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Welcome to Escienze.com.
To ensure a safe, nonoffensive environment for all of our users, we have established our Terms of
Service. It spells out what you can expect from us and what we expect from you. By accessing any
areas of Escienze.com, users ("Users") agree to be legally bound and to abide by the terms set forth
below. Escienze.com is owned and operated by Escienze, LLC. Any references herein to Escienze.com
shall be deemed to refer to Escienze.comand/or Escienze, LLC, as applicable under the circumstances.
I. TRADEMARKS
Escienze.com is a service mark of Escienze, LLC or its affiliates. All rights reserved. These and other
Escienze.com graphics, logs, and service marks and trademarks of Escienze, LLC and its affiliates may
not be used without prior written consent of Escienze, LLC or its affiliates, as the case may be. All other
trademarks, product names, and company names and logos appearing on Escienze.com are the
property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of Escienze.com is at User's sole risk. Neither Escienze.com nor its
affiliates nor any of their officers, directors, or employees, agents, third-party content providers,
merchants, sponsors, licensors, or the like (collectively "Providers"), warrant that Escienze.com will be
uninterrupted or error free, nor do they make any warranty as to the results that may be obtained
from the use of Escienze.com, or as to the accuracy, reliability, or currency of any information content,
service, or merchandise provided through Escienze.com.
THIS SITE IS PROVIDED BY ESCIENZE.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. ESCIENZE.COM
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS, INCLUDED ON
THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ESCIENZE.COM DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ESCIENZE.COM WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE
OR
WRITTEN INFORMATION GIVEN BY ESCIENZE.COM NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL
USERS RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstance shall Escienze.com or any other party involved in creating, producing, or
distributing Escienze.com be liable for any direct, indirect, incidental, special or consequential
damages that result from the use of or inability to use Escienze.com, including but not limited to
reliance by User on any information obtained from Escienze.com or that result from mistakes,
omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or
transmission, or any failure of performance, whether or not resulting from acts of God,
communications failure, theft, destruction, or unauthorized access to Escienze.com's records
(including, but not limited to, personally identifiable information and financial information), programs
or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise,
and services available through Escienze.com. Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages, in such states liability is limited to the
fullest extent permitted by law.
III. CONTENT
A. PROPRIETARY RIGHTS
User acknowledges that Escienze.com contains information, data, software, photographs, graphs,
videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are
protected by copyrights, trademarks, trade secrets, patent, or other proprietary rights, and that these
rights are valid and protected in all forms, media, and technologies existing now or hereinafter
developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and
Escienze.com owns a copyright in the selection, coordination, arrangement, and enhancement of
such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in
the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole
or in part. If no specific restrictions are displayed, Users may make copies of select portions of the
Content, provided that the copies are made only for User's personal use and that User maintains any
notices contained in the Content, such as all copyright notices, trademark legends, or other
proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair
use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), User may not upload,
post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right,
without obtaining written permission of the owner of the copyright or other proprietary right. In
addition to the foregoing, use of any software Content shall be governed by the software license
agreement accompanying such software.
B. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III(A) above, User may upload to or otherwise distribute on Escienze.com
only Content that is not subject to any copyright or other proprietary rights protection (collectively
"Public Content"), or Content in which the author has given express authorization for distribution on
the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a
copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by
permission." The unauthorized submission or distribution of copyrighted or other proprietary
Content is illegal and could subject the User to criminal prosecution as well as personal liability for
damages in a civil suit. User will be liable for any damage resulting from any infringement of
copyrights or proprietary rights, or from any other harm arising from such submission. Neither
Escienze.com, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the
like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights,
or from any other harm arising from such User submission. In compliance with the Digital Millennium
Copyright Act, Users and other persons can report an infringement to Escienze.com at the following
email address: admin@escienze.com. By submitting Content to any User submit areas, including
without limitation in any chat rooms and/or message boards, user automatically grants and/or
warrants, that the owner of such Content has expressly granted Escienze.com the royalty-free,
perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense,
copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works
in any form, media, or technology now known or hereafter developed for the full term of any
copyright that may exist in such Content. User also permits any other User to access, store, or
reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed
on Escienze.com retains any and all rights which may exist in such Content.
C. THIRD-PARTY CONTENT
Escienze.com is also a distributor of Content supplied by third parties and Users. Escienze.com has no
more editorial control over such Content than does a public library or newsstand. Any opinions,
advice, statements, services, offers, or other information that constitutes part of Content expressed or
made available by third parties, including Providers or any other User of Escienze.com, are those of
the respective authors or distributors and not of Escienze.com or its affiliates or any of their officers,
directors, employees or agents. Neither Escienze.com nor its affiliates, nor any of their officers,
directors, employees or agents, nor any third party, including any Provider, or any other User of
Escienze.com, guarantees the accuracy, completeness, or usefulness of any Content, nor its
merchantability or fitness for any particular purpose. In many instances, the Content available
through Escienze.com represents the opinions and judgments of the respective Provider, or User not
under contract with Escienze.com. Escienze.com neither endorses nor is responsible for the accuracy
or reliability of any opinion, advice, or statement made on Escienze.com by anyone other than
authorized Escienze.com employees. Under no circumstances shall Escienze.com, or its affiliates, or
any of their officers, directors, employees or agents be liable for any loss, damage, or harm caused by
User's reliance on information obtained through Escienze.com. It is the responsibility of User to
evaluate the information, opinion, advice, or other Content available through Escienze.com.
