BIOTECHNOLOGY INDUSTRY ORGANIZATION
TERMS & CONDITIONS OF USE
Welcome to the Internet Sites of the Biotechnology Industry Organization (“BIO”), the trade association representing the U.S. biotechnology industry. BIO and any affiliated companies (referred to herein as “BIO,” “we,” “us,” or “our”) maintain these sites (each a “BIO Site” and collectively “BIO Sites”).
BY USING A BIO SITE, YOU SIGNIFY YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THESE TERMS & CONDITIONS (THE “TERMS & CONDITIONS” OR “TERMS”) ON OUR SITES. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS YOU ARE NOT AUTHORIZED TO USE BIO SITES. WE RESERVE THE RIGHT, AT OUR DISCRETION, TO CHANGE, MODIFY, ADD TO, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME WITHOUT NOTICE. PLEASE CHECK THE TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF BIO SITES FOLLOWING THE POSTING OF ANY CHANGES TO THESE TERMS CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
Some BIO Sites or areas of Sites may have different terms and conditions posted. Any such terms will not vary or replace these Terms & Conditions regarding the use of BIO Sites, unless they expressly state otherwise. Additionally, a BIO Site may contain page(s) or areas with their own Terms & Conditions, in addition to those listed here, which you should review and with which you must agree in order to use those areas.
COPYRIGHT, TRADEMARKS AND RESTRICTIONS
BIO Sites and their contents are protected pursuant to U.S. and international copyright laws. All materials published on BIO Sites are the copyrighted property of BIO or any affiliated company, third party licensors, or the party credited. BIO claims no copyright in any government or other public domain content that may be on our sites. All trademarks, service marks and trade names, including but not limited to the BIO mark, as well as other marks, owned by BIO are protected by state, federal, and international trademark law. All other trademarks appearing on BIO Sites are the property of their respective owners.
Except where otherwise noted, permission to use Materials (such as white papers, press releases, datasheets, and FAQs) from BIO Sites is granted, provided that (1) none of the copyright, trademark, or other proprietary notices are removed, (2) the Materials are not edited or modified in any way without prior written consent, (3) use of such Materials from the BIO Site is for informational and non-commercial or personal use only and may not be used in a misleading or deceptive manner, and (4) you do not use any Materials, without express written permission, in a manner that suggests an association with any of our groups, services, conferences, conventions, programs, initiatives or other activities. Further, you agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on the BIO Sites.
Materials specified above do not include any BIO trademarks, service marks or other protected intellectual property, including the design or layout of the BIO Sites or any other BIO owned, operated, licensed, or controlled site, which remain owned and protected by BIO.
LINKING TO BIO SITES
BIO has no objection to links made from other sites to BIO Sites, provided that you comply with the following requirements:
Due to the diverse nature of our web activities, websites within the BIO Internet family may have linking policies that differ from this policy. In such cases, the linking policy of the particular BIO Site will be posted, and will supersede the Terms regarding linking to BIO Sites of this document.
If you download authorized software or applications from any BIO Site, the software or applications, including any files, images incorporated in or generated by the software or applications, and data and instructions accompanying the software or applications (collectively, the “Software”) are licensed to you by BIO or our third party licensors for your personal, non-commercial use. We do not transfer title to the Software to you. We (or third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. Except as expressly authorized by us, you agree not to redistribute, sell, de-compile, reverse engineer, disassemble, or create derivative works based on the Software, in whole or in part.
If you have any questions regarding this notice, please send a E-mail to [email@example.com].
FORUMS, E-MAIL, AND PUBLIC COMMUNICATION
BIO Sites may include forums, chat rooms, e-mail function, or other areas (collectively “Forums”), where users can post or exchange information, ideas, opinions, photographs, images, videos, creative works or any other materials (collectively “Messages”) with other users of the Site or the Internet. In no event shall BIO assume or have any responsibility or liability for any Messages posted on Forums or for any claims, damages or losses resulting from their use or appearance on a BIO Site. Children under the age of 18 are not authorized to post messages or participate in Forums on BIO Sites.
BIO does not control Messages delivered to Forums, and BIO has no obligation to monitor such Forums. If at any time BIO chooses, in its sole discretion, to monitor the Forums, BIO nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Messages.
The Messages do not necessarily reflect the views of BIO and are not necessarily reviewed prior to posting. BIO makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy or reliability of any Messages and other materials in the Forums. BIO reserves the right at all times to disclose any information (including the identity of the persons providing information or materials on its Forums) as necessary to satisfy any law, regulation, or governmental request. Further, BIO reserves the right to restrict, prohibit your use, and remove or edit Messages from any Forum at any time, for any reason.
By posting Messages (including but not limited to acts of uploading files, inputting data, or engaging in any other form of communication) through Forums, you are granting BIO a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials and/or ideas or incorporate such materials and/or ideas into any form, medium, or technology now known or later developed throughout the universe, and that all so-called “moral rights” to such Messages have been waived. This grant of rights means that such Messages will be owned by BIO, and may be used without any payment to, or further authorization by you. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.
RULES OF CONDUCT
It is a condition of your use of Forums and BIO Sites that you do not:
Post or transmit an unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, harassing, pornographic, profane, or indecent information of any kind, including images and language or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law;
Transmit or upload any information, software or other material that violates or infringes on the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rightful holder;
Use the site or its services for the purposes of sending junk email, chain letters, duplicative or unsolicited messages or “spamming,” or in connection with contests, surveys, or pyramid schemes;
If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.
CONTESTS AND SWEEPSTAKES, AUCTIONS, AND OTHER ACTIVITIES
BIO Sites may contain certain activities including, without limitation, e-mail services, registration, contests, sweepstakes, and auctions (collectively “Contests”). Each Contest has its own rules, which you must read and agree to before you may enter.
