pose a threat to 2100Science and/or
its Users.
1. Eligibility. Use of and Membership in the 2100Science Services is void where
prohibited. By using the 2100Science
Services, you represent and warrant that (a) all registration information you submit
is truthful and accurate; (b) you will maintain the accuracy of such information;
(c) you are 14 years of age or older; and (d) your use of the 2100Science Services
does not violate any applicable law or regulation. Your profile may be deleted and
your posts may be terminated without warning, if we believe that you are under
14 years of age.
2. Term. This Agreement
shall remain in full force and effect while you use the 2100Science Services or are a Member.
3. Non-commercial Use
by Members. The 2100Science Services are for the personal
use of users
only and may not be used in connection with any commercial endeavors except those
that are specifically endorsed or approved by 2100Science.com. Illegal and/or unauthorized
use of the 2100Science Services, including collecting usernames and/or email addresses
of Members by electronic or other means for the purpose of sending unsolicited email
or unauthorized framing of or linking to the 2100Science
Website is prohibited. Commercial
advertisements, affiliate links, and other forms of solicitation may be removed
from user posts without notice. Appropriate legal action will be taken for any illegal or unauthorized
use of the 2100Science Services.
4. Proprietary Rights
in Content on 2100Science.com.
a) 2100Science.com
does not claim any ownership rights in the text, files, images, photos, video, sounds,
musical works, works of authorship, or any other materials (collectively, "Content")
that you post to the 2100Science Services. After posting your Content to the 2100Science
Services, you continue to retain all ownership rights in such Content, and you continue
to have the right to use your Content in any way you choose. By displaying or publishing
("posting") any Content on or through the 2100Science Services, you hereby grant to 2100Science.com a limited license to use, modify, publicly perform, publicly display,
reproduce, and distribute such Content solely on and through the 2100Science Services. Without
this license, 2100Science.com
would be unable to provide the 2100Science Services. The license you grant to 2100Science.com
is non-exclusive (meaning you are
free to license your Content to anyone else in addition to 2100Science.com), fully-paid
and royalty-free (meaning that 2100Science.com
is not required to pay you for the
use on the 2100Science Services of the Content that you post), sublicensable (so
that 2100Science.com is able to use its affiliates and subcontractors such as Internet
content delivery networks to provide the 2100Science
Services), and worldwide (because
the Internet and the 2100Science Services are global in reach). This license will
terminate at the time you remove your Content from the 2100Science Services. The license does not grant 2100Science.com the right
to sell your Content, nor does the license grant 2100Science.com the right to distribute your Content outside of the 2100Science Services.
b) You represent
and warrant that: (i) you own the Content posted by you on or through the 2100Science
Services or otherwise have the right to grant the license set forth in this section,
and (ii) the posting of your Content on or through the 2100Science
Services does
not violate the privacy rights, publicity rights, copyrights, contract rights or
any other rights of any person. You agree to pay for all royalties, fees, and any
other monies owing any person by reason of any Content posted by you to or through
the 2100Science Services.
c) The 2100Science Services contain Content of 2100Science.com ("2100Science.com
Content"). 2100Science.com
Content is protected by copyright, trademark, patent, trade secret and other laws,
and 2100Science.com owns and retains all rights in the 2100Science.com Content and the 2100Science Services. 2100Science.com hereby grants you a limited, revocable,
nonsublicensable license to reproduce and display the 2100Science.com Content (excluding
any software code) solely for your personal use in connection with viewing the 2100Science Website and using the 2100Science
Services.
d) The 2100Science Services contain Content of Users and other 2100Science.com licensors. Except for
Content posted by you, you may not copy, modify, translate, publish, broadcast,
transmit, distribute, perform, display, or sell any Content appearing on or through
the 2100Science Services.
5. Content Posted.
a) 2100Science.com
may delete any Content that in the sole judgment of 2100Science.com
violates this
Agreement or which may be offensive, illegal or violate the rights, harm, or threaten
the safety of any person. 2100Science.com assumes no responsibility for monitoring
the 2100Science Services for inappropriate Content or conduct. If at any time 2100Science.com
chooses, in its sole discretion, to monitor the 2100Science
Services, 2100Science.com
nonetheless assumes no responsibility for the Content, no obligation to modify or
remove any inappropriate Content, and no responsibility for the conduct of the User
submitting any such Content.
b) You are solely responsible for the Content that you post on or through any of
the 2100Science Services, and any material or information that you transmit to other
Members and for your interactions with other Users. 2100Science.com does not endorse and has no control
over the Content. Content is not necessarily reviewed by 2100Science.com
prior to
posting and does not necessarily reflect the opinions or policies of 2100Science.com.
