RESEARCHNETWORK.COM USER AGREEMENT
It is important that you read this
agreement. By becoming a User, you acknowledge that you have read and
understood the terms and conditions of this agreement and that you agree to be
bound by all of its provisions.
EXPAND YOUR UNIVERSE. LLC. dba
RESEARCHNETWORK.COM shall hereinafter in this User agreement be referred to
interchangeably as “The Company” and/or “RESEARCHNETWORK.COM”. All references
to “RESEARCHNETWORK.COM” or “The Company” in this agreement shall refer to and
incorporate RESEARCHNETWORK.COM, our services, related emails, and any
information provided as part of or through our website.
TERMS
To
comply with this agreement, you must comply with all terms and applicable laws
as incorporated herein.
1.
By accessing, viewing, downloading or
otherwise using any webpage, feature or link on or through our website,
including accessing participating in our registration process, you acknowledge
that you have agreed to the terms of
this User Agreement” and that you thereby constitute a “RESEARCHNETWORK.COM
User” (hereinafter “User”) and are therefore legally bound to this agreement.
In the event you access or otherwise use RESEARCHNETWORK.COM on behalf of another
person or entity that has separate agreement with us, you are still personally
bound by this Agreement. If you do not want to become a User, simply do not
join as a RESEARCHNETWORK.COM User, or access or use our site or services in
any way.
2.
We reserve the right, at our sole discretion, to
change, modify, add, or delete portions of these Terms of Use at any time
without further notice. If we do this, we will post the changes to these Terms
of Use on this page and will indicate at the top of this page the date these
terms were last revised. Your continued use of the Service or the Site after
any such changes constitutes your acceptance of the new Terms of Use. If you do
not agree to abide by these or any future Terms of Use, do not use or access
(or continue to use or access) the Service or the Site. It is your
responsibility to regularly check the Site to determine if there have been
changes to these Terms of Use and to review such changes.
3.
Anticipated Non-Compliance:
If you believe that you are entitled or obligated to act contrary to this
Agreement or in any manner that you believe may breach any term herein, or any
mandatory laws, you will provide us with 30 days prior written notice before
you act contrary to this Agreement. Your notice will provide reasonably
sufficient detail for us to assess, at our sole discretion, if we will provide
an alternative remedy for the situation.
4.
User Disputes: You are
solely responsible for your interactions with other RESEARCHNETWORK.COM Users.
We reserve the right, but have no obligation, to monitor disputes between you
and other Users.
5.
License and warrant your submissions:
You are giving us information in your submissions, even if you consider it to
be confidential, privileged or proprietary. If you submit something on our site
(including any User generated content, ideas, concepts, plans, techniques and
data), you unconditionally grant as a part of this binding agreement, a
perpetual, nonexclusive, irrevocable, assignable, worldwide, unlimited,
sublicenseable, fully paid up and royalty free right to us to possess, modify,
publish, copy, reproduce, distribute, remove, retain, commercialize or
otherwise use, in any way now known or in the future discovered, anything that
you submit to us, without any further consent, notice and/or compensation to
you or to any third parties. By submitting any information to us, you represent
and warrant that all information submitted is accurate, not confidential, and
that your submission is not in violation of any contractual restrictions or the
rights of any third party. If any of your profile information that you submit
to us later changes, you further agree to inform us and, if appropriate, you
agree to make such modifications to your profile.
We
have no control over any content you or others submit on our site.
RESEARCHNETWORK.COM has no obligation to verify the identity of any Users when
they are connected to the site or to supervise the content which has been
provided by Users. If you become aware that someone is
misusing or otherwise appropriating your information, you must immediately
inform us. You must not submit to RESEARCHNETWORK.COM or any of its Users any
information that you consider to be confidential or that may be harmful to you.
6.
Indemnity:
You indemnify us and hold us harmless from any damages, losses and costs
(including, but not limited to, reasonable attorneys’ fees) related claims,
charges or inquiries made by any third party, caused by your failure to comply
with this Agreement, including, but not limited to, content you submit that
violates this Agreement or any third party rights, or any activity in which you
engage on or through RESEARCHNETWORK.COM.
7.
Eligibility for Service.
