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Terms of Service
Terms of Service
The gist:
We (the folks at USMolecular) run a service called USMolecular.com and would
love for you to use it. Our basic service is free. Our service is designed to
give you as much control and ownership over what goes on your post as possible
and encourage you to express yourself freely. However, be responsible in what
you post. In particular, make sure that none of the prohibited items listed
below appear on your post or get linked to from your post (things like spam,
viruses, or hate content).
You can check our page on types of posts to get a sense of the types of sites
that are welcome on our service (or not!). If you find a USMolecular.com post
that you believe violates our terms of service, please check our complaints
page.
Terms of Service:
The following terms and conditions govern all use of the USMolecular.com website
and all content, services and products available at or through the website,
including, but not limited to, the USMolecular.com VIP hosting service (“VIP
Service”), (taken together, the Website). The Website is owned and operated
by USMolecular, (“USMolecular”). The Website is offered subject
to your acceptance without modification of all of the terms and conditions contained
herein and all other operating rules, policies (including, without limitation,
USMolecular’s Privacy Policy) and procedures that may be published from
time to time on this Site by USMolecular (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website.
By accessing or using any part of the web site, you agree to become bound by
the terms and conditions of this agreement. If you do not agree to all the terms
and conditions of this agreement, then you may not access the Website or use
any services. If these terms and conditions are considered an offer by USMolecular,
acceptance is expressly limited to these terms. The Website is available only
to individuals who are at least 13 years old.
1. Your USMolecular.com Account and Site. If you create a post on the Website,
you are responsible for maintaining the security of your account and post, and
you are fully responsible for all activities that occur under the account and
any other actions taken in connection with the post. You must not describe or
assign keywords to your post in a misleading or unlawful manner, including in
a manner intended to trade on the name or reputation of others, and USMolecular
may change or remove any description or keyword that it considers inappropriate
or unlawful, or otherwise likely to cause USMolecular liability. You must immediately
notify USMolecular of any unauthorized uses of your post, your account or any
other breaches of security. USMolecular will not be liable for any acts or omissions
by You, including any damages of any kind incurred as a result of such acts
or omissions.
2. Responsibility of Contributors. If you operate a post, comment on a post,
post material to the Website, post links on the Website, or otherwise make (or
allow any third party to make) material available by means of the Website (any
such material, “Content”), You are entirely responsible for the content
of, and any harm resulting from, that Content. That is the case regardless of
whether the Content in question constitutes text, graphics, an audio file, or
computer software. By making Content available, you represent and warrant that:
* the downloading, copying and use of the Content will not infringe the
proprietary rights, including but not limited to the copyright, patent, trademark
or trade secret rights, of any third party;
* if your employer has rights to intellectual property you create, you have
either (i) received permission from your employer to post or make available
the Content, including but not limited to any software, or (ii) secured from
your employer a waiver as to all rights in or to the Content;
* you have fully complied with any third-party licenses relating to the
Content, and have done all things necessary to successfully pass through to
end users any required terms;
* the Content does not contain or install any viruses, worms, malware, Trojan
horses or other harmful or destructive content;
* the Content is not spam, is not machine- or randomly-generated, and does
not contain unethical or unwanted commercial content designed to drive traffic
to third party sites or boost the search engine rankings of third party sites,
or to further unlawful acts (such as phishing) or mislead recipients as to
the source of the material (such as spoofing);
* the Content is not libelous or defamatory (more info on what that means),
does not contain threats or incite violence towards individuals or entities,
and does not violate the privacy or publicity rights of any third party;
* your post is not getting advertised via unwanted electronic messages such
as spam links on newsgroups, email lists, other posts and web sites, and similar
unsolicited promotional methods;
* your post is not named in a manner that misleads your readers into thinking
that you are another person or company. For example, your post’s URL
or name is not the name of a person other than yourself or company other than
your own; and
* you have, in the case of Content that includes computer code, accurately
categorized and/or described the type, nature, uses and effects of the materials,
whether requested to do so by USMolecular or otherwise.
