1;3409;0c Terms of Use

Terms and Conditions of Use

Last updated on November 23, 2010.

Odysci, Inc. ("Odysci" or "we" or "us") owns and operates http://academic.odysci.com (the "Site"), an online portal for scientific research and collaboration and a technical media outlet. All of the content, products, features and other services available on, through or in connection with the portal will hereinafter be referred to as the "Services".

The following terms and conditions (the "Terms of Use") govern your access to and use of the Site and the Services.

BY ACCESSING AND/OR USING THE SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE and by our Privacy Policy, which is incorporated herein by reference. These Terms of Use govern your use of the site, both as a casual visitor and as a registered user. If you do not agree to be so bound, then you may not access and/or use the Site or any of the Services. You must be at least 18 years of age to access and/or use the Site or the legal age required to enter into a contract in your jurisdiction if such age is higher than 18.

1. Access to the Site

Some of the Services are accessible by casual users of the Site, without prior registration ("Visitors"), but many of the Services are restricted to registered users ("Members"). Odysci may impose additional restrictions on certain sections of the Site and/or certain Services, as it deems appropriate at its sole discretion. Odysci is not liable for any inability to access any portion of the Site and/or to use any of the Services.

2. Registration

When you register to become a Member, you will be asked to enter you email address and to create a username and password. The email address, username and password that you provide are your credentials ("Credentials") for accessing the portions of the Site and the Services that are only available to Members. You are entirely responsible for maintaining the confidentiality of your Credentials You agree not to use the Credentials of another Member at any time, nor to allow any third party to use your Credentials. You agree to notify Odysci immediately if you suspect any unauthorized use of your account and/or your Credentials. You are solely responsible for any and all use of your account and/or your Credentials.

3. Changes to the Terms of Use

Odysci reserves the right, at any time, at its sole discretion, to modify or replace these Terms of Use or any portion thereof. Upon any change in the Terms of Use, we will post the amended agreement on the Site with notice of the changes and/or send you an email notifying you of the nature of the modifications and providing a link to the modified document on the Site for your review. Your continued use of the Site and/or the Services following receipt of such notification shall constitute your affirmative acknowledgement of the Terms of Use and its modification and agreement to abide and be bound by the Terms of Use, as amended.

4. Changes in the Services

Odysci may, from time to time, offer new Services (including, the release of new tools and resources), substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. The users of new services will be governed by the Terms of Use. You agree that Odysci will not be liable to you or any third party for any suspension or discontinuation of any of the Services.

5. Your Responsibilities and our Code of Ethics

Odysci's principal aim is to provide our Members with a safe online environment, which facilitates the free collaboration and exchange of ideas. We believe that through the honest, frank and unbiased exchange of views, comments and expertise, the community as a whole can benefit greatly. In order to encourage this honest and free exchange, Members are not permitted to post comments or otherwise contribute content to the Site anonymously. The Site identifies any contribution to the Site with the public profile of the contributing Member, so that other users can easily assess the expertise of the source of the information or content.

You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site or the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):

In addition to our rights under Section 11, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce the Terms of Use.

6. Personal Information

In addition to the personally-identifying information we collect from you during the registration process, as a Member of the Site, you will be encouraged to provide us with additional personal information, such as details about your affiliation, education and other aspects of your professional career. All of our information collection, use and disclosure policies are fully explained in and governed by our Privacy Policy. Please review it carefully.

You certify and warrant that all personal information you provide, including disclosure of your professional qualifications, is accurate. Deliberately providing false information regarding your qualifications violates these Terms of Use, and Odysci reserves the right to implement any technical remedies to prevent the violation of this provision and to enforce the Terms of Use, including but not limited to the suspension or termination of your account without prior notice.

7. Users' Contributions to the Site

Any material made available by you on the Site is hereinafter referred to as the "Content".

You may contribute your own views and opinions to the Site through its collaboration features ("Posted Content").

Odysci does not monitor Posted Content featured on the Site and expressly disclaims all liability for any failure or delay in removing Posted Content. However, we reserve the right to remove any Posted Content at our sole discretion. Keep in mind that the Posted Content of others is simply opinion and should not be relied on. In addition:

Odysci requires all Posted Content to be of a strictly technical and non-personal nature (i.e. you may disagree with the substance of another Member's Posted Content and state as much, but you are prohibited from insulting, harassing and/or attacking the character of any other Member), and you agree to abide by this condition in submitting any Posted Content to the Site.