You represent and warrant that you (a) are not under the age of 18; (b) have
not previously been suspended or removed from RESEARCHNETWORK.COM; (c) are not
a direct competitor of RESEARCHNETWORK.COM; (d) do not have more than one
RESEARCHNETWORK.COM account at any given time; and (e) that you have full power
and authority to enter into this Agreement and in doing so will not violate any
other agreement to which you are a party. In addition, you must provide all
equipment and software necessary to connect to RESEARCHNETWORK.COM, including,
but not limited to, if the Service contains a mobile element, a mobile hand set
or other mobile access device that is in working order and suitable for use in
connection with the Service and to use any part of the Service.
8.
Payment:
For any services or products we offer for a charge, you will pay all applicable
charges and fees as they become due plus all related taxes. For any such
amounts which become overdue, you will pay any interest charges and costs of
collection. We do not offer any refunds for any reason including
cancellation.
9.
Mobile Services:
Certain parts of the Service may be available via your mobile phone or
accessible on your mobile electronic devices. In using such Mobile Services,
and you agree that we can communicate with you by SMS, MMS, text message or
other means to your mobile device and that certain information about your usage
of the Mobile Services may be accessible to us. Your use of Mobile Services may
cause icons and data to be displayed on and through your mobile device, which
data may be updated on a periodic basis through Internet and/or communication
systems to provide updates and to send new information to your mobile device.
In the event you change or cancel your mobile telephone number, you agree to
promptly update your account information, as failure to do so may result in
your messages being sent to your old number. We are not responsible for any
charges imposed by your wireless provider, or any usage restrictions imposed by
your carrier. Mobile Services may not work with all carriers or devices.
Consult your carrier to determine if the Mobile Services are available for your
mobile devices, and if any restrictions may be applicable to your use of such
Mobile Services. By using any downloadable application to enable your use of
the Mobile Services, you are explicitly confirming your acceptance of the terms
of the mobile End User License Agreement provided at download.
10. Blogs,
Chat Rooms, or Forums: RESEARCHNETWORK.COM AND OUR
AFFILIATES ARE NOT RESPONSIBLE FOR ANYONE ELSE’S MISUSE OR MISAPPROPRIATION OF
ANY CONTENT OR INFORMATION YOU POST IN ANY BLOGS, CHAT ROOMS OR FORUMS.
RESEARCHNETWORK.COM may include various blogs, forums or chat rooms where you
can post. RESEARCHNETWORK.COM does not and cannot guarantee that any
information you post will be kept confidential or not misused in any manner by
any other participant, User or member.
11. Privacy:
It is important that you read our full Privacy Policy
before becoming a User of RESEARCHNETWORK.COM. Please note that certain
information, statements, data and content (including photographs) which you may
choose to provide might, or are likely to, reveal personal information, and
providing all such information is done at your discretion and is your sole
responsibility. By providing such information to us, all of which is optional,
you are hereby expressly giving your informed consent to process this
potentially sensitive information.
12. Export
Control: Your use of our services, including its
software, is subject to export and re-export control laws and regulations,
including the Export Administration Regulations (“EAR”) maintained by the
United States Department of Commerce and sanctions programs maintained by the
Treasury Department's Office of Foreign Assets Control. You shall not —
directly or indirectly — sell, export, re-export, transfer, divert, or
otherwise dispose of any software or service to any end-User without obtaining
any required authorizations from the appropriate government authorities. You
also warrant that you are not prohibited from receiving US origin products,
including services or goods.
13. Right
to Access: On the condition that you comply with all your
obligations under the Agreement, we grant you a limited, revocable,
nonexclusive, non-assignable, non-sublicenseable right to access, through a
generally available web browser (but not any scraping, spidering, crawling or
other technology or specialist software used to harvest data) to view
information that we provide on RESEARCHNETWORK.COM webpages as we intend such
information to be used, and only in accordance with the Agreement and any
specific terms of use that we make available to you. We grant you no other
rights, implied or otherwise.
14. LIMITED
USER LICENSE: All content on the Site and available through the Service,
including designs, text, graphics, pictures, video, information, applications,
software, music, sound and other files, and their selection and arrangement ,
are the proprietary property of the Company, its Users or its licensors with
all rights reserved. No Site Content may be modified, copied, distributed,
framed, reproduced, republished, downloaded, scraped, displayed, posted,
transmitted, or sold in any form or by any means, in whole or in part, without
the Company's prior written permission, except that the foregoing does not
apply to your own User Content (as defined below) that you legally post on the
Site. Provided that you are eligible for use of the Site, you are granted a
limited license to access and use the Site and the Site Content and to download
or print a copy of any portion of the Site Content to which you have properly
gained access solely for your personal, non-commercial use, provided that you
keep all copyright or other proprietary notices intact. Except for your own
User Content, you may not upload or republish Site Content on any Internet,
Intranet or Extranet site or incorporate the information in any other database
or compilation, and any other use of the Site Content is strictly prohibited.
