Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the 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 Site or use any of the services. If these terms and conditions are considered an offer by Scismic, acceptance is expressly limited to these terms.
This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, customers, vendors, merchants, contributors of content, information and other materials or services on the Site.
If you have any questions, contact us at firstname.lastname@example.org.
1. Scismic’s Services
Scismic acts as an integrated online platform designed to present data on scientific laboratories worldwide to individuals looking for positions and to foster rich and educational discussions between various stakeholders within the biomedical industry; academic and industry scientists, clinicians, and business individuals. Scismic allows you to post ratings, third party content (including third party links), and user-generated content, in order to share information and facilitate such educational discussions.
Scismic does not prescreen its users or the Content (as defined below) or information provided by users. Scismic does not verify any users, position, credentials, resume, or other qualifications. Scismic does not verify the veracity of any statements, ratings, or Content of its users. Therefore, Scismic has no control over the quality, safety, morality or legality of any Content on the Site. Scismic cannot guarantee the true identity, age, and/or nationality of a user.
You agree that Scismic is a platform only and therefore is not responsible or liable for any Content including, but not limited to, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, ratings, forum posts, and links posted by you, other users, or outside parties on Scismic.
Scismic does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Scismic's control. Scismic may also be inaccessible or inoperable due to (i) equipment malfunctions; (ii) periodic maintenance or repairs; (iii) causes beyond Scismic’s control or which are not reasonably foreseeable. You use the Scismic service at your own risk.
2. Account Registration
- Scismic's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old. Individuals under the age of 18 must at all times use Scismic's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In such cases, the adult is the user and is responsible for any and all activities and transactions that involve the applicable minor on the Site.
- You represent and warrant that all registration information you submit is accurate and truthful. Scismic may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
- In addition, you must abide by all Scismic's policies mentioned in this Agreement as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Scismic (if applicable to your activities on or use of the Site), each of which is incorporated herein by reference and each of which may be updated by Scismic from time to time without notice to you. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Scismic from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference. Below is a list of some of Scismic’s policies:
- To complete your registration, you will provide your full legal name, email address and create a password. You will also provide us with your gender, date of birth, location (country and state), the institution you are affiliated with, your department and position there, your current professional sector/industry (i.e. academia, industry, other), field of expertise, and whether or not you are seeking an industry job. You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur under your password or account. You are further responsible for any and all liability and/or damage resulting from your failure to maintain password confidentiality. It is important for you to protect against unauthorized access to your computer. Be sure to log off when you finish using a shared computer. You agree to immediately notify Scismic of any unauthorized use of your password or any breach of security. You also agree that Scismic cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Scismic without Scismic's express written permission.
- You must keep your account information up-to-date and accurate at all times, including a valid email address.
- You may not transfer or sell your Scismic account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
- Scismic's services are not available to cancelled or temporarily or indefinitely suspended Scismic users. Scismic reserves the right, in Scismic's sole discretion, to cancel unconfirmed, active or inactive accounts. Scismic reserves the right to refuse service to anyone, for any reason, at any time.
- You may find some Content on the Site to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Scismic, you agree to accept such risks and that Scismic (and Scismic's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Scismic.
- You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Scismic service
3. Scismic Membership Subscription
- Your ability to access and use your Membership commences on the date Scismic makes the Membership available to you following your registration for such Membership, and continues unless and until you cancel your Membership as provided below.
- You may cancel your Membership at any time through your account settings.
- Scismic reserves the right to modify, offer additional, or cease offering its Membership(s) at any time in its sole discretion, including but not limited to charging subscription fees (“Fees”), or modifying the features and functionality of the Site and any Membership. If we cease offering your current Membership, we will provide you with thirty (30) days prior notice (“Notice Period”) via email before changes in Memberships or Fees take effect. If any changes affect the availability of your Membership, your access to your Membership will continue until the end of the Notice Period.
- If you enter into a transaction with a third party that you discovered through our Site or that contacted you as a result of your participation on our Site and have a dispute over the goods or services you purchased, Scismic has no liability for such goods or services.
4. Reviews and Ratings
On the Site, users may post reviews and ratings and/or read reviews and ratings, concerning scientific laboratories and other resources related to the biomedical industry (“Reviews”).
You are solely responsible for all Reviews that you upload, post, email or otherwise transmit via the Site.
