BioNews Services Terms of Service
Last Updated – February 20, 2019
BioNews Services provides its users with a digital media platform focused on the biotechnology, life science and academic research industries in the State of Services via the bionewsservices.com URL, or any other URL provided by BioNews Services (collectively, the “Website”), and/or any other digital media platform accessed its users (the “Platform” and together with the Website, the “BioNews Services Service”). BioNews Services, LLC, a Texas limited liability company (“BioNews Services”, “we” or “us”).
Your use of the BioNews Services Service is subject to the terms and conditions set forth in these Terms of Service (the “Terms of Service”).
PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE BIONEWS SERVICES SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND TO ALL THE TERMS OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE BIONEWS SERVICES SERVICE. USE OF THE BIONEWS SERVICES SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.
The BioNews Services Service is meant for those at least thirteen (13) years of age. Use of the BioNews Services Service by anyone under the age of 13 is a violation of the Terms of Service. If you are under the age of 18, you represent that you have the consent of a parent or legal guardian to use and access the BioNews Services Service.
3. Intellectual Property. You acknowledge that all materials and content on the BioNews Services Service, including the Website design, Platform design, graphics, text, articles, works of authorship, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of BioNews Services and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. BioNews Services authorizes you to view, download, and/or print the Materials only for personal, non-commercial, internal use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, perform, transmit, scrape, exploit, reverse engineer, decompile, disassemble, create derivative works, or otherwise use any of the Materials in any form or by any means, without the prior written authorization of BioNews Services or the respective copyright owner. In an absence of a written agreement, you may not modify, edit, alter, change, or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress, and logos (collectively, “Marks”) contained or described at the BioNews Services Service are the sole property of BioNews Services and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of BioNews Services and/or its licensors. BioNews Services reserves the right to enforce its intellectual property rights to the fullest extent of the law. For the avoidance of doubt, your use of the BioNews Services Service is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein or in any part thereof through the Terms of Service or otherwise. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the BioNews Services Service are either the property of BioNews Services, its affiliates or licensors. BioNews Services retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. All rights not expressly granted herein by BioNews Services to you are fully reserved by BioNews Services, its advertisers and licensors. Some of the company and product names, logos, brands, and other trademarks featured or referred to within the BioNews Services Service may not be owned by us, and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse, BioNews Services, LLC, the BioNews Services Service, our products and services, the Website and/or the Platform.
4. Mobile Participants. You understand and agree that various entities unaffiliated with us make up the “mobile ecosystem” that enables you to access, visit and/or use the BioNews Services Service via your computer, tablet, mobile, or other device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of content for use with the BioNews Services Service. We do not represent, warrant or guarantee that all portions of the BioNews Services Service, or the BioNews Services Service as a whole, can be accessed via all mobile or other devices, or via all carriers and service plans or is available in all geographic locations.
5. Third Party Sites. Links provided via the BioNews Services Service to third party websites and services are provided only as a convenience. If you use these links, you may leave the BioNews Services Service. BioNews Services does not control nor endorse any such third party websites. You agree that the BioNews Services Parties, as defined below, will not be responsible or liable for any content, goods or services provided by such third party websites or for your use or inability to use such third party websites. You will use such links at your own risk. Your interactions with organizations and/or individuals found on or through the BioNews Services Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You are advised that other websites on the Internet, including third party websites linked from the BioNews Services Service, might contain material or information: (a) that some people may find offensive or inappropriate; (b) that is inaccurate, untrue, misleading or deceptive; or (c) that is defamatory, libelous, infringing of others’ rights, or otherwise unlawful. BioNews Services expressly disclaims any responsibility for the content, legality, decency, or accuracy of any information, content, products, and services that appear on any third party website.
6. Your Use of the BioNews Services Service. You may be required to establish an account in order to use the BioNews Services Service and/or take advantage of certain features. If so, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the BioNews Services Service; and (b) as permitted, maintain, and promptly update such information. If you provide any information that is false, inaccurate, or outdated, or BioNews Services has reasonable grounds to suspect that such information is false, inaccurate, or outdated, BioNews Services has the right to suspend or terminate your account.
You are responsible for maintaining the confidentiality of your password, account information, and account, and you are fully responsible for all activities that occur under your account. Your account is meant to be private and you shall not share accounts for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the BioNews Services Service, including charges resulting from unauthorized use of your account.