Such license is subject to these Terms of Use and does not permit use of any
data mining, robots, scraping or similar data gathering or extraction methods.
Any use of the Site or the Site Content other than as specifically authorized
herein, without the prior written permission of Company, is strictly prohibited
and will terminate the license granted herein. Such unauthorized use may also
violate applicable laws including copyright and trademark laws and applicable
communications regulations and statutes. Unless explicitly stated herein,
nothing in these Terms of Use shall be construed as conferring any license to
intellectual property rights, whether by estoppel, implication or otherwise.
This license is revocable at any time without notice and with or without cause.
When you post User Content to the Site, you authorize
and direct us to make such copies thereof as we deem necessary in order to
facilitate the posting and storage of the User Content on the Site. By posting
User Content to any part of the Site, you automatically grant, and you
represent and warrant that you have the right to grant, to the Company an
irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide
license (with the right to sublicense) to use, copy, publicly perform, publicly
display, reformat, translate, excerpt (in whole or in part) and distribute such
User Content for any purpose, commercial, advertising, or otherwise, on or in
connection with the Site or the promotion thereof, to prepare derivative works
of, or incorporate into other works, such User Content, and to grant and
authorize sublicenses of the foregoing. You may remove your User Content from
the Site at any time. If you choose to remove your User Content, the limited
license will automatically expire, however you acknowledge that the Company may
retain archived copies of your User Content. RESEARCHNETWORK.COM does not
assert any ownership over your User Content; rather, as between us and you,
subject to the rights granted to us in these Terms, you retain full ownership
of all of your User Content and any intellectual property rights or other
proprietary rights associated with your User Content.
15. RIGHT
TO MONITOR: We may limit the number of connections you may
have to other Users and prohibit you from contacting other Users through use of
the Services. You are solely responsible for your interactions with other members.
RESEARCHNETWORK.COM reserves the right, but has no obligation, to monitor
disputes between you and other members and to terminate your account if we
determine, in our sole discretion, that doing so is prudent.
16. DISCLAIMER
SOME
COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN
CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT
APPLY TO YOU.
THE SITE, OUR SERVICES, ANY
PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND
THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT
GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR
THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR
WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY
PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE
OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION
IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE
INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING
THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN
CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR
THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY
DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF
ANY KIND THAT MAY RESULT.
AS A USER OF OUR SITE, YOU
AGREE THAT USE OF RESEARCHNETWORK.COM IS AT YOUR SOLE RISK. NEITHER
RESEARCHNETWORK.COM OR OUR AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT
RESEARCHNETWORK.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF RESEARCHNETWORK.COM
OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR
MERCHANDISE PROVIDED THROUGH RESEARCHNETWORK.COM. FURTHERMORE,
RESEARCHNETWORK.COM DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING,
IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE RESEARCHNETWORK.COM SITE
DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE
PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON
UNRELATED TO RESEARCHNETWORK.COM.
RESEARCHNETWORK.COM
IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY
OF ANY MESSAGES (SUCH AS INTERNAL MAILS, EMAILS, POSTING OF ANSWERS OR
TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH
RESEARCHNETWORK.COM TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT
THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY
MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE
SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE
LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.
RESEARCHNETWORK.COM
DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING
TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS
SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, RESEARCHNETWORK.COM
DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY
OR INFORMATION.
IN NO EVENT
SHALL RESEARCHNETWORK.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS
SITE, OR FOR ANY INFORMATION, MATERIALS, PRODUCTS, AND SERVICES OBTAINED
THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE,
WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF
RESEARCHNETWORK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY FOR RESEARCHNETWORK.COM FOR ANY
REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE AMOUNT OF
$100 US DOLLARS.
MOREOVER,
RESEARCHNETWORK.COM MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN
THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE AT
ANY TIME, FOR ANY REASON.
