SITE USER AGREEMENT (“Agreement”)
Intellectual Property Rights
The name and logo of “Science Cheerleader” are the exclusive trademarks or service marks of Science Cheerleader, LLC, including the “look” and “feel” of the Site, color combinations, layout, and all other graphical elements. Any use of Science Cheerleader’s trademarks is strictly prohibited without the express permission from Science Cheerleader, LLC. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the Science Cheerleader website (including but not limited to, related software and including but not limited to any images, photographs, animations, video, audio, music, text and “applets,” incorporated into the software, and any copies of the software), are owned by Science Cheerleader. All title and intellectual property rights in and to the information and content which may be accessed through use of the Science Cheerleader website are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This agreement does not grant you any rights to use such content, nor does it grant any rights to the Science Cheerleader website other than the right to use the Science Cheerleader website according to the terms of the Agreement.
Use Of Site
You understand that, except for information, products or services clearly identified as being supplied by Science Cheerleader, Science Cheerleader does not operate, control or endorse any information, products or services on the internet in any way. In some sections of the site information, products or services may be offered by third parties that are not affiliated with Science Cheerleader. You also understand that Science Cheerleader cannot and does not guarantee or warrant that files offered for download through the site by third parties will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.
In connection with your use of the site, you agree you will not: • Transmit any message, information, data, text, software or images, or other
content (“material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another’s right of privacy or publicity;
• Impersonate any person or entity, including but not limited to, a Science Cheerleader official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Post or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as non disclosure agreements);
• Post or transmit any material that contains a virus or corrupted data; • Delete any author attributions, legal notices or proprietary designations or labels
that you upload to any communication feature; • Use the site’s communication features in a manner that adversely affects the
availability of its resources to other users (e.g., excessive shouting, use of all caps,
or flooding continuous posting of repetitive text); • Post or transmit any unsolicited advertising, promotional materials, “junk mail”,
“spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
• Violate any applicable local, state, national or international law; • Upload or transmit any material that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party; • Delete or revise any material posted by any other person or entity; • Manipulate or otherwise display the site by using framing or similar navigational
technology, or • Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or
attempt to unsubscribe, any party for any Science Cheerleader service if you are not expressly authorized by such party to do so.
You assume total responsibility and risk for your use of the site and the internet.
Science Cheerleader, LLC provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the website, any merchandise information or service provided through the website or on the internet generally, and Science Cheerleader, LLC shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. You understand further that the internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. Science Cheerleader, LLC has no control over and accepts no responsibility whatsoever for such materials.
Science Cheerleader, LLC expressly reserves the right to remove any content that you or anyone else may post to our website, for any reason as we may determine in our sole discretion.
You agree that with reference to any material, including, but not limited to photos, videos, and written material that you upload, post, or in any manner contribute to the website or to the website’s YouTube, Flickr, Facebook, Myspace or any other so-called social networking sites, you grant an irrevocable gratis license in perpetuity to Science Cheerleader, LLC. in any and all intellectual property rights in the material uploaded/posted/contributed to Science Cheerleader, LLC and thereby allow Science Cheerleader, LLC to use, repurpose, edit, sell, re-license and/or in all manners allowable by law exploit said intellectual property rights as they may see fit without any payment, royalty or remuneration to you
Limitation Of Liability
In no event will Science Cheerleader, LLC be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the website, or any information, or transactions provided on the website, or downloaded from the website, or any delay of such information or service. Even if Science Cheerleader, LLC or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in or on the website and/or materials or information downloaded through the website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Science Cheerleader, LLC’s liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend and hold harmless Science Cheerleader, LLC, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the website from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the website. Science Cheerleader, LLC reserves the right to release current or past member or website user information if Science Cheerleader, LLC believes that a member’s account or posting is being used to commit unlawful acts, if the information is subpoenaed and/or if Science Cheerleader, LLC deems it necessary and/or appropriate.
The website may provide, or third parties may provide, links to non- Science Cheerleader, LLC internet web sites or resources as a convenience to you (“third-party sites”). Because Science Cheerleader, LLC has no control over such sites and resources, you acknowledge and agree that Science Cheerleader, LLC is not responsible for the availability of such third-party sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Links to third-party sites are not endorsements by Science Cheerleader, LLC of such third-party sites. You further acknowledge and agree that Science Cheerleader, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party site or resource.
Your participation, correspondence or business dealings with any third party found on or through the website, regarding the payment and delivery of goods or services, and/or any other dealings, and/or any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Science Cheerleader, LLC shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
This Agreement shall all be governed and construed in accordance with the laws of the state of Pennsylvania, United States applicable to agreements made and to be performed in the state of c Pennsylvania, United States. You agree that any legal action or proceeding between Pennsylvania, United States and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the County of Philadelphia, State of Pennsylvania, United States and you hereby expressly consent to the exclusive personal jurisdiction of these courts. This Agreement contains the entire understanding of the parties hereto relating to the use of this website and supersedes any prior written or oral agreement or understandings between the parties with respect to this website. The invalidity or unenforceability of any provision of this agreement will not affect the validity or enforceability of any other provision of this agreement.
Any rights not expressly granted herein are reserved.