You agree to use the BioNews Services Service only for lawful purposes and that you are responsible for your use of and communications and content you may post via the BioNews Services Service. You agree not to post or transmit any unlawful, illegal, infringing, threatening, harassing, defamatory, tortious, slanderous, libelous, vulgar, obscene, profane, indecent, pornographic or otherwise sexually explicit, offensive, hateful, abusive, derogatory, inappropriate, or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, violates other’s rights of privacy, infringes or violates any right of a third party or any domestic or international law, rule, or regulation, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to use the BioNews Services Service in any manner that interferes with its normal operation or with any other user’s use of the BioNews Services Service.
You may not do any of the following while accessing or using the BioNews Services Service: (i) access, tamper with, or use non-public areas of the BioNews Services Service, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the BioNews Services Service by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the BioNews Services Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the BioNews Services Service, or otherwise creating an undue burden on the BioNews Services Service.
You may not use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the BioNews Services Service. You will not decompile, reverse engineer, disassemble, or otherwise attempt to obtain the source code of any part of the BioNews Services Service. You further agree that you will not access the BioNews Services Service by any means except through the interface provided by BioNews Services for access to the BioNews Services Service. Creating or maintaining any link from another application to any page at the BioNews Services Service without the prior authorization of BioNews Services is prohibited. Running or displaying the BioNews Services Service, or any information or material displayed via the BioNews Services Service in frames or through similar means on another website or application without the prior authorization of BioNews Services is prohibited. Any permitted links to the BioNews Services Service must comply with all applicable laws, rule and regulations. BioNews Services makes no representation that Materials contained, described, or offered via the BioNews Services Service are accurate, appropriate, lawful, or available for use in jurisdictions outside the United States, or that these Terms of Service comply with the laws of any other country. Visitors who use the BioNews Services Service and reside outside the United States do so on their own initiative and are responsible for compliance with all applicable law. You agree that you will not access the BioNews Services Service from any territory where its contents are illegal, and that you, and not the BioNews Services Parties, are responsible for compliance with applicable law.
7. Communications to You. The communications between you and us usually use electronic means, whether you access, visit or use the BioNews Services Service, send us messages, or whether we post notices on the BioNews Services Service or communicate with you via messaging. For contractual purposes, you: (a) consent to receive communications from us in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so applies to all of your interactions and transactions with us.
8. Content. All Content is the sole responsibility of the person who originated such content. You acknowledge that all Content transmitted, provided ,or accessed by you using the BioNews Services Service, is at your own risk and that you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You remain solely responsible for all Content that you transmit in connection with the BioNews Services Service, and you warrant that you possess all rights necessary to provide such Content. We reserve the right to remove any objectionable Content in our sole discretion.
For purposes of these Terms of Service, the term “Content” includes, without limitation, any information, text, reviews, videos, audio clips, comments, information, data, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible through the BioNews Services Service.
If you provide to BioNews Services any Content, you agree, acknowledge, and understand that by providing such Content you will hereby grant us a non-exclusive, worldwide, royalty free, perpetual, irrevocable, fully paid-up, sublicensable and transferable right to fully use and exploit such Content (including all related intellectual property rights) in connection with our business, for any purpose whatsoever, commercial or otherwise, including the right to reproduce, modify, adapt, edit, publish, translate, create derivative works from, distribute, perform, and display Materials without compensation to you. If there is any doubt or ambiguity about whether there has been an actual submission of Content by you, such materials shall be collectively and conclusively deemed to be Content for purposes of these Terms of Service.
By submitting Content to BioNews Services, you hereby appoint us as your agent with the power to enter into and execute any contract, document, and/or do any act that we consider appropriate to confirm the grant of rights set forth in these Terms of Service.
By submitting Content, you waive any privacy expectations you may have with regard to the Content. You agree that any Content you submit is not being provided in confidence or trust, and that no confidential or fiduciary relationship is intended or created between you and BioNewsServices in any way, with respect to the Content or otherwise.
Any and all Content submitted by you must be original, truthful, and created solely by you. You shall not submit any Content that: 1) contains any obscene, offensive, libelous, defamatory, tortuous, derogatory, unlawful, abusive, threatening, harassing, discriminatory, false, pornographic, or otherwise inappropriate material, 2) contains any confidential information or information that could identify any third party, 3) infringes any rights of any third party, including, but not limited to, copyright, patent, trademark, privacy and publicity rights, 4) contains information to which a third party has rights to, 5) contains any medical advice or offers a diagnosis, or 4) violates any law or regulation.
You are liable for any injury or damages caused or claimed to be caused by any and all Content you submit, and you agree to indemnify, release, and hold harmless BioNews Services, our affiliates, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns harmless from and against any and all claims, actions, losses, damages, liabilities, injuries, causes of action, and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) whatsoever that are in any way caused by, arise out of, or result from, your creation and submission of the Content, or the use of the Content or any works derived from the Content, incurred by the indemnified, on any legal theory whatsoever, including without limitation, claims for copyright, invasion of privacy, and defamation.
