TERMS OF USE
Effective August 15, 2007
INTRODUCTION
Welcome to
Polistem.org, an
online social network that connects a proactive stem cell community through social, academic, and professional
networks. The Polistem.org service and network (collectively, "Polistem.org"
or "the Service") are owned and operated by Polistem.org (collectively,
"us", "we" or "the Company"). By using the
www.polistem.org web site (the "Web site") you signify that you have
read, understand and agree to be bound by these Terms of Use ("Terms of
Use" or "Agreement"). We reserve the right, at our sole
discretion, to change, modify, add, or delete portions of these Terms of Use at
any time without further notice. If we do this, we will post the changes to
these Terms of Use on this page and will indicate at the top of this page the
Terms of Use's effective date. Your continued use of the Service or the Web
site after any such changes constitutes your acceptance of the new Terms of
Use. If you do not agree to abide by these or any future Terms of Use, please
do not use or access the Service or the Web site. It is your responsibility to
regularly review these Terms of Use.
ELIGIBILITY
You must be eighteen years of age or
older to register as a member of Polistem.org (a "Member") or use the
Web site. If you are under the age of 18, you are not allowed to register and
become a member of Polistem.org or access Polistem.org’s content,
features and services on the Web Site. Membership in the Service is void where
prohibited. By using the Service or the Web site, you represent and warrant
that you agree to and to abide by all of the terms and conditions of this
Agreement. We may terminate your Membership and/or prohibit you from using or
accessing the Service or the Web site for any reason, at any time.
MEMBER CONDUCT
You understand that the Service and
the Web site are available for your personal, non-commercial use only. You
represent, warrant and agree that no materials of any kind submitted through
your account will violate or infringe upon the rights of any third party,
including copyright, trademark, privacy, publicity or other personal or
proprietary rights; or contain libelous, defamatory or otherwise unlawful
material. You further agree not to harvest or collect email addresses or other contact
information of Members from the Service or the Web site by electronic or other
means for the purposes of sending unsolicited emails or other unsolicited
communications. Additionally, you agree not to use automated scripts to collect
information from the Service or the Web site or for any other purpose. You
further agree that you may not use the Service or the Web site in any unlawful
manner or in any other manner that could damage, disable, overburden or impair
Web site. In addition, you agree not to use the Service or the Web site to:
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upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; |
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impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; |
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upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; |
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upload, post, email, transmit or otherwise make available 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; |
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intimidate or harass another; |
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use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Web site. |
MEMBER CONTENT POSTED ON THE
WEBSITE
You are solely
responsible for the photos, profiles and other content that you publish or
display (hereinafter, "post") on or through the Service or the Web
site, or transmit to other Members (collectively the "Member
Content"). You understand and agree that Polistem.org may review and
delete or remove any Member Content that in the sole judgment of the Company
violate this Agreement or which might be offensive, illegal, or that might
violate the rights, harm, or threaten the safety of Members or others.
By posting Member Content to any part of the Web site, you automatically grant,
and you represent and warrant that you have the right to grant, to the Company
an irrevocable, , non-exclusive, transferable, fully paid, worldwide license
(with the right to sublicense) to use, copy, perform, display, reformat,
translate, excerpt (in whole or in part) and distribute such information and
content and to prepare derivative works of, or incorporate into other works,
such information and content, and to grant and authorize sublicenses of the
foregoing.
You may remove your Member Content from the Web site at any time. If you choose
to remove your Member Content, the license granted above will automatically
expire.
COPYRIGHT POLICY
We respect the intellectual property
rights of others. If you believe your work has been copied in a way that
constitutes copyright infringement or are aware of any infringing material on
the Web site, please contact us at copyright@polistem.org and provide us with
the following information: an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; a
description of the copyrighted work that you claim has been infringed; a
description of where the material that you claim is infringing is located on
the Web site; your address, telephone number, and email address; 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; a statement by you,
made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
LINKS TO OTHER WEBSITES
The Web site contains
links to other web sites. We are not responsible for the content, accuracy or
opinions express in such web sites, and such web sites are not investigated,
monitored or checked for accuracy or completeness by us. Inclusion of any
linked web site on or through the Web site or the Service does not imply
approval or endorsement of the linked web site by us. If you decide to leave
the Web site and access these third-party sites, you do so at your own risk.