3. By submitting Content to USMolecular for inclusion on your Website, you
grant USMolecular a world-wide, royalty-free, and non-exclusive license to reproduce,
modify, adapt and publish the Content solely for the purpose of displaying,
distributing and promoting your post. If you delete Content, USMolecular will
use reasonable efforts to remove it from the Website, but you acknowledge that
caching or references to the Content may not be made immediately unavailable.
4. Without limiting any of those representations or warranties, USMolecular
has the right (though not the obligation) to, in USMolecular’s sole discretion
(i) refuse or remove any content that, in USMolecular’s reasonable opinion,
violates any USMolecular policy or is in any way harmful or objectionable, or
(ii) terminate or deny access to and use of the Website to any individual or
entity for any reason, in USMolecular’s sole discretion. USMolecular will
have no obligation to provide a refund of any amounts previously paid.
5. Responsibility of Website Visitors. USMolecular has not reviewed, and cannot
review, all of the material, including computer software, posted to the Website,
and cannot therefore be responsible for that material’s content, use or
effects. By operating the Website, USMolecular does not represent or imply that
it endorses the material there posted, or that it believes such material to
be accurate, useful or non-harmful. You are responsible for taking precautions
as necessary to protect yourself and your computer systems from viruses, worms,
Trojan horses, and other harmful or destructive content. The Website may contain
content that is offensive, indecent, or otherwise objectionable, as well as
content containing technical inaccuracies, typographical mistakes, and other
errors. The Website may also contain material that violates the privacy or publicity
rights, or infringes the intellectual property and other proprietary rights,
of third parties, or the downloading, copying or use of which is subject to
additional terms and conditions, stated or unstated. USMolecular disclaims any
responsibility for any harm resulting from the use by visitors of the Website,
or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites. We have not reviewed, and cannot review,
all of the material, including computer software, made available through the
websites and webpages to which USMolecular.com links, and that link to USMolecular.com.
USMolecular does not have any control over those non-WordPress websites and
webpages, and is not responsible for their contents or their use. By linking
to a non-WordPress website or webpage, USMolecular does not represent or imply
that it endorses such website or webpage. You are responsible for taking precautions
as necessary to protect yourself and your computer systems from viruses, worms,
Trojan horses, and other harmful or destructive content. USMolecular disclaims
any responsibility for any harm resulting from your use of non-WordPress websites
and webpages.
7. Copyright Infringement and DMCA Policy. As USMolecular asks others to respect
its intellectual property rights, it respects the intellectual property rights
of others. If you believe that material located on or linked to by USMolecular.com
violates your copyright, you are encouraged to notify USMolecular in accordance
with USMolecular’s Digital Millennium Copyright Act (”DMCA”)
Policy. USMolecular will respond to all such notices, including as required
or appropriate by removing the infringing material or disabling all links to
the infringing material. In the case of a visitor who may infringe or repeatedly
infringes the copyrights or other intellectual property rights of USMolecular
or others, USMolecular may, in its discretion, terminate or deny access to and
use of the Website. In the case of such termination, USMolecular will have no
obligation to provide a refund of any amounts previously paid to USMolecular.
8. Intellectual Property. This Agreement does not transfer from USMolecular
to you any USMolecular or third party intellectual property, and all right,
title and interest in and to such property will remain (as between the parties)
solely with USMolecular. USMolecular, WordPress, USMolecular.com, the USMolecular.com
logo, and all other trademarks, service marks, graphics and logos used in connection
with USMolecular.com, or the Website are trademarks or registered trademarks
of USMolecular or USMolecular’s licensors. Other trademarks, service marks,
graphics and logos used in connection with the Website may be the trademarks
of other third parties. Your use of the Website grants you no right or license
to reproduce or otherwise use any USMolecular or third-party trademarks.
9. Changes. USMolecular reserves the right, at its sole discretion, to modify
or replace any part of this Agreement. It is your responsibility to check this
Agreement periodically for changes. Your continued use of or access to the Website
following the posting of any changes to this Agreement constitutes acceptance
of those changes. USMolecular may also, in the future, offer new services and/or
features through the Website (including, the release of new tools and resources).
