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TERMS OF USE
ScienceProject.COM
End User Agreement
1. Agreement and General Terms of
Use
1.1 This User Agreement
constitutes the agreement between Science Project Corporation
(SPC) and you as a user who accesses or establishes a
connection ("user," "you," or "your") to
the world wide web site known as ScienceProject.com ("Site"),
which is owned and controlled by Science Project Corporation.
1.2 You must agree to abide by all of the provisions in
this Agreement in order to remain an authorized user of the Site and
your use of the Site constitutes your agreement to abide by those
provisions. You are solely responsible for your use of the Site and for
ensuring that your use complies fully with the provisions of this
Agreement.
1.3 SPC reserves the right, in its sole discretion,
to change any or all of the provisions of this Agreement at any time. SPC
will notify users of any changes by posting them on the Site or
through other reasonable means of providing notice. Any changes to this
Agreement will be effective immediately upon notice to you. Your use of
the Site after notice of changes to this Agreement will be deemed your
acceptance of the changes.
1.4 SPC reserves the right, in its sole discretion,
to change, limit, or discontinue any aspect, content, or feature of the
Site, as well as any aspect pertaining to the use of the Site.
1.5 IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS
AGREEMENT OR ARE NOT SATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.
2. User Activities and Information
on the Site
2.1 You will use the Site
and any content, material, or information found on the Site solely for
lawful, non-commercial purposes. You shall not upload to, distribute to,
or otherwise disseminate through the Site any material or information of
any kind that is libelous, defamatory, obscene, pornographic, abusive,
or otherwise violates any law or infringes or violates any rights of any
other person or entity, or contains a solicitation of funds,
advertising, or a solicitation for goods or services.
2.2 You warrant that any material or information that
you make available through the Site, including, for example, postings to
chat areas and forums, is solely your original work, or that you have
all necessary rights to make the material or information of any other
person or entity available on the Site. You will be solely responsible
for the content of any material or information that you make available
through the Site. You will also be liable for any damage resulting from
making any material or information available through the Site.
2.3 By making any material or information available
through the Site, you automatically grant to SPC a worldwide,
royalty-free, perpetual, irrevocable, and non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate, distribute
and sublicense any such material or information (in whole or in part)
and/or to incorporate it in other works regardless of form, media, or
technology. By making any material or information available through the
Site, you also grant to users other than yourself the right and license
to access, view, store, or reproduce your material and information for
that user's personal use.
2.4 SPC has no obligation to, and does not and
cannot, review every item of material or information that you and users
other than yourself made available through the Site, and SPC is not
responsible for any content of this material or information. However, SPC
reserves the right to delete, move, or edit any material or information
that it deems, in its sole discretion, unacceptable, libelous,
defamatory, obscene, pornographic, abusive, or otherwise in violation of
any law or that infringes or violates any rights of any other person or
entity. Further, SPC reserves the right at all times to disclose any
material or information as necessary to satisfy any law, regulation, or
governmental request.
2.5 SPC reserves the right to collect, use, and
distribute demographic data about you and your use of the Site in forms
that identify you individually or reveal your identity. You will be
responsible for any activity on the website using your user-id and
password.
3. Rights in Site Content and the
Site
3.1 All content provided
by SPC on the Site is protected by copyright, trademark, and other
applicable intellectual property and proprietary rights laws and is
owned, controlled, and/or licensed by SPC. The Site is protected by
copyright, patent, trademark, and other applicable intellectual property
and proprietary rights laws and is owned, controlled, and/or licensed by
SPC. ScienceProject.com® and SPC® are trademarks and, where
indicated, registered trademarks of SPC or its subsidiaries. All other
trademarks appearing on the Site are the property of their respective
owners.
3.2 You will not modify, publish, transmit, participate
in the transfer or sale, create derivative works, or in any way exploit,
any of the content, in whole or in part, found on the Site. You will
download copyrighted content solely for your personal use, but will make
no other use of the content without the express written permission of SPC
and the copyright owner. You will not make any changes to any content
that you are permitted to download under this Agreement, and in
particular you will not delete or alter any proprietary rights or
attribution notices in any content. You agree that you do not acquire
any ownership rights in any downloaded content.