Liability Disclaimer for Reviews. Scismic is not liable for any statements, representations, descriptions, comments, or opinions provided by users in Reviews posted on the Site. Reviews are displayed for entertainment and informational purposes only. Scismic cannot guarantee the accuracy, integrity, or quality of Reviews. Under no circumstances will Scismic be liable in any way for any Review, including, but not limited to, any errors or omissions in any Review, or any loss or damage of any kind incurred as a result of posting a Review or the use of any content posted in a Review.
You alone are responsible for your Review, and once published, it cannot always be withdrawn. You assume all risks associated with your Review, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your Review that makes you personally identifiable. You may not imply that your Review is in any way sponsored or endorsed by Scismic.
You may expose yourself to liability if, for example, your Review contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
You represent and warrant that (i) the Reviews you submit are either original to you, or all third party rights have been fully cleared for use as contemplated by this Agreement; (ii) such Reviews do and will not, in any way, violate or breach any of the terms of this Agreement, and (iii) Scismic shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Reviews.
Once Reviews are submitted to the Site, Scismic may take any or no action with respect to such Reviews, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post such Reviews with no notice and at Scismic's sole discretion. Scismic reserves the right to screen, edit, modify, remove or disable access to any content that violates these provisions or that Scismic deems objectionable. Scismic reserves the right to screen Reviews for standard errors, profanity, indecency, mistakes, relevancy, and potential violation of third-party personal or proprietary rights (such as infringement of intellectual property rights, defamation, etc.). Without limitation of the foregoing, Scismic reserves the right to report any activity or persons (including the disclosure of appropriate user information) to appropriate law enforcement officials, regulators, or other appropriate third parties that Scismic suspects has violated any law or regulation. Scismic also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
You agree that with respect to any Review, you will not:
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a lab, institution, person or entity;
- upload, post or otherwise transmit any Review that:
- is not relevant to the product, service, person or entity being reviewed or rated.
- is based on a second-hand experience.
- you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, copyrighted material, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- is unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- contains threats, profanity, personal attacks, harassment, lewdness, hate speech, and/or other displays of bigotry.
- Contains any false or defamatory statements.
- contains private or personally identifying information of any individual, that isn’t publicly available via such individual’s employer or professional institution.
- is a demand for a payment or refund to remedy a bad experience, or otherwise using your Review as a way to extract payment from a third-party.
- is a conflict of interest (For example: you shouldn’t write reviews of your own business or employer, your friends’ or relatives’ business, your peers or competitors in your industry, or businesses in your networking group. You may not request that your employees, or contractors submit a review.)
5. Purchase of Advertising
Scismic may make opportunities available to vendors to purchase advertising or sponsored posts on the Site (“Marketing Opportunities”). The terms, conditions, and costs of such Marketing Opportunities will be available on the Site. All fees for such Marketing Opportunities will be charged to the payment method you provided and are non-refundable.
6. Prohibited, Questionable, and Infringing Content and Activities
- You are solely responsible for your conduct and activities on and regarding Scismic and any and all data, text, information, reviews, posts, usernames, graphics, images, photographs, profiles, audio, video, and links (together, "Content") that you submit, post, and display on Scismic.
- You hereby represent and warrant that you will not and your Content and your use of Scismic shall not:
- Upload, download, post, email or otherwise transmit any Content in a fraudulent manner/for the purposes of committing a fraud.
- upload, download, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, trade libelous, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
- upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark,
trade secret, copyright or other intellectual or proprietary right of any party.
- As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can't use images of celebrities or corporate products, nor images, text, or designs that you've copied from a website without written permission from the owner. You cannot create a "new" image using elements from images other people have created. You cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances.
- upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
- use the Service to harm minors in any way, including, but not limited to, uploading Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct, or upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children.
- upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.
- upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- upload, download, post, email or otherwise transmit false, inaccurate, or misleading information.
- disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, third party sites, vendor’s or customer’s sites, or networks connected to or accessible through the Site or affiliated or linked websites.
- access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
- disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites.
- frame the Site within another Site or webpage or link to the Site except as permitted in writing by Scismic or Host images not part of a listing.
- incorporate images or names that would violate a person's right of privacy or publicity; or incorporate a current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person's name or likeness without their express written consent.
- use a manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service.
- copy, modify or distribute rights or Content from the Site, service or tools or Scismic’s copyrights and trademarks.
- harvest or otherwise collect information about users, including email addresses, without their consent.
- violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- make, post, or write a fake or defamatory review or rating, trading reviews with others, or compensating someone or being compensated to write, change, or remove a review or rating.