2100Science.com makes no warranties, express or implied, as to the Content or to
the accuracy and reliability of the Content or any material or information that
you transmit to other Members.
6. Content/Activity Prohibited. The following is a partial list of the kind of Content
that is illegal or prohibited to post on or through the 2100Science Services. 2100Science.com
reserves the right to investigate and take appropriate legal action against anyone
who, in 2100Science.com's sole discretion,
violates this provision, including without limitation, removing the offending communication
from the 2100Science Services and terminating the Membership of such violators. Prohibited
Content includes, but is not limited to Content that, in the sole discretion of 2100Science.com:
a) is patently
offensive and promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual;
b) harasses or
advocates harassment of another person;
c) exploits people
in a sexual or violent manner;
d) contains nudity,
violence, or offensive subject matter or contains a link to an adult website;
e) solicits personal
information from anyone under 18;
f) provides any telephone numbers, street addresses, last names, or email addresses;
g) promotes information
that you know is false or misleading or promotes illegal activities or conduct that
is abusive, threatening, obscene, defamatory or libelous;
h) promotes an
illegal or unauthorized copy of another person's copyrighted work, such as providing
pirated computer programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music or links
to pirated music files;
i) involves the
transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant
messaging, "spimming," or "spamming";
j) contains restricted
or password only access pages or hidden pages or images (those not linked to or
from another accessible page);
k) furthers or
promotes any criminal activity or enterprise or provides instructional information
about illegal activities including, but not limited to making or buying illegal
weapons, violating someone's privacy, or providing or creating computer viruses;
l) solicits passwords
or personal identifying information for commercial or unlawful purposes from other
Users;
m) involves commercial
activities and/or sales without our prior written consent such as contests, sweepstakes,
barter, advertising, or pyramid schemes;
n) includes a
photograph of another person that you have posted without that person's consent;
or
o) for band and
filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading
or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited
on the 2100Science Website and through your use of the 2100Science Services. 2100Science.com
reserves the right to investigate and take appropriate legal action against anyone
who, in 2100Science.com's sole discretion, violates this provision, including without limitation,
reporting you to law enforcement authorities. Prohibited activity includes, but
is not limited to:
p) criminal or
tortious activity, including child pornography, fraud, trafficking in obscene material,
drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses
or other harmful files, copyright infringement, patent infringement, or theft of
trade secrets;
q) advertising
to, or solicitation of, any Member to buy or sell any products or services through
the 2100Science Services. You may not transmit any chain letters or junk email to
other Members. It is also a violation of these rules to use any information obtained
from the 2100Science Services in order to contact, advertise to, solicit, or sell
to any Member without their prior explicit consent. In order to protect our Members
from such advertising or solicitation, 2100Science.com reserves the right to restrict
the number of emails which a Member may send to other Members in any 24-hour period
to a number which 2100Science.com deems appropriate in its sole discretion. If you
breach this Agreement and send unsolicited bulk email, instant messages or other
unsolicited communications of any kind through the 2100Science
Services, you acknowledge
that you will have caused substantial harm to 2100Science.com,
but that the amount
of such harm would be extremely difficult to ascertain. As a reasonable estimation
of such harm, you agree to pay 2100Science.com $50 for each such unsolicited email
or other unsolicited communication you send through the 2100Science
Services;
r) covering or
obscuring the banner advertisements, or any 2100Science.com
page via HTML/CSS or any other means;
s) any automated
use of the system, such as using scripts to add friends or send comments or messages;
t) interfering
with, disrupting, or creating an undue burden on the 2100Science
Services or the
networks or services connected to the 2100Science Services;
u) attempting
to impersonate another Member or person;
v) using the account,
username, or password of another Member at any time or disclosing your password
to any third party or permitting any third party to access your account;
w) selling or
otherwise transferring your profile;
x) using any information obtained from the 2100Science Services in order to harass, abuse, or harm another
person;
y) displaying
an advertisement on your profile, or accepting payment or anything of value from
a third person in exchange for your performing any commercial activity on or through
the 2100Science Services on behalf of that person, such as placing commercial content
on your profile, posting blogs or bulletins with a commercial purpose, selecting
a profile with a commercial purpose, or sending private
messages with a commercial purpose; or
z) using the 2100Science
Services in a manner inconsistent with any and all applicable laws and regulations.
