Terms of Service
BioNews, Inc. Terms of Service
Last Updated – March 22, 2021
BioNews, Inc. a Texas limited liability company (“BioNews, Inc.,” “we,” or “us” provides its users with a digital media platform focused on the biotechnology, life science and academic research industries via the bionews.com URL, or any other URL provided by BioNews, Inc. (collectively, the “Website”), and/or any other digital media platform accessed its users (the “Platform” and together with the Website, the “BioNews, Inc.”).
Your access to and use of the BioNews, Inc. Service are subject to the terms and conditions set forth in these Terms of Service together with any documents they incorporate by reference (collectively, “Terms of Service”).
PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE BIONEWS, INC. 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, INC. SERVICE. USE OF THE BIONEWS, INC. SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.
The BioNews, Inc. Service is offered and available to users who are at least eighteen (18) years of age and reside in the United States or any of its territories or possessions. 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, Inc. Service. By using this Website, you represent and warrant that you are of legal age to form a binding contract with BioNews, Inc. and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
- Intellectual Property. You acknowledge that all materials and content on the BioNews, Inc. Service, including the Website design, Platform design, software, graphics, text, articles, works of authorship, sounds, pictures, video, audio, and other files, and the design, selection, and arrangement thereof (collectively, “Materials”), are owned by BioNews, Inc., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective owners.
These Terms of Service permit you to view, download, and/or print the Materials only for personal, noncommercial, 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, modify, republish, download, store, 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, Inc. 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, designs, and logos (collectively, “Marks”) contained or described at the BioNews, Inc. Service are the sole property of BioNews, Inc. or its licensors and may not be copied, altered, or otherwise used, in whole or in part, without the prior written authorization of BioNews, Inc. or its licensors. BioNews, Inc. 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, Inc. 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, Inc. Service are either the property of BioNews, Inc., its affiliates, or licensors. BioNews, Inc. 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, Inc. to you are fully reserved by BioNews, Inc., its advertisers, and licensors. Some of the company and product names, logos, brands, and other trademarks featured or referred to within the BioNews, Inc. 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, Inc., the BioNews, Inc. Service, our products and services, the Website, or the Platform.
- 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, Inc. 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, Inc. Service. We do not represent, warrant, or guarantee that all portions of the BioNews, Inc. Service, or the BioNews, Inc. 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.
- Third Party Sites. Links provided via the BioNews, Inc. Service to third party websites and services are provided only as a convenience. If you use these links, you may leave the BioNews, Inc. Service. BioNews, Inc. does not control nor endorse any such third-party websites. You agree that the BioNews, Inc. 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, Inc. 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, Inc. 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, Inc. 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.
- Your Use of the BioNews, Inc. Service. You agree to use the BioNews, Inc. Service only for lawful purposes and that you are responsible for your use of and communications and content you may post via the BioNews, Inc. 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, Inc. Service in any manner that interferes with its normal operation or with any other user’s use of the BioNews, Inc. Service.
You may not do any of the following while accessing or using the BioNews, Inc. Service: (i) access, tamper with, or use nonpublic areas of the BioNews, Inc. 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, Inc. 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, Inc. 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, Inc. Service, or otherwise creating an undue burden on the BioNews, Inc. Service.
You may not use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the BioNews, Inc. Service. You will not decompile, reverse engineer, disassemble, or otherwise attempt to obtain the source code of any part of the BioNews, Inc. Service. You further agree that you will not access the BioNews, Inc. Service by any means except through the interface provided by BioNews, Inc. for access to the BioNews, Inc. Service. Creating or maintaining any link from another application to any page at the BioNews, Inc. Service without the prior authorization of BioNews, Inc. is prohibited. Running or displaying the BioNews, Inc. Service, or any information or material displayed via the BioNews, Inc. Service in frames or through similar means on another website or application without the prior authorization of BioNews, Inc. is prohibited. Any permitted links to the BioNews, Inc. Service must comply with all applicable laws, rule, and regulations. BioNews, Inc. makes no representation that Materials contained, described, or offered via the BioNews, Inc. 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, Inc. 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, Inc. Service from any territory where its contents are illegal, and that you, and not the BioNews, Inc. Parties, are responsible for compliance with applicable law.
- Communications to You. The communications between you and us usually use electronic means, whether you access, visit, or use the BioNews, Inc. Service, send us messages, or whether we post notices on the BioNews, Inc. Service or communicate with you via messaging (e.g., e-mail). 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.
- Content. All Content is the sole responsibility of the person who originated such conBioNews, Inc. BioNews, Inc. 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, Inc. 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, Inc. Service.