- take any action that may undermine online reviews or feedback.
- appear to create liability for Scismic or cause Scismic to lose (in whole or in part) the services of Scismic's ISPs or other suppliers.
- promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes.
- You acknowledge that Scismic does not pre-screen submitted Content, but that Scismic and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. Scismic does not endorse any Content submitted to the Site by any user or other licensor, or any opinion, claim, recommendation, or advice expressed therein, and Scismic expressly disclaims any and all liability in connection with any Content. Without limiting the foregoing, Scismic and its designees shall have the right to remove, without prior notice, any Content that violates the Agreement or is otherwise objectionable to Scismic. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
- You acknowledge and agree that you alone are responsible for the creation and compilation of your Content.
- You agree that you are responsible for actions and communications undertaken under your account. Scismic takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against Scismic and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Site. You agree to indemnify Scismic and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.
- You agree that you will use this Site in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
7. Rights to and Use of Content
- By posting Content on Scismic, it is possible for an outside website or a third party to re-post that Content. You agree to hold Scismic harmless for any dispute concerning this use. If you choose to display your own Scismic-hosted image on another website, the image must provide a link back to its listing page on Scismic.
- Scismic considers any solicited or unsolicited suggestions, ideas, proposals, content of any notes, messages, e-mails, postings, letters, concepts or other material submitted to it by users via the Site or otherwise (other than the account information, personal information, and Content) (collectively, the "Material") to be non-confidential and non-proprietary, and Scismic shall not be liable for the disclosure or use of such Material. If, at Scismic's request, any user sends Material to improve the site (for example through the Forums or to customer support), Scismic will also consider that Material to be non-confidential and non-proprietary and Scismic will not be liable for use or disclosure of the Material. Any communication by you to Scismic is subject to this Agreement. The intellectual property rights in or relating to the Material will automatically be deemed to be assigned, granted and transferred by you to Scismic upon their submission or communication to Scismic, and you do assign all rights therein to Scismic and agree that the same will automatically become the property of Scismic and that Scismic may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose, commercial or otherwise, Scismic may elect, forever, without compensation or accounting to you and without further recourse by you.
- YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT. YOU HEREBY REPRESENT AND WARRANT TO US THAT THIS AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.
8. Third Party Sites
9. Resolution of Disputes and Release
- In the event a dispute arises between you and Scismic, please contact Scismic. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Middlesex County, Massachusetts, using the English language in accordance with the Arbitration Rules and Procedures of American Arbitration Association ("AAA") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected in accordance with the Arbitration Rules and Procedures of AAA. The arbitrator’s award shall be final and binding. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the District of Massachusetts, Middlesex County. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Scismic agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
- You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Massachusetts. You further agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim is initiated in court rather than in arbitration you and Scismic waive any right to a jury trial.
- In the event a dispute arises between you and another user or a third party, Scismic encourages you to contact the user or third party to resolve the dispute amicably. If you have a dispute with one or more users or vendors you release Scismic (and Scismic’s 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 may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
- You release Scismic (and Scismic's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
10. Scismic's Intellectual Property
- Scismic, and other Scismic graphics, logos, designs, page headers, button icons, scripts, and service names are copyrights, registered trademarks, trademarks or trade dress of Scismic, LLC. in the U.S. and/or other countries. Scismic's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion to consumers or in any manner that disparages or discredits Scismic. All other trademarks not owned by Scismic that appear on this site are the property of their respective owners.
- You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Scismic, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorization of Scismic or the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright and other intellectual property laws.
- You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any Scismic API or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Other than as expressly provided under these terms, you agree not to reproduce, duplicate, copy, sell, resell or exploit for other commercial purposes, any portion of the Site, without Scismic’s express written consent.
12. Access and Interference
- Take any action that imposes, or may impose, in Scismic's sole discretion, an unreasonable or disproportionately large load on Scismic's infrastructure
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in this Agreement or otherwise without the prior express written permission of Scismic and the appropriate third party, as applicable
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- Bypass Scismic's robot exclusion headers or other measures Scismic may use to prevent or restrict access to Scismic
- Without limiting any other remedies or abilities, Scismic may, without notice, and without refunding any fees, delay or immediately remove Content, warn Scismic's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
- Scismic reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on Scismic.
- Scismic’s failure to act with respect to a breach by you or others does not waive Scismic’s right to act with respect to subsequent or similar breaches.