9. Monitoring. We strive to provide an enjoyable online experience for our users, so we may monitor activity on the BioNews Services Service, including as applicable, in the social, community, and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, personal/job search and other classified ads, and elsewhere. Nevertheless, we do not make any representations, warranties or guarantees that: (1) the BioNews Services Service, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent or intended statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance. We typically do not pre-screen Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Service by users, so you acknowledge that you may be exposed to content that is opinionated, offensive, and/or inappropriate.
10. Sensitive Information Disclaimer.
a. This Service may contain information relating to various medical conditions and their treatment, as well as other fields and topics. While you may freely discuss topics of interest to you, and the BioNews Services Service may include general content relating to a range of topics, including medical, health, legal, tax, or financial issues, you should not rely on the BioNews Services Service for advice on such issues, whether in your individual capacity or otherwise. Instead, we recommend that you talk in person with a qualified professional for advice on matters within those subject areas. You alone will bear the sole responsibility for evaluating the merits and/or risks associated with use of content obtained on or through the BioNews Services Service before making any decisions based on such content.
b. THE CONTENT AVAILABLE ON OR THROUGH THIS SERVICE IS IN NO WAY INTENDED TO AND SHALL NOT BE CONSTRUED TO: (A) CONSTITUTE PROFESSIONAL MEDICAL, HEALTH, LEGAL, TAX, OR FINANCIAL ADVICE; OR (B) DIAGNOSE, CURE, OR TREAT ANY MEDICAL, HEALTH OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL. FOR EXAMPLE, SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW TREATMENT AND ASK YOUR DOCTOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS, WE AND OUR LICENSORS, VENDORS, AND/OR SERVICE PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT OBTAINED ON OR THROUGH THIS SERVICE.
c. YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED ON THE SITE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU ARE ENCOURAGED TO SEEK PROFESSIONAL MEDICAL DIAGNOSIS AND TREATMENT FOR ANY MEDICAL CONDITION, AND TO DISCUSS INFORMATION ABOUT FROM THE SITE WITH YOUR HEALTHCARE PROVIDER. INFORMATION PROVIDED ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES AND IS IN NO WAY INTENDED TO SUBSTITUTE CONSULTING A MEDICAL PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS. YOUR USE OF INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. RESULTS GENERATED FROM OUR DATABASE ARE NOT, AND SHOULD NOT BE CONSIDERED AS, MEDICAL ADVICE. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, STUDIES, PROTOCOLS, TREATMENTS, PHYSICIANS, PROCEDURES, OPINIONS, PRODUCTS OR OTHER INFORMATION THAT MAY APPEAR ON THE SITE OR ON LINKS REACHED THROUGH THE SITE. If you rely on any of the information provided by the Site, you do so solely at your own risk. In view of the constant advances in medical knowledge and differences of opinion among medical authorities, you are advised to confirm information on the Site with your healthcare provider. We have no control over, and cannot guarantee the availability of any clinical trial at any particular time. We will not be liable for cancelled clinical trials or your inability to participate in clinical trials or any injury resulting there from. Studies presented on the Site may not be approved by the participating medical center’s institutional review board, may be cancelled, or may not be enrolling patients.
11. Comments on the Service are Not Necessarily Endorsed by Us. We do not necessarily endorse, support, adopt, sanction, encourage, verify, or agree with the comments, opinions, or statements posted, uploaded, transmitted, sent or otherwise made available on or through the BioNews Services Service, including without limitation in our social, community, and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, columns, articles, personal/job search and other classified ads, contests/sweepstakes, or elsewhere. Any content posted, uploaded, transmitted, sent or otherwise made available on or through the BioNews Services Service, including advice and opinions, are the views and responsibility of those who post the content and do not necessarily represent our views or the views of our licensors, vendors, and/or service providers. You agree that we and our licensors, vendors, and/or service providers are not responsible, and shall have no liability to you, with respect to any content posted, uploaded, transmitted, sent or otherwise made available on the BioNews Services Service.
12. Representations. You expressly agree, represent, warrant, and/or acknowledge that: a. BioNews Services does not warrant or guarantee the suitability or availability of any Material or Content, including without limitation any data, products or services, found through the BioNews Services Service. b. BioNews Services does not screen the authenticity or quality of any Material or Content or any provider of Material or Content, including without limitation any data, products, or services found through the BioNews Services Service. c. BioNews Services makes no representations or promises regarding any Material or Content, and that many of the Material or Content provided via the BioNews Services Service may be owned or licensed by third parties. d. BioNews Services is not a party to any transaction between you and any provider of products or services via the BioNews Services Service. Any dispute shall be resolved between yourself and the provider of such products or services. e. Any information, including any data, Materials, or Content on the BioNews Services Service, including on any Facebook or Twitter page, are for informational purposes only. f. You assume all risk when using the BioNews Services Service, including all of the risks associated with any online or offline interactions with other users, providers of products and services, and from additional fees or charges from your mobile carrier.
