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Legal notice, disclaimer,
and terms of use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS
SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF
YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS
SITE.
1. General. This site is owned and operated by MiniScience Inc. (herein after referred to as
MiniScience). MiniScience has the right at any time to change or discontinue
any aspect or feature of the site, including, without limitation,
the content, hours of availability, and equipment needed for
access or use of the site. These terms of use apply to all users
of MiniScience, including patrons of institutions or other libraries
and individual MiniScience members. Individual MiniScience members are limited
to a single individual.
2. Equipment. You shall be responsible for obtaining and
maintaining all telephone, computer hardware and other equipment
needed for access to and use of the site and all charges related
thereto.
3. Restrictions on Use.
A. You shall use the site for lawful purposes only. You
shall not post or transmit through the site any material that
(i) violates or infringes in any way upon the rights of others,
(ii) is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, or (iii) encourages conduct that would constitute
a criminal offense, gives rise to civil liability or otherwise
violate any law. Without MiniSciences express prior approval,
you shall not post or transmit through the site any material
that contains advertising or any solicitation with respect to
products or services. You shall not use the site to advertise
or perform any commercial solicitation, including, without limitation,
the solicitation of users to become subscribers of other on-line
information services. Any conduct by you that in MiniSciences
discretion restricts or inhibits any other user from using or
enjoying the site will not be permitted.
B. The site contains copyrighted material, trademarks and
other proprietary information, including, without limitation,
text, software, photos, video, graphics, music and sound, and
the contents of the site are copyrighted under the United States
copyright laws. You may not modify, publish, transmit, display,
participate in the transfer or sale, create derivative works,
or in any way exploit, any of the content, in whole or in part.
No copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without
the express written permission of MiniScience and the copyright owner.
In the event of any permitted copying, redistribution or publication
of copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made.
You acknowledge that you do not acquire any ownership rights
by downloading copyrighted material.
C. You shall not upload, post or otherwise make available
on the site any material protected by copyright, trademark or
other proprietary right without the express permission of the
owner of the copyright, trademark or other proprietary right
and the burden of determining that any material is not protected
by copyright rests with you. You shall be solely liable for any
damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission. By
submitting material to any public area of the site, you automatically
grant, or warrant that the owner of such material has expressly
granted MiniScience the royalty-free, worldwide, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt,
publish, display, translate and distribute such material (in
whole or in part) and/or to incorporate it in other works in
any form, media or technology now known or hereafter developed.
You also permit any other user of the site to access, view, store
or reproduce the material for that user's personal use. You grant MiniScience
the right to edit, copy, display, publish and distribute
any material made available on the site by you.
D. Your access to the site, other than to portions open
to the public, is controlled by your individual password. You
may not share your password with anyone else or permit your password
to be used to provide anyone else with access to non-public portions
of the site.
E. The foregoing provisions of Section 3 are for the benefit
of MiniScience, its subsidiaries, affiliates and its third party content
providers and licensors and each shall have the right to assert
and enforce such provisions directly or on its own behalf.
4. Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR
SOLE RISK. NEITHER MiniScience, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS
WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR
DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF
ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE
SITE.
B. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY,
THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE
OF THE SITE.
C. IN NO EVENT WILL MiniScience, OR ANY PERSON OR ENTITY INVOLVED
IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT
INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR
ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING
STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL
OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS
OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE
THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF
AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN
NO EVENT SHALL MiniSciences TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING
STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THIS SITE.
D. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF,
OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MiniScience IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH YOU.
5. Monitoring. MiniScience shall have the right, but not the
obligation, to monitor the content of the site including any
chat rooms and forums, to determine compliance with these Terms
of Use and any operating rules established by MiniScience and to satisfy
any law, regulation or authorized government request. MiniScience shall
have the right in its sole discretion to edit, refuse to post
or remove any material submitted to or posted on the site. Without
limiting the foregoing, MiniScience shall have the right to remove
any material that MiniScience in its sole discretion, finds to be in
violation of the provisions hereof or otherwise objectionable.
6. Indemnification. You agree to defend, indemnify and
hold harmless MiniScience and its affiliates and their respective directors,
officers, employees and agents from and against any and all claims,
actions, demands, damages, costs, liabilities, losses and expenses
(including reasonable attorneys' fees) arising out of your use
of the site.
7. Trademarks. MiniScience, MiniScience.com, and all page headers,
custom graphics and button icons are service marks, trademarks,
and/or trade dress of MiniScience. All rights reserved. All other trademarks
appearing on the site are the property of their respective owners.
8. Third Party Content. MiniScience is a distributor (and not
a publisher) of content supplied by third parties and users of
the site. Accordingly, MiniScience has no more editorial control over
such content than does a public library, bookstore, or newsstand.
Any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third parties,
including information providers and users, are those of the respective
author(s) or distributor(s) and not of MiniScience. In many instances,
the content available through the site represents the opinions
and judgments of the respective information provider or user. MiniScience neither endorses nor is responsible for the accuracy or
reliability of any opinion, advice or statement made on the site
by anyone other than authorized MiniScience employee spokespersons
while acting in their official capacities.
9. Changed Terms. MiniScience has the right at any time to change
or modify these Terms of Use applicable to use of the site, or
any part thereof, or to impose new conditions. Such changes,
modifications, additions or deletions shall be effective immediately
upon notice thereof, which may be given by any means including,
without limitation, posting on the site, or by electronic or
conventional mail, or by any other means. Any use of the site
by you after such notice shall be deemed to constitute acceptance
of such changes, modifications, additions or deletions.
10. Miscellaneous. These Terms of Use shall be construed
in accordance with the laws of the State of New Jersey, without
regard to its conflict of laws rules. No waiver by either party
of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default. The section
headings used herein are for convenience only and shall not be
given any legal import.
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