7. Copyright Policy. You
may not post, modify, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information belonging to others without obtaining
the prior written consent of the owner of such proprietary rights. It is the policy
of 2100Science.com to terminate Membership privileges of any Member who repeatedly
infringes the copyright rights of others upon receipt of proper notification to 2100Science.com by the copyright owner or the copyright owner's legal agent. Without
limiting the foregoing, if you believe that your work has been copied and posted
on the 2100Science Services in a way that constitutes copyright infringement, please
provide our Copyright Agent with the following information: (i) an electronic or
physical signature of the person authorized to act on behalf of the owner of the
copyright interest; (ii) a description of the copyrighted work that you claim has
been infringed; (iii) a description of where the material that you claim is infringing
is located on the 2100Science Services; (iv) your address, telephone number, and
email address; (v) a written statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or the
law; (vi) a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
8. Member Disputes. You are solely responsible for your interactions with other
2100Science.com Members. 2100Science.com
reserves the right, but has no obligation, to monitor disputes between you and other
Members.
9. Privacy. Use of the 2100Science Services is also governed by our Privacy Policy, which is incorporated
into this Agreement by this reference.
10. Disclaimers. 2100Science.com
is not responsible for any incorrect or inaccurate Content posted on the 2100Science Website or in connection with the 2100Science
Services, whether caused by Users of the 2100Science Services or by any of the equipment or programming associated with
or utilized in the 2100Science Services. Profiles created and posted by Members on
the 2100Science Website may contain links to other websites. 2100Science.com is not
responsible for the Content, accuracy or opinions expressed on such websites, and
such websites are in no way investigated, monitored or checked for accuracy or completeness
by 2100Science.com. Inclusion of any linked website on the 2100Science Services does
not imply approval or endorsement of the linked website by 2100Science.com. When
you access these third-party sites, you do so at your own risk. 2100Science.com takes
no responsibility for third party advertisements which are posted on this 2100Science Website or through the 2100Science
Services, nor does it take any responsibility
for the goods or services provided by its advertisers. 2100Science.com is not responsible
for the conduct, whether online or offline, of any User of the 2100Science Services. 2100Science.com assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, any User or Member
communication. 2100Science.com
is not responsible for any problems or technical malfunction
of any telephone network or lines, computer online systems, servers or providers,
computer equipment, software, failure of any email or players due to technical problems
or traffic congestion on the Internet or on any of the 2100Science Services or combination
thereof, including any injury or damage to Users or to any person's computer related
to or resulting from participation or downloading materials in connection with the 2100Science Services. Under no circumstances shall 2100Science.com be responsible
for any loss or damage, including personal injury or death, resulting from use of
the 2100Science Services, attendance at a 2100Science.com event, from any Content
posted on or through the 2100Science Services, or from the conduct of any Users of the 2100Science Services, whether online or offline. The 2100Science Services are
provided "AS-IS" and as available and 2100Science.com expressly disclaims any warranty
of fitness for a particular purpose or non-infringement. 2100Science.com cannot guarantee
and does not promise any specific results from use of the 2100Science Services.
11. Limitation on Liability. IN NO EVENT
SHALL 2100Science.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES
ARISING FROM YOUR USE OF THE SERVICES, EVEN IF 2100SCIENCE.COM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, 2100Science.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY,
BY YOU TO 2100SCIENCE.COM FOR THE
2100SCIENCE SERVICES DURING THE TERM OF MEMBERSHIP.
12. U.S. Export Controls. Software available in connection with the 2100Science
Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the 2100Science Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your
sole risk.
13. Disputes. If there is
any dispute about or involving the 2100Science Services,
you agree that the dispute shall be governed by the laws of the State of New York,
USA, without regard to
conflict of law provisions and you agree to exclusive personal jurisdiction and
venue in the state and federal courts of the United States located in the State
of New York.
14. Indemnity. You agree
to indemnify and hold 2100Science.com, its subsidiaries, and affiliates, and their
respective officers, agents, partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of your use of the 2100Science Services in violation of this
Agreement and/or arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth above and/or if any Content that you post
on the 2100Science Website or through the 2100Science Services causes 2100Science.com
to be liable to another.
15. Other. This Agreement
is accepted upon your use of the 2100Science Website or
any of the 2100Science Services
and is further affirmed by you becoming a Member. This Agreement constitutes the
entire agreement between you and 2100Science.com
regarding the use of the 2100Science Services. The failure of 2100Science.com to exercise or enforce any right or provision
of this Agreement shall not operate as a waiver of such right or provision. The
section titles in this Agreement are for convenience only and have no legal or contractual
effect. 2100Science.com is a trademark of 2100Science, Inc. This Agreement operates
to the fullest extent permissible by law. If any provision of this Agreement is
unlawful, void or unenforceable, that provision is deemed severable from this Agreement
and does not affect the validity and enforceability of any remaining provisions. Please
contact us
by clicking on:
http://www.2100science.com/Contact_Us.aspx
with any questions regarding
this Agreement.
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