17. Termination
You may
terminate this Agreement, for any or no cause, at any time, with notice to
RESEARCHNETWORK.COM which shall be effective upon our processing such notice.
Upon processing of your termination, you will lose access to
RESEARCHNETWORK.COM. We may terminate the Agreement for any or no cause, at any
time, with or without notice, which shall be effective immediately or as may be
set forth in the notice.
18. California
Law and Arbitration
a.
Choice of Law:
This Agreement and any disputes with us or any RESEARCHNETWORK.COM Affiliate
arising out of or relating to this Agreement or RESEARCHNETWORK.COM shall be
governed by California law, excluding conflicts of law principles and excluding
the CISG.
b.
Agreement to Arbitrate and Pay Attorneys’
Fees: Any Disputes shall be resolved by final and
binding arbitration under the rules and auspices of the American Arbitration
Association, to be held in Los Angeles, California, in English, with a written
decision stating and legal reasoning issued by the arbitrator(s) at either
party’s request, and with arbitration fees and reasonable attorneys’ fees of
both parties to be borne by the party that ultimately loses.
19. Severability:
If any provision of the Agreement is found to be invalid or unenforceable under
mandatory laws of a particular jurisdiction, such provision shall be
interpreted as to give maximum effect to its intended purpose and this shall
not affect the validity or enforceability of (a) such provision under the laws
of any other jurisdiction, or (b) any other provision of the Agreement.
20. Entire
Agreement: You agree that this Agreement constitutes the
entire, complete and exclusive agreement between you and us regarding the
Service and supersedes all prior agreements and understandings, whether written
or oral, or whether established by custom, practice, policy or precedent, with
respect to the subject matter of this Agreement.
21. Amendments
to this Agreement: We reserve the right to modify,
supplement or replace the terms of the Agreement, effective upon posting at
www.ResearchNetwork.com or notifying you otherwise. If you do not want to agree
to changes to the Agreement, you can terminate the Agreement at any time per
Section 7 hereof.
22. No
informal waivers, agreements or representations:
Our failure to act with respect to a breach by you or others does not waive our
right to act with respect to that breach or subsequent similar or other
breaches. Except as expressly and specifically contemplated by the Agreement,
no representations, statements, consents, waivers or other acts or omissions by
any RESEARCHNETWORK.COM Affiliate shall be deemed legally binding on any
RESEARCHNETWORK.COM Affiliate, unless documented in a physical writing hand
signed by a duly appointed officer of RESEARCHNETWORK.COM.
23. No
Injunctive Relief: In no event shall you seek or be
entitled to rescission, injunctive or other equitable relief, or to enjoin or
restrain the operation of the Service, exploitation of any advertising or other
materials issued in connection therewith, or exploitation of the Service or any
content or other material used or displayed through the Service.
24. Beneficiaries:
RESEARCHNETWORK.COM Affiliates are not parties, but intended third party beneficiaries
of this Agreement, with a right to enforce the Agreement directly against you.
25. Password
Security: Keep your password confidential, do not use
other Users’ accounts and do not let others use your account; you are
responsible for anything that happens through your account — until you notify
us at info@researchnetwork.com,
close down your account or prove that your account security was compromised due
to a fault of our systems. You are prohibited from selling, trading or
otherwise transferring your RESEARCHNETWORK.COM account or any information
therein to another party or charging anyone for access to any portion of
RESEARCHNETWORK.COM, or any information therein.
26. You agree to the following USER CONDUCT Requirements:
a. By being a
member of RESEARCHNETWORK.COM, you must adhere to the following code of conduct
when using the site and its services. You are solely responsible for your
interactions with other Users of RESEARCHNETWORK.COM. We reserve the right, but
have no obligation, to monitor disputes between you and other Users.
b. You will not
register for a User account on behalf of an individual other than yourself, or
register for a User account on behalf of any group or entity.
c. You will not
impersonate any person or entity, or falsely state or otherwise misrepresent
yourself, that you are over 18 or your affiliation with any person or entity.
d. You will not
post or otherwise make publicly available on RESEARCHNETWORK.COM any private
information of any third party, including, without limitation, email addresses,
addresses, phone numbers, Social Security numbers and credit card numbers.
e. You will not
engage in any activity involving the sending of email in violation of
applicable law, including, but not limited to, spam. You may not use spiders or
any other program or method in order to harvest the email addresses of
RESEARCHNETWORK.COM members for the purpose of sending unsolicited email or
selling the addresses to others for that or any other purpose.