14. No Warranty
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. SCISMIC, SCISMIC'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SCISMIC'S SUPPLIERS PROVIDE SCISMIC'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SCISMIC, SCISMIC'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SCISMIC'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SCISMIC SHALL CREATE ANY WARRANTY. SCISMIC DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASE OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR (D) THAT DEFECTS, IF ANY WILL BE CORRECTED, OR (E) THERE WON’T BE ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND OR ANY AND ALL PERSONAL INFORMATION AND OR FINANCIAL INFORMATION STORED THEREIN, OR (G) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY WILL BE MONITORED OR PREVENTED. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
15. Liability Limit
IN NO EVENT SHALL SCISMIC, AND (AS APPLICABLE) SCISMIC'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SCISMIC'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, SCISMIC'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
SCISMIC'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF SCISMIC'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO SCISMIC IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD SCISMIC AND (AS APPLICABLE) SCISMIC'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE, SUBMITTED CONTENT, BREACH OF THIS AGREEMENT, OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
17. DMCA and Intellectual Property Rights Policy
As Scismic asks that others respect its intellectual property rights, Scismic respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright or trademark, you are encouraged to notify Scismic in accordance with Scismic’s Digital Millennium Copyright Act (“DMCA”) Policy (see below). Scismic will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material that are contained on the Site. Scismic may terminate a user’s access to and use of the Site at Scismic’s sole discretion if Scismic determines that the user is or may be infringing on the copyrights or other intellectual property rights of Scismic or others.
DMCA/IP Notification Policy: To notify Scismic of infringing or unlawful Content, please provide Scismic with the following information:
- Your name, address, telephone number and e-mail address;
- A description of the exact location on the Site of the infringing or unlawful content;
- A description of the claimed infringing or unlawful content, specifying which parts you believe infringe or are unlawful and which parts you believe should be removed;
- In the event that you believe that the content infringes your rights, please include a detailed statement specifying your asserted rights and why the content infringes them;
- In the event that you believe that the content is unlawful, please include a detailed statement specifying why you believe that the content breaches a particular law; and
- A sworn and signed statement that the information provided is accurate and that you are directly or indirectly damaged by the content.
Scismic takes such notices very seriously. Scismic will evaluate the provided notice and if appropriate, based on Scismic’s sole discretion, remove the content or disable access to the content. Based on Scismic’s judgment, Scismic may notify the source of the content of your complaint and Scismic’s actions in response to your complaint. Scismic reserves the right in Scismic’s sole discretion to restore such content if the source of such content provides evidence that the content should not have been removed. Scismic encourages you to seek the advice of an independent attorney before filing an intellectual property notice or responding to a notice filed by another user.
Scismic may be notified of claims of intellectual property infringement by mailing or emailing the above requested information to
34 East Wyoming Avenue
Melrose, MA 02176
Attn: Elizabeth Wu
Because the Site allows content to be posted from third parties and third-party websites, there is a chance that the ability to remove any allegedly infringing content will be out of Scismic’s control. While Scismic will make a good faith effort to remove the allegedly infringing content, once content is posted from Scismic to any third-party website, Scismic will have no control or ability to remove such content. If you believe your copyright has been infringed by a Scismic user posting content from a third-party website or to a third-party website, we strongly suggest you contact the third party or third-party site directly and request the allegedly infringing material be taken down.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
20. Scismic Services
21. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the Commonwealth of Massachusetts, excluding its conflicts of laws rules, and the United States of America.
Sections 1 (Scismic’s Services), 4 (Reviews and Ratings), 5 (Purchase of Advertising), 6 (Prohibited, Questionable, and Infringing Content Activities), 7 (Rights to and Use of Content), 8 (Third Party Sites), 9 (Resolution of Disputes and Release), 10 (Scismic's Intellectual Property), 11 (Promotions), 12 (Access and Interference), 13 (Breach), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (DMCA and Intellectual Property Rights Policy), 18 (Severability), 21 (Choice of Law), 22 (Survival) shall survive any termination or expiration of this Agreement.
Scismic may assign its rights and responsibilities hereunder without notice to you.
These terms and conditions will inure to the benefit of Scismic’s successors, assigns and licensees. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The failure of Scismic to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such rights or provisions.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Scismic; Attn: Legal Department; 34 East Wyoming Avenue, Melrose, MA 02176 (in the case of Scismic) or, in your case, to the email address you provide to Scismic (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Scismic may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Scismic. In such case, notice shall be deemed given three days after the date of mailing.
Updated: March 3, 2018