In order to operate and provide the Site, we collect certain information about you. Our practices with respect to the information we collect is described in our privacy notice which is available at https://www.platformscience.com/privacy-notice (“Privacy Notice”), incorporated herein by reference, as may be updated by Platform Science from time to time. Information, including but not limited to personal information, collected through the Site may be stored and processed in the United States or any other country in which Platform Science or its affiliates, subsidiaries or agents maintain facilities. By using the Site, you consent to any such transfer of information outside of your country.
2. Applicable Agreement(s).
Your access to and use of the materials available on the Site may be subject to the terms and conditions of a corresponding agreement(s) in place between the legal entity you represent and Platform Science. Your access to and use of the materials available on the Site shall not modify or abrogate your obligations under any other agreement with Platform Science. Nothing in the materials available on the Site is an offer to sell any of the products or services referenced herein. Unauthorized access to or use of such materials is prohibited.
3. Intellectual Property Rights.
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Platform Science, 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 rights laws.
This TOU permits you to use the Site for your (a) personal, non-commercial use; and (b) for legitimate business purposes relating to your role as a potential or current supplier, distributor, or customer of Platform Science.only (except as may otherwise be provided in a written agreement between you and Platform Science), provided you keep intact all copyright and other legal and proprietary notices. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you wish to make any use of material on the Site other than that set out in this section, please address your request to: [email protected].
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the TOU, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Platform Science. Any use of the Site not expressly permitted by this TOU is a breach of this TOU and may violate copyright, trademark, and other laws.
To make a complaint about a copyright violation on the Site, see Section 10 below.
This Site may contain links to other websites and resources provided by third parties, these links are provided for your convenience only.
Platform Science has no control over the contents of third-party websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and are subject to the terms and conditions of use for such websites.
5. Additional Terms for Forums, Blogs, and Other Social Media.
Our Site may provide one or more forums, blogs, or other interactive or social media features ("Forums") for visitors to our Site to exchange information with each other and/or with Platform Science about Platform Science’s products and services (the "Purpose"). If you use the Forums or otherwise provide Platform Science or any of its agents with any feedback, comments, suggestions, ideas for improvement or other communications regarding any current or potentially future Platform Science product, service or technology or intellectual property right (collectively, “Feedback”), in addition to any other terms we may require when you register to use the Forums or otherwise posted at or on the Forums, you agree to and acknowledge the following:
You agree not to use the Forums for any reason other than the Purpose. The material on the Forums is protected by international copyright and trademark laws. Except as permitted through a “Share” function which we may provide on the Forums (or with our express written permission), you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from the Forums including any code or software we may provide.
b. Postings Not Necessarily the Opinion of Platform Science.
Opinions expressed on Forums and in any corresponding comments are the personal opinions of the original authors, and do not necessarily reflect the views of Platform Science. We are not responsible, or liable to you or any third party, for the content or accuracy of any opinions provided.
Although we may attempt to keep objectionable messages off the Site, it is impossible for us to review all messages. All messages express the views of the author, and Platform Science will not be held responsible for any message or associated content. You take full responsibility for any and all messages and associated content you post to the Forums or exchange through the Forums. If you post any messages, upload files, input data, or engage in any other form of communication through the Forums (a “Posting”), you represent and warrant the following: (i) you own all right, title, and interest in and to the Posting, or you have been granted sufficient rights in and to the Posting allowing you to post such Posting, (ii) you will not post any messages or other materials that are obscene, vulgar, sexually-orientated, hateful, threatening, or otherwise violate any laws, (iii) you must not breach obligations of confidentiality that you owe to another party either in posting or using a Posting, (iv) any Postings you make to the Site do not infringe any third party copyright, trademarks, any other intellectual property rights or any applicable law and (v) you will indemnify us and our affiliates, partners, licensors, service providers, content providers, and our directors, officers, employees and agents against all claims, losses, liabilities, costs, damages and expenses incurred by us or them due to any breach by you of this TOU or your use of the Forums. For the purposes of this section, references to “your use” of the Forums shall be deemed to include any use by a third party where such third party accesses the Forums using your computer.
d. Third Party Contributions.