Such new features and/or services shall be subject to the terms and conditions
of this Agreement.
10. Termination. USMolecular may terminate your access to all or any part
of the Website at any time, with or without cause, with or without notice, effective
immediately. If you wish to terminate this Agreement or your USMolecular.com
account (if you have one), you may simply discontinue using the Website. Notwithstanding
the foregoing, if you have a VIP Services account, such account can only be
terminated by USMolecular if you materially breach this Agreement and fail to
cure such breach within thirty (30) days from USMolecular’s notice to you
thereof; provided that, USMolecular can terminate the Website immediately as
part of a general shut down of our service. All provisions of this Agreement
which by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers, indemnity
and limitations of liability.
11. Disclaimer of Warranties. The Website is provided “as is”. USMolecular
and its suppliers and licensors hereby disclaim all warranties of any kind,
express or implied, including, without limitation, the warranties of merchantability,
fitness for a particular purpose and non-infringement. Neither USMolecular nor
its suppliers and licensors, makes any warranty that the Website will be error
free or that access thereto will be continuous or uninterrupted. If you’re
actually reading this, here’s a treat. You understand that you download
from, or otherwise obtain content or services through, the Website at your own
discretion and risk.
12. Limitation of Liability. In no event will USMolecular, or its suppliers
or licensors, be liable with respect to any subject matter of this agreement
under any contract, negligence, strict liability or other legal or equitable
theory for: (i) any special, incidental or consequential damages; (ii) the cost
of procurement or substitute products or services; (iii) for interruption of
use or loss or corruption of data; or (iv) for any amounts that exceed the fees
paid by you to USMolecular under this agreement during the twelve (12) month
period prior to the cause of action. USMolecular shall have no liability for
any failure or delay due to matters beyond their reasonable control. The foregoing
shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty. You represent and warrant that (i)
your use of the Website will be in strict accordance with the USMolecular Privacy
Policy, with this Agreement and with all applicable laws and regulations (including
without limitation any local laws or regulations in your country, state, city,
or other governmental area, regarding online conduct and acceptable content,
and including all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside) and (ii)
your use of the Website will not infringe or misappropriate the intellectual
property rights of any third party.
14. Indemnification. You agree to indemnify and hold harmless USMolecular,
its contractors, and its licensors, and their respective directors, officers,
employees and agents from and against any and all claims and expenses, including
attorneys’ fees, arising out of your use of the Website, including but
not limited to out of your violation this Agreement.
15. Miscellaneous. This Agreement constitutes the entire agreement between
USMolecular and you concerning the subject matter hereof, and they may only
be modified by a written amendment signed by an authorized executive of USMolecular,
or by the posting by USMolecular of a revised version. Except to the extent
applicable law, if any, provides otherwise, this Agreement, any access to or
use of the Website will be governed by the laws of the state of California,
U.S.A., excluding its conflict of law provisions, and the proper venue for any
disputes arising out of or relating to any of the same will be the state and
federal courts located in San Francisco County, California. Except for claims
for injunctive or equitable relief or claims regarding intellectual property
rights (which may be brought in any competent court without the posting of a
bond), any dispute arising under this Agreement shall be finally settled in
accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration
and Mediation Service, (“JAMS”) by three arbitrators appointed
in accordance with such Rules. The arbitration shall take place in San Francisco,
California, in the English language and the arbitral decision may be enforced
in any court. The prevailing party in any action or proceeding to enforce this
Agreement shall be entitled to costs and attorneys’ fees. If any part of
this Agreement is held invalid or unenforceable, that part will be construed
to reflect the parties’ original intent, and the remaining portions will
remain in full force and effect. A waiver by either party of any term or condition
of this Agreement or any breach thereof, in any one instance, will not waive
such term or condition or any subsequent breach thereof. You may assign your
rights under this Agreement to any party that consents to, and agrees to be
bound by, its terms and conditions; USMolecular may assign its rights under
this Agreement without condition. This Agreement will be binding upon and will
inure to the benefit of the parties, their successors and permitted assigns.