MEMBER DISPUTES
You are solely responsible for your
interactions with other Polistem.org Members. We reserve the right, but have no
obligation, to monitor disputes between you and other Members.
PRIVACY
We care about the privacy of our
Members. Click here to view the Web
site's Privacy Policy. By using the Web site or the Service, you are consenting
to have your personal data transferred to and processed in the
DISCLAIMERS
If you have any questions about this
Terms of Use, please contact us at info@polistem.org.
Nothing contained in the website is to be considered as the provision of medical advice for specific cases and/or individual patients. Readers intent on undergoing treatment, or those assisting someone in their care, are responsible for obtaining verification of the potential outcome of treatment from their physician or suitably qualified medical professional. Neither Polistem nor any of its directors, shareholders, employees, agents or representatives shall be liable for any harm, loss, injury, death, disability, adverse reactions, ineffectiveness, complications or other medical accidents or events arising from, or in connection with, the publication of, use of or reliance upon any information, advice, products and / or services contained on this website or which may be promoted, displayed on, or associated with, our website or any other website which can be accessed from this website. The information contained on our website represents the opinions of the authors and editors and should not be construed to be the position of any regulatory agencies or governments unless cited directly.
The Company is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether posted or caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Web site or the Service. The Company is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. The Web site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on or through the Web site or the Service or transmitted to Members, or any interactions between users of the Web site or Members, whether online or offline. THE WEB SITE, THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICE.
LIMITATION OR LIABILITY
EXCEPT IN
JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THE
COMPANY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST
PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN
IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY,
BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP; AND (B)
ONE HUNDRED DOLLARS ($100).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL RIGHTS.
GOVERNING LAW AND VENUE
By visiting or using
the Web site and/or the Service, you agree that the laws of the State of
Any dispute relating in any way to the Web site and/or the Service (including your
visit to or use of the Web site and/or the Service) shall be submitted to confidential
arbitration in Denver, Colorado, except that, to the extent you have in any
manner violated or threaten to violate the Company’s or any of its
affiliates' proprietary or intellectual property rights, we may seek injunctive
or other appropriate relief in any state or federal court of competent
jurisdiction. For the purpose of such relief, you hereby consent to, and waive
all defenses of lack of personal jurisdiction and forum non conveniens with
respect to, non-exclusive venue and jurisdiction in the state and federal
courts of
Arbitration under this Agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrator's award
shall be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under these Terms of Use shall be joined to an arbitration involving any other
party subject to these Terms of Use, whether through class arbitration
proceedings or otherwise. Any claim, action or proceeding by you related in any
way to the Web site and/or the Service (including your visit to or use of the
Web site and/or the Service) must be instituted within one (1) year after the
cause of action arose or be forever waived and barred.
INDEMNITY
You agree to indemnify
and hold the Company, its subsidiaries and affiliates, and each of their
directors, officers, agents, contractors, partners and employees, harmless from
and against any loss, liability, claim, or demand, including reasonable
attorney's fees, arising out of any claim, action, investigation or proceeding
made or instituted by any third party due to or arising out of your use of the
Service or the Web site in violation of this Agreement or your violation of any
law or the rights of a third party.
OTHER
These Terms of Use,
together with the Privacy Policy and any other policies of the Company posted
by us on the Web site, constitute the entire agreement between you and the
Company regarding the use of the Web site and/or the Service, superseding any
prior agreements between you and the Company relating to your use of the Web
site or the Service. The failure of the Company to exercise or enforce any
right or provision of these Terms of Use shall not constitute a waiver of such
right or provision in that or any other instance. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall continue in
full force and effect.
QUESTIONS
If you have any questions about this
Terms of Use, please contact us at info@polistem.org