The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site. Odysci reserves the right to investigate and take appropriate legal and/or technical action at its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of or blocking use of the Services and/or the Site by such violators. You may not post content that:

Notwithstanding any other provisions contained herein, any comments, suggestions, or feedback relating to the Site or the Services (collectively "Feedback") submitted to Odysci shall become the property of Odysci or its designee. Odysci will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Site, Services, or operations. Without limitation, Odysci will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback.

8. Links to External Sites

The Site may contain hyperlinks to external (non-Odysci) websites. These external websites. Odysci does not endorse, sanction or verify the accuracy or ownership of the content of any external website. If you decide to leave the Site and navigate to an external website, you do so at your own risk. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Odysci disclaims any responsibility for any harm resulting from your use of external websites. Once you access an external website through a link on the Site, you may no longer be protected by these Terms of Use and you may be subject to the terms of use and other conditions of such external website.

If you access an external website through a link in the site, you should review the terms and conditions and privacy policies of the external site, as they may differ from those of Odysci.

9. Copyright Dispute Policy

As Odysci asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on the Odysci site violates your copyright, you are encouraged to notify Odysci with the following information: (i) An electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) an identification of the copyright claimed to have been infringed; (iii) a description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit Odysci to find and positively identify that content; (iv) your name, address, telephone number and email address; and (v) a statement by you that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and (vi) a statement by you, under penalty of perjury, that all of the information in the infringement notification is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

Odysci will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Odysci or others, Odysci may, at its discretion, terminate or deny access to and use of the Site. In the case of such termination, Odysci will have no obligation to provide any compensation of any type to the terminated user.

Please be advised that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content in the Odysci site is infringing your copyrights. Thus, if you are not sure content located on the Site infringes your copyright, you should consider first contacting an attorney.

If the content provider, Member or user believes that either the material that was removed or to which access was disabled is either not infringing, or that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, Member or user must send a counter-notice containing the following information to the designated Copyright Agent listed below:

If a counter-notice is received by the Copyright Agent, Odysci may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, Member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Odysci's discretion.

All infringement notifications should be sent via email to Odysci's Copyright Agent at: copyright@odysci.com.

10. Odysci's Intellectual Property

Except for content posted or submitted by you or any other visitors to the Site, all of the content available on or through the Services and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected, as applicable, by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Odysci's proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever except as expressly provided herein. Except as is expressly provided herein, Odysci and its suppliers do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by Odysci to you are retained by Odysci.

11. Termination

Odysci may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you are not a Member of the Site and wish to rescind your acceptance of the Terms of Use, you may simply discontinue using the Site. Notwithstanding the foregoing, if you are a Member of the Site and wish to rescind your acceptance of the Terms of Use, you are required to request your membership be revoked by sending an email to account@odysci.com. If you are Member of the Site and violate the Terms of Use, Odysci can terminate your account without notice.

Odysci can cease operation of the Site at any time, without notice, as part of a general shut down of the Service. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Disclaimer of Warranties

The Site is provided "AS IS". Odysci and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Odysci nor its suppliers and licensors, makes any warranty that any information displayed on the Site is accurate, up-to-date, complete or reliable. Odysci is not responsible or liable for any damage, disadvantage or losses, whether material or immaterial, that is caused by the usage or non-usage of the Site. Your use of the Site is at your sole risk.

Odysci does not promise any specific results, effects or outcome from the use of the Site. Odysci search and rank services are the result of applying algorithms and techniques developed by Odysci to publicly available information. Odysci does not make any claims on the scope, range and accuracy of the search and rank results. You are solely responsible for your interpretation and use of the search and rank results provided by Odysci.

Odysci aims to keep the Site available twenty-four (24) hours a day, seven (7) days a week. However, due to technical failures, acts of God or routine maintenance, availability may be limited and/or information may be lost. Odysci shall not be liable for lost information or non-availability of the services.

13. Limitation of Liability

In no event will Odysci, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. Odysci shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

14. General Representation and Warranty

You represent and warrant that (i) your use of the Site will be in strict accordance with the Odysci Privacy Policy, the Terms of Service and all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.

15. Indemnification

You agree to indemnify and hold harmless Odysci, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Site, including but not limited to your violation of the Terms of Use.

16. Miscellaneous

The Terms of Use constitutes the entire agreement between Odysci and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Odysci, or by the posting by Odysci of a revised version. If any part of these Terms of Use is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms of Use or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms of Use any party that consents to, and agrees to be bound by, its terms and conditions; Odysci may assign its rights under these Terms of Use without condition. These Terms of Use will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

17. Contact Us

If you would like to communicate with us about the Terms of Use, please send an email to: policy@odysci.com.