D. EXPORT
The United States export control laws regulate the export and re-export of technology originating
in the United States. This includes the electronic transmission of information and software to foreign
countries and to certain foreign nationals. User agrees to abide by these laws and their
regulations-including but not limited to the Export Administration Act and the Arms Export
Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from
Escienze.com to either a foreign national or a foreign destination in violation of such laws.
IV. ONLINE CONDUCT
User agrees to use Escienze.com only for lawful purposes. User is prohibited from posting on or
transmitting through Escienze.com any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise
objectionable material of any kind, including but not limited to any material that encourages conduct
that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable
local, state, national, or international law.
If Escienze.com is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content
provided by User (e.g., through an online review, correspondence, message board, or chat room),
Escienze.com may investigate the allegation and determine in its sole and absolute discretion
whether to remove or request the removal of such Content from Escienze.com. Escienze.com may
disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or
government request; (ii) if such disclosure is necessary or appropriate to operate Escienze.com; or (iii)
to protect the rights or property of Escienze.com, its Users or Providers.
Escienze.com reserves the right to prohibit conduct, communication, or Content that it deems in its
sole and absolute discretion to be harmful to individual Users, Escienze.com, the communities that
make up Escienze.com, or any rights of Escienze.com or any third party, or to violate any applicable
law. Notwithstanding the foregoing, neither Escienze.com nor its Providers can ensure prompt
removal of questionable Content after online posting. Accordingly, neither Escienze.com, nor its
affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability
for any action or inaction with respect to conduct, communication, or Content on Escienze.com.
V. PRIVACY POLICY
In accordance with the terms of Escienze.com's Privacy Policy, Escienze.com respects the privacy of its
Users.
VI. TERMINATION OF USAGE
Escienze.com may terminate User's access, or suspend User's access to all or part of Escienze.com,
without notice, for any conduct that Escienze.com, in its sole and absolute discretion, believes is in
violation of any applicable law or is harmful to the interests of another User, a third party Provider, a
service provider, or Escienze.com.
VII. USAGE BY CHILDREN UNDER 13
Escienze.com must rely on parents, guardians, and those responsible for supervising children under
thirteen to decide which materials are appropriate for such children to view and/or purchase.
Escienze.com requires that all individuals under thirteen years of age seek their parent's or guardian's
permission to both access the site and for the collection by us of certain information in accordance
with the terms of our Privacy Policy.
EACH TIME YOU USE AND/OR PURCHASE A PRODUCT OR SERVICE AT ESCIENZE.COM, YOU ARE
REPRESENTING TO ESCIENZE.COM THAT YOU ARE EITHER (I) AN INDIVIDUAL 13 YEARS OF AGE OR
OLDER, OR (II) A MINOR UNDER 13 WHO IS PURCHASING WITH THE FULL KNOWLEDGE AND CONSENT
OF YOUR PARENT OR GUARDIAN SAID KNOWLEDGE AND CONSENT INCLUDING THE COLLECTION BY
US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.
VIII. APPLICABLE LAW
This site is created and controlled by Escienze.com in the State of Texas. As such, the laws of the State
of Texas will govern the disclaimers, terms and conditions, without giving effect to any principles of
conflicts of laws. Escienze.com reserves the right to make changes to its site and these disclaimers,
terms and conditions, and Privacy Policy at any time without notice. IT IS USER'S RESPONSIBILITY TO
PERIODICALLY REVIEW THESE TERMS OF SERVICE AND THE PRIVACY POLICY FOR ANY CHANGES. User
hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts
of the State of Texas, and of the United States of America located in the State of Texas for any litigation
arising out of or relating to use of or purchase made through Escienze.com (and agrees not to
commence any litigation relating thereto except in such courts), waives any objection to the laying of
venue of any such litigation in the courts of the State of Texas, and agrees not to plead or claim in any
court of the State of Texas that such litigation brought therein has been brought in an inconvenient
forum.
IX. SEVERABILITY
The provisions of these Terms of Service are intended to be severable. If for any reason any provision
of these Terms of Service shall be held invalid or unenforceable in whole or in part in any jurisdiction,
such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or
unenforceability without in any manner affecting the validity or enforceability thereof in any other
jurisdiction or the remaining provisions hereof in any jurisdiction.
X. ACKNOWLEDGMENT
The Terms of Service, including all documents referenced herein, represents the entire understanding
between you and Escienze.com regarding your relationship with Escienze.com and supersedes any
prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE by using
the Escienze.com Web site. The aforementioned Terms of Service are subject to change.
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