3.3 Certain content found on the Site may be subject to
additional terms, conditions, and notices as specified in Section 11
below.
4. Disclaimer of Warranties &
Limitation of Liability
4.1 YOU EXPRESSLY AGREE
THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER SPC, NOR ANY OF ITS
AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR
LICENSORS WARRANT THAT THE SITE WILL BE UNINTERUPTED OR ERROR FREE. NOR
DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS,
OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING
RESPONSES FOUND ON THE SITE, ANY MERCHANDISE OR SERVICES PROVIDED
THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE
SITE.
4.2 THE SITE AND ALL CONTENT, MATERIAL, INFORMATION,
POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE ARE PROVIDED ON AN
"AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
4.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE, SHALL SPC (OR ANY OF ITS PARENTS, SUBSIDIARIES,
AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR
LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND
AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO
USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES
ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF
WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER
REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SPC (AND ANY OF ITS PARENTS,
SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
5. Indemnification
You agree to defend, indemnify and hold
harmless SPC (and any of its parents, subsidiaries, affiliates,
employees, agents, third party content providers, or licensors, and
their respective directors, officers, employees, and agents) from and
against all claims, liability, and expenses, including attorneys' fees
and legal fees and costs, arising out of your use of the Site or your
breach of any provision of this Agreement. SPC reserves the right, in
its sole discretion and at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you. You will cooperate as fully as reasonably required in the
defense of any claim.
6. Fees and Payments
SPC
reserves the right, in its sole
discretion, at any time to charge fees for access to and use of the
Site, or any portions of the Site. If SPC elects to charge fees, it
will post notice on the Site of all provisions pertaining to fees and
payments.
7. Notices between Us
You will contact us by sending electronic
mail to info@ScienceProject.com. We will contact you by sending
electronic mail to the address you provide to us, or by posting a notice
on the Site.
8. Termination
SPC
may terminate this Agreement and
your use of the Site at any time. SPC shall have the right immediately
to terminate your use of the Site in the event of any conduct by you
which SPC, in its sole discretion, considers to be unacceptable, or in
the event of any breach by you of this Agreement.
9. Law Governing Performance and
Disputes
This Agreement, your performance under it,
and any disputes arising under it shall be governed exclusively by the
laws of the United States of America and the State of New Jersey,
without giving effect to their conflict of laws principles. You
expressly consent to the exclusive forum, jurisdiction, and venue of the
Courts of the State of New Jersey and the United States District Court
for the District of New Jersey in any and all actions, disputes, or
controversies relating to this Agreement.
10. General Terms
This Agreement and any posted rules on the
Site established by SPC constitute the entire agreement of the parties
with respect to the subject matter hereof. No waiver by either SPC or
you of any breach or default under this Agreement shall be deemed to be
a waiver of any preceding or subsequent breach or default. This
Agreement shall be binding upon and inure to the benefit of SPC and
its successors, trustees, and permitted assigns. SPC may assign this
Agreement, or any of its rights or obligations under this Agreement,
with or without notice to you.
11. Content-Specific Notices
Technical material provided in this
website may suggest use of material, tools and equipment that may
be hazardous. You use such material, tools and equipment at your own
risk. Although most of the experiments in this web-site are regarded as
low hazard, author and publisher expressly disclaims all liability for
any occurrence, including, but not limited to, damage, injury or death
which might arise as consequences of the use of any experiment(s) listed
or described here. Therefore, you assume all the liability and use these
experiments at your own risk!
12. Membership policy
SPC may require registration (as members) for
users who need to access certain parts of the website and/ or communicate with a
project advisor for additional support about specific projects. Members
are required to provide certain personal and contact information including an
email address that is open to emails from ScienceProject.com.
13. Access by children
Use of this website and performing
suggested experiments must at all times be under supervision of parents
or any responsible adult assigned by parents or guardians. The
activity of all members in this site may be recorded and used to determine
further eligibility of a member to user this website or any of other
services provided by SPC.
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