f. You will not solicit personal information or
passwords or other personally identifying information for commercial or
unlawful purposes.
g. You will not
use RESEARCHNETWORK.COM or your membership in RESEARCHNETWORK.COM for any
commercial or business purpose EXCEPT for RESEARCHNETWORK.COM Users to place
job postings, and for responses to same by RESEARCHNETWORK.COM Users.
h. You will not
post or otherwise make available any material that contains software viruses or
any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment.
i. You will not
intimidate, harass or "stalk" another User.
j. You will not
post or otherwise make available content that would constitute, encourage or
provide instructions for a criminal offense, violate the rights of any party,
or that would otherwise create liability or violate any local, state, national
or international law.
k. You will not
use or attempt to use another User's account, service or system without
authorization from RESEARCHNETWORK.COM, or create a false identity on
RESEARCHNETWORK.COM.
l. You will not
post or otherwise make available User Content that, in the sole judgment of
RESEARCHNETWORK.COM, is objectionable, illegal or reflects illegal activities
(including, but not limited to, underage drinking), or which restricts or
inhibits any other person from using or enjoying RESEARCHNETWORK.COM and its
service, or which may expose RESEARCHNETWORK.COM or its Users to any harm or
liability of any type.
m. You will
comply with all of RESEARCHNETWORK.COM's network, bandwidth, data storage and
usage limitations.
n. You will not
post or otherwise make available User Content that contains nudity or other
inappropriate, vulgar, indecent, profane or defamatory content.
27. Notices: We may notify
you via postings on www.researchnetwork.com, and via email or any other
communications means to contact information you provide to us. You may also
notify us at:
E-Mail:
info@researchnetwork.com
Mail:
Expand Your Universe, LLC
dba: ResearchNetwork.com
207 W. Los Angeles Ave.
Suite 170
Moorpark, CA 93021 USA
Any notices
that you provide without compliance with this Section on Notices shall have no
legal effect.
28. COPYRIGHT
RESEARCHNETWORK.COM is
protected by copyright as a collective work and/or compilation, pursuant to
U.S. copyright laws, international conventions and other copyright laws. Except
as may otherwise be set forth in this Section 1 of these Terms of Service, you
may not modify, adapt, translate, exhibit, publish, transmit, participate in
the transfer or sale of, create derivative works from, distribute, perform,
display, reverse engineer, decompile or dissemble, or in any way exploit, any
of the Content, software, materials, or services of RESEARCHNETWORK.COM in
whole or in part. The foregoing does not apply to your own User Content that
you post on The Company’s site.
29. COPYRIGHT
CLAIM
Each User
grants RESEARCHNETWORK.COM a license to use the content supplied by each such
User for the purposes of disclosure on the RESEARCHNETWORK.COM website.
This license
includes, inter alia, the right for RESEARCHNETWORK.COM to reproduce,
represent, adapt, translate, digitize, use for advertising purposes, whether commercial
or non-commercial, to sublicense or to transfer the content concerning each
User (including information, pictures, descriptions, search criteria, etc.)
over all or part of the Services and/or in any mailings of RESEARCHNETWORK.COM
and in general through any electronic communication media (email, SMS, MMS,
WAP, Internet, CD Rom or DVD).
Each User
expressly authorizes RESEARCHNETWORK.COM to modify said content in order to
conform to the interface or display requirements of the Services or of other communications
media as set forth above, and/or to render them compatible with its technical
performance or media format in question. These rights are granted throughout
the world and for the entire term of this Agreement. The User is prohibited
from copying, reproducing or otherwise using the content relating to other
Users of RESEARCHNETWORK.COM for any purpose other than for those purposes
strictly related to use of the RESEARCHNETWORK.COM services for personal
purposes.
Pursuant to the
Digital Millennium Copyright Act, 17 U.S.C. sec. 512, RESEARCHNETWORK.COM has
designated an agent to receive notices of claimed copyright infringement. If
you believe in good faith that your work has been copied in a way that
constitutes copyright infringement, please provide RESEARCHNETWORK.COM’s
Copyright Agent the following information:
1.
An electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright interest;
2.
A description of the copyrighted work that you
claim has been infringed;
3.