The Forums may include contributions from various sources over which Platform Science has no control (including any content submitted by third party users). Platform Science does not pre-screen or exercise editorial control over any Postings, and takes no responsibility for any Postings. Platform Science reserves the right to edit or remove Postings at any time and in its sole discretion, including those that are in breach of this TOU or in breach of any obligation of confidentiality you owe Platform Science, infringe or are alleged to infringe the intellectual property rights of any third party, or are defamatory, or otherwise are not relevant to the Forums and Platform Science will not be liable in relation to the removal of, or failure to remove, any Postings.
e. Messages to Registered Users.
Our Forums may allow you to send messages directly to other Forum users who have made their contact information available for receiving such messages. You agree to only send messages to other Forum users for the purpose of exchanging information about the Purpose and any other use of the ability to send messages to other Forum users is strictly prohibited. Moreover, you shall not use the contact information made available through the Forum for any of the following: (i) to send unsolicited commercial email (i.e., spam) or any other type of unsolicited commercial message, or (ii) to send any message that is vulgar, sexually-orientated, hateful, threatening, or otherwise violates any laws.
By adding a Posting to the Forum, or otherwise providing or making available to Platform Science or any of its agents any Feedback, you grant Platform Science a royalty-free, perpetual, irrevocable non-exclusive, unrestricted, worldwide license to: (i) post, use, copy, sublicense, adapt, transmit, publicly perform or display any such Posting or Feedback, (ii) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, host, communicate, make available and publish your Posting or Feedback without restriction, (iii) make, use, sell, offer for sale, and import products implementing any invention or functionality reflected in your Posting or Feedback, and (iv) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Posting or Feedback. The foregoing grants shall include the right to exploit any ideas, concepts, intellectual property, or proprietary rights in such Posting or Feedback, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction without Platform Science owing any monies to you whatsoever.
g. Content Standards.
These content standards apply to any and all Postings and use of Forums. Posting must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Postings must not:
Additionally, Forums may contain additional rules or posting guidelines. In such case, you agree to conform your Postings and Feedback to any such additional rules or posting guidelines.
6. Prohibited Uses.
You may use the Site only for lawful purposes and in accordance with this TOU. You agree not to use the Site:
Additionally, you agree not to:
7. Disclaimer of Warranties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, PLATFORM SCIENCE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PLATFORM SCIENCE NOR ANY PERSON ASSOCIATED WITH PLATFORM SCIENCE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER PLATFORM SCIENCE NOR ANYONE ASSOCIATED WITH PLATFORM SCIENCE REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, PLATFORM SCIENCE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. Limitation of Liability.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PLATFORM SCIENCE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Platform Science, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this TOU or your use of the Site, including, but not limited to, your Posting(s), any use of the Site's content, services, and products other than as expressly authorized in this TOU, or your use of any information obtained from the Site.
10. Copyright Infringement.
If you believe that any Posting violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of Platform Science to terminate the user accounts of repeat infringers.
11. Export Restrictions.
You must comply with all domestic and international export laws and regulations that may apply to the software or other materials obtained from this Site.
The Platform Science name, the Platform Science logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Platform Science or its affiliates or licensors. You must not use such marks without the prior written permission of Platform Science. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
13. Changes to this TOU.
We may revise and update this TOU from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of such revised TOU means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
This TOU is solely effective in its English language version and any translations of this TOU are provided solely for information and convenience. In the event this TOU is translated into any language other than English, the English version shall in all respects control and apply in case of any differences or discrepancies.
15. Governing Law and Jurisdiction.
All matters relating to the Site and this TOU, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, this TOU or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Diego and County of San Diego. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16. Limitation on Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS TOU OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
17. Waiver and Severability.
No waiver by Platform Science of any term or condition set out in this TOU shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Platform Science to assert a right or provision under this TOU shall not constitute a waiver of such right or provision.
If any provision of this TOU is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this TOU will continue in full force and effect.
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Materials that are as of a specific date, including but not limited to press releases, presentations, blog posts and webcasts, may have been superseded by subsequent events or disclosures.