THIRD PARTY CONTENT AND LINKS TO OTHER SITES
At certain places on BIO Sites, users may be able to link to other Internet addresses. These other sites are not under the control of BIO, and you acknowledge that BIO is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such sites. The inclusion of such a link does not imply endorsement of the site by BIO or any association with its operators. Use of any information on BIO Sites or obtained from linked addresses is voluntary and reliance on it should only be undertaken after an independent review. A link or reference herein to any specific commercial product, process or service by trademark name, trademark, service mark, manufacturer or otherwise does not constitute or imply endorsement, recommendation or favoring by BIO.
User access and use of BIO Sites, or portions thereof may be restricted through the use of a login and password registration mechanism or similar process (collectively “User Account”). You are responsible for maintaining the confidentiality of your User Account, and are fully responsible for all activities that occur under your User Account. You agree to (a) immediately notify BIO of any unauthorized use of your User Account or any other breach of security, and (b) ensure that you exit from restricted areas at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision.
We may change, suspend or discontinue any aspect of our online services at any time, including the availability of any feature, database, or content available at a BIO Site. BIO also may impose limits on certain features and services or restrict your access to parts or all of a BIO Site(s) without notice or liability.
PRIVACY AND SECURITY
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We may give notice to our users by means of a general notice on any BIO Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records.
BIO respects the rights of copyright holders and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on a BIO Site, or your intellectual property rights have been otherwise violated, please provide BIO’s Copyright Agent with the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512.
Notification must be submitted to the following Designated Agent:
Peter G. McHugh, Esq.
Compliance Officer & Deputy General Counsel
Biotechnology Industry Organization
1201 Maryland Avenue SW
Washington, DC 20024
Tele: (202) 962-9200
Fax: (202) 488-6301
This contact information is for notices of copyright infringement only.
To be effective, the notification must be a written communication that includes the following:
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Through this provision BIO seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 U.S.C. § 512 or elsewhere in the law.
NO LEGAL ADVICE
Nothing contained on BIO Sites is intended as, nor shall be construed as, legal advice, guidance, or interpretation. No attorney-client relationship is established between BIO and you by your using BIO Sites. The information provided on BIO Sites is for general informational purposes only, and questions about any law, statute, or regulation should be directed to an attorney with expertise in the relevant area.
BIO SITES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH BIO SITES (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. BIO SITES INCLUDING CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BIO, ITS MEMBERS, ANY AFFILIATED COMPANIES, ITS LICENSORS, AND ITS EMPLOYEES DO NOT WARRANT THAT BIO SITES AND CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CORRECT, OR FREE FROM ERROR OR OMISSIONS; THAT BIO SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT BIO SITES AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, BIO, AND ON BEHALF OF ITS MEMBERS, ANY AFFILIATED COMPANIES, ITS LICENSORS, AND ITS EMPLOYEES HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT RELATED TO BIO SITES. YOUR USE OF BIO SITES IS SOLELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BIO, ITS MEMBERS, ANY AFFILIATED COMPANIES, ITS LICENSORS, AND ITS EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RELATED TO YOUR VIOLATION OF THESE TERMS OR THAT RESULT FROM THE USE OF, OR INABILITY TO USE, BIO SITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BIO’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED BUT ONLY TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless and upon request defend, BIO, its members, any affiliated companies, its licensors, and its employees from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of BIO Sites and/or breach of these Terms. BIO reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the BIO in asserting any available defenses.
BIO Sites are maintained by or on behalf of BIO, located in the District of Columbia, United States of America. We make no representation that these materials are appropriate or available for use in any particular location. If you use a BIO Site, you are responsible for compliance with applicable laws. By downloading or using content or features of a BIO Site, you assume the responsibility for doing so in compliance with the law that applies in jurisdiction(s) where you are located.
BIO makes no representation that materials on BIO Sites are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access BIO Sites from other locations do so on their own initiative and are responsible for compliance with local laws.
Software available through BIO Sites is subject to U.S. export controls. No software available from a BIO Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. now or in the future embargoes goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, the U.S. Commerce Department's Table of Denial Orders, or anyone subject to any other U.S. export restrictions. By downloading or using any software available on a BIO Site or from a link to a BIO Site, you agree to the foregoing and you warrant that you are not located in, under the control of, or a national or resident of any such country on any such list, or otherwise in violation of U.S. export restrictions.
CHOICE OF LAW AND FORUM
This Agreement shall be governed by and construed in accordance with the laws of the District of Columbia, United States of America. Actions brought under this Agreement shall be brought in the District of Columbia, provided that federal jurisdictional requirements are satisfied. Users of a BIO Site agree and submit to the jurisdiction of such courts for the purpose of litigating any claim or action related to this Agreement.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein or expressly stated on a relevant BIO Site, these terms constitute the entire agreement between you and BIO with respect to BIO Sites and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and BIO with respect to BIO Sites. If any part of these Terms & Conditions or terms specific to a BIO Site is held invalid or unenforceable, then the remaining portions shall remain in full force and effect.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
BIO reserves the right, in its sole discretion, to terminate your access to all BIO Sites, a specific BIO Site, or an area of a BIO Site immediately and without notice. If you have any problems with these Terms & Conditions or with a BIO Site, your sole and exclusive remedy is to cease using the website(s).
In the event that your access terminates as provided herein or you cease using a BIO Site(s), these Terms & Conditions shall survive.
If you have any questions regarding these Terms & Conditions, please contact us at [firstname.lastname@example.org]. If you have any other questions regarding BIO Sites, please contact us at:
Biotechnology Industry Organization
1201 Maryland Avenue SW
Washington, DC 20024
Tele: (202) 962-9200
Fax: (202) 488-6301
These Terms & Conditions were last updated on February 24, 2009.
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