13. Warranties, Disclaimers and Limitations of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE BIONEWS SERVICES SERVICE IS AT YOUR SOLE RISK. THE BIONEWS SERVICES SERVICE AND THE ASSOCIATED MATERIALS AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, BIONEWS SERVICES, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “BIONEWS SERVICES PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE BIONEWS SERVICES PARTIES MAKE NO WARRANTY THAT: (I) THE BIONEWS SERVICES SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE BIONEWS SERVICES SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED VIA THE BIONEWS SERVICES SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY AND ALL PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, INCLUDING ALL MERCHANDISE, GOODS AND SERVICES, OBTAINED OR PURCHASED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE BIONEWS SERVICES SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE BIONEWS SERVICES SERVICE WILL BE CORRECTED. THE BIONEWS SERVICES PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE BIONEWS SERVICES SERVICE, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE BIONEWS SERVICES SERVICE; (V) FOR ANY DISPUTES BETWEEN USERS OF THE BIONEWS SERVICES SERVICE OR BETWEEN A USER OF THE BIONEWS SERVICES SERVICE AND A THIRD PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO THE BIONEWS SERVICES SERVICE OR ANY THIRD PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES THE BIONEWS SERVICES PARTIES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BIONEWS SERVICES AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE BIONEWS SERVICES SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE BIONEWS SERVICES PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE CHARGES, IF ANY, PAID BY YOU DIRECTLY TO BIONEWS SERVICES VIA THE BIONEWS SERVICES SERVICE FOR SERVICES PROVIDED SOLELY AND DIRECTLY BY BIONEWS SERVICES TO YOU IN THE SIX MONTHS PRIOR TO SUCH CAUSE OR CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
14. Indemnification. You agree to indemnify, defend and hold harmless the BioNews Services Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees, court costs, expert fees, and other costs), resulting or arising from or relating to your use of the BioNews Services Service, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through the BioNews Services Service, your breach of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to the BioNews Services Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
15. Applicable Law and Jurisdiction. Your use of the BioNews Services Service is governed by and will be enforced under the laws of Florida, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Escambia County, Florida. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. Any controversy, claim, suit, injury or damage arising from or in any way related to the BioNews Services Service or these Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator chosen by BioNews Services. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. BioNews Services may seek any interim or preliminary relief from a court of competent jurisdiction in Escambia County, Florida necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF THE BIONEWS SERVICES SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
16. Procedure for Notifying the Company of Copyright Infringement. Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact our Copyright Agent at the address listed below and provide us with the following information:
a. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
b. Identification of the copyrighted work claimed to have been infringed.
c. Information describing where the allegedly infringing material is located on the BioNews Services Service.
d. Your address, telephone number, and email address.
e. 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.
f. A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
The foregoing information may be emailed to [email protected] or mailed to our Copyright Agent at the following address:
Copyright Agent – BioNews Services, LLC
5307 Mockingbird Lane
Dallas, TX 75206
Following receipt of the information listed above, we will remove or disable access to the infringing material and take reasonable steps to notify the user responsible for posting said material. The posting of infringing copyrighted material may result in the termination of user privileges of such user.
17. U.S. Export Controls. The BioNews Services Service may be subject to United States export controls. No part of the BioNews Services Service may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the BioNews Services Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
18. Paid Services a. Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the Pricing and Payment Terms as detailed upon sign up and registration. BioNews Services may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in the Pricing and Payment Terms. b. No Refunds. You may cancel your BioNews Services account at any time; however, there are no refunds for cancellation; if you cancel before the end of your billing cycle you have access to your account for the remainder of the billing cycle. In the event that BioNews Services suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. c. Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
a. Entire Agreement. These Terms of Service constitute the entire agreement between BioNews Services and each user of the BioNews Services service with respect to the subject matter of these Terms of Service.
b. Severability. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
c. Non-Waiver. The failure of the BioNews Services Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service. You may not assign your obligations or rights hereunder to another entity or individual. We may transfer, assign or delegate these Terms of Service and its rights and obligations without your consent.
d. Force Majeure. We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
e. Relationship. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever.
f. Limitations Period. No action arising out of these Terms of Service or your use of the BioNews Services Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).