If you provide to BioNews, Inc. any Content, you agree, acknowledge, and understand that by providing such Content you will hereby grant us a nonexclusive, 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, Inc., you hereby appoint us as your agent with the power to enter into and execute any contract, document, and 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 BioNews, Inc. 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, dilutes, misappropriates, or otherwise violates any rights of any third party, including, but not limited to, copyright, patent, trademark, trade secret, privacy, publicity, or other rights under any contract or applicable law; (4) contains information to which a third party has rights; (5) contains any medical advice or offers a diagnosis; or (6) 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 defend, indemnify, release, and hold harmless BioNews, Inc., our affiliates, advertisers, 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 managers, members, officers, directors, owners, employees, agents, representatives, successors, and assigns harmless 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 infringement, trademark infringement, patent infringement, trade secret misappropriation, invasion of privacy, violation of publicity rights, and defamation.
- Monitoring. We strive to provide an enjoyable online experience for our users, so we may monitor activity on the BioNews, Inc. 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, Inc. 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 noncompliance. 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, or inappropriate.
- 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, Inc. 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, Inc. 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 risks associated with use of content obtained on or through the BioNews, Inc. 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 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.
- 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, Inc. 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, or elsewhere. Any content posted, uploaded, transmitted, sent, or otherwise made available on or through the BioNews, Inc. 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, or service providers. You agree that we and our licensors, vendors, and 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, Inc. Service.
- Representations. You expressly agree, represent, warrant, and acknowledge that:
a. BioNews, Inc. 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, Inc. Service;
b. BioNews, Inc. 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, Inc. Service;
c. BioNews, Inc. makes no representations or promises regarding any Material or Content, and that many of the Material or Content provided via the BioNews, Inc. Service may be owned or licensed by third parties;
d. BioNews, Inc. is not a party to any transaction between you and any provider of products or services via the BioNews, Inc. Service, and 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, Inc. Service, including on any social media pages, are for informational purposes only; and
f. You assume all risk when using the BioNews, Inc. 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.
- Warranties, Disclaimers, and Limitations of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE BIONEWS, INC. SERVICE IS AT YOUR SOLE RISK. THE BIONEWS, INC. 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, INC., ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “BIONEWS, INC. 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 NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE BIONEWS, INC. PARTIES MAKE NO WARRANTY THAT: (I) THE BIONEWS, INC. SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE BIONEWS, INC. SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED VIA THE BIONEWS, INC. 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, INC. SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE BIONEWS, INC. SERVICE WILL BE CORRECTED. THE BIONEWS, INC. 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, INC. 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, INC. SERVICE; (V) FOR ANY DISPUTES BETWEEN USERS OF THE BIONEWS, INC. SERVICE OR BETWEEN A USER OF THE BIONEWS, INC. SERVICE AND A THIRD PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO THE BIONEWS, INC. 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, INC. 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, INC. AND YOU. THE PRODUCTS, INFORMATION, AND SERVICES OFFERED ON AND THROUGH THE BIONEWS, INC. SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE BIONEWS, INC. 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, INC. VIA THE BIONEWS, INC. SERVICE FOR SERVICES PROVIDED SOLELY AND DIRECTLY BY BIONEWS, INC. TO YOU IN THE SIX MONTHS PRIOR TO SUCH CAUSE OR CLAIM. SOME JURISDICTIONS MAY 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 states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
- Indemnification. You agree to indemnify, defend and hold harmless the BioNews, Inc. 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, Inc. 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, Inc. Service, your breach of these Terms of Service, your infringement, dilution, misappropriation, or violation of any rights of another or applicable laws, or termination of your access to the BioNews, Inc. 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.
- Applicable Law and Jurisdiction. All matters relating to the BioNews, Inc. Service and these Terms of Services, and any dispute or claim arising therefrom or related thereto (in each case, including noncontractual disputes or claims), shall be governed by and construed in accordance with the laws of the United States of America and the State of Florida, without giving effect to any choice or conflict of law provision or rule (whether of the State or any other jurisdiction). You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Escambia County, Florida. You agree that printed copies of any and all agreements 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, Inc. 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, Inc. 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, Inc. 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, INC. SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
- Copyright Policy.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will plan to respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the BioNews, Inc. Service infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (“DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent (“Copyright Agent”) to receive DMCA Notices and Counter-Notices is:
John R. Zoesch III, Esq.
BEGGS & LANE, RLLP
501 Commendencia Street
Pensacola, FL 32502
If you fail to comply with all of the requirements of Section 512©(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorney fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (“Counter-Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorney fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable or terminate the accounts of users who are repeat infringers.
- U.S. Export Controls. The BioNews, Inc. Service may be subject to United States export controls. No part of the BioNews, Inc. 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, Inc. 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.
- 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, Inc. 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, Inc. 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, Inc. 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.
- Customer Service. If you have any comments or questions regarding these Terms of Service, or wish to report any violation of these Terms of Service, you may contact us at [email protected]
a. Entire Agreement. These Terms of Service constitute the sole and entire agreement between you and BioNews, Inc. regarding the BioNews, Inc. Service with respect to the subject matter of these Terms of Service, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the BioNews, Inc. 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, Inc. 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.