A description of where the material that you
claim is infringing is located on the Site;
4.
Your address, telephone number, and e-mail
address;
5.
A statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; and
6.
A statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner’s behalf.
RESEARCHNETWORK.COM’s
Copyright Agent for Notice of claims of copyright infringement can be reached
as follows:
E-Mail:
copyright@researchnetwork.com
Mail:
Expand Your Universe, LLC
dba: ResearchNetwork.com
207 W. Los Angeles Ave.
Suite 170
Moorpark, CA 93021 USA
Upon receipt of the written notification
containing the information as outlined in 1 through 6 above:
1.
RESEARCHNETWORK.COM may remove or disable access to the material that is alleged to
be infringing;
2.
RESEARCHNETWORK.COM may forward the written notification to such alleged infringer;
and
3.
RESEARCHNETWORK.COM may take reasonable steps to
promptly notify the alleged infringer that it has removed or disabled access to
the material.
Counter-Notification:
If the alleged infringer believes that a
notice of copyright infringement has been wrongly filed against it and it would
like to submit a counter-notification, it may file a Counter-Notification in
Response to Claim of Copyright Infringement with RESEARCHNETWORK.COM’s
Copyright Agent.
To be effective, a Counter-Notification
must be a written communication provided to the RESEARCHNETWORK.COM’s Copyright
Agent for Notice that includes the following information:
1.
A physical or electronic signature of the
alleged infringer;
2.
Identification of the material that has been
removed or to which access has been disabled and the location at which the
material appeared before it was removed or access to it was disabled;
3.
A statement under penalty of perjury that the
alleged infringer has a good faith belief that the material was removed or
disabled as a result of a mistake or misidentification of the material to be
removed or disabled; and
4.
The alleged infringer’s name, address, and
telephone number, and a statement that the alleged infringer consents to the
jurisdiction of Federal District Court for the judicial district in which the
address is located, or if the alleged infringer’s address is outside of the
United States, for any judicial district in which RESEARCHNETWORK.COM may be
found, and that the alleged infringer will accept service of process from the
person who provided notification or an agent of such person.
Upon receipt of a Counter-Notification
containing the information as outlined in 1 through 4 above:
1.
RESEARCHNETWORK.COM may promptly provide you
with a copy of the Counter-Notification;
2.
RESEARCHNETWORK.COM may inform you that it will replace the removed material or cease
disabling access to it within ten (10) business days; and
3.
RESEARCHNETWORK.COM may replace the removed
material or cease disabling access to the material within ten (10) to fourteen
(14) business days following receipt of the Counter-Notification, provided
RESEARCHNETWORK.COM’s Copyright Agent for Notice has not received notice from
you that an action has been filed seeking a court order to restrain Subscriber
from engaging in infringing activity relating to the material on
RESEARCHNETWORK.COM’s network or system.
You may want to
seek the advice of independent legal counsel before filing a notification or
counter-notification.
30. LINKS TO THIRD PARTY WEBSITES AND
CONTENT THEREIN: The Site contains (or you may be sent through the Site or
the Service) links to other web sites ("Third Party Sites") as well
as articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software and other content or items belonging
to or originating from third parties (the "Third Party Applications,
Software or Content"). Such Third Party Sites and Third Party
Applications, Software or Content are not investigated, monitored or checked
for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third Party Sites accessed through the Site or any Third
Party Applications, Software or Content posted on, available through or
installed from the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices or other policies of or contained in
the Third Party Sites or the Third Party Applications, Software or Content.
Inclusion of, linking to or permitting the use or installation of any Third
Party Site or any Third Party Applications, Software or Content does not imply
approval or endorsement thereof by us. If you decide to leave the Site and
access the Third Party Sites or to use or install any Third Party Applications,
Software or Content, you do so at your own risk and you should be aware that
our terms and policies no longer govern. You should review the applicable terms
and policies, including privacy and data gathering practices, of any site to
which you navigate from the Site or relating to any applications you use or
install from the site.
31. RESEARCHNETWORK.COM’s
Content Complaint Manager
Contact
information for RESEARCHNETWORK.COM’s Content Complaint Manager is as follows:
E-Mail:
abuse@researchnetwork.com
Mail:
Expand Your Universe, LLC
dba: ResearchNetwork.com
207 W. Los Angeles Ave.
Suite 170
Moorpark, CA 93021 USA