DiscoveR8 Terms of Use

  1. ACCEPTANCE OF TERMS

    Welcome to DiscoveR8. By using this service, you agree to be bound to the following Terms of Service ("TOS"), which may be updated from time to time with no advance notice from us. If you don't or no longer find our terms acceptable, then delete your account and stop using DiscoveR8.

  2. DESCRIPTION OF SERVICE

    DiscoveR8 is a news and archive system dedicated to the dissemination and discussion of science news and other information. In order to use this service, you must have access to the world wide web and a compatible web browser.

    Subject to full compliance with the Terms of Use, DiscoveR8 may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content DiscoveR8 performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content") on the Site. DiscoveR8 may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. DiscoveR8 may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

  3. REGISTRATION OBLIGATION

    By creating a new user account (registering), you certify that (a) you will abide by the posted rules appearing on the web site, (b) that you will abide by all applicable laws regarding use of this service, and (c) that you are at least 13 years of age. You agree that you will provide accurate, complete, and current information in all required fields, and if any of your registration information changes, it is your responsibility to update this information as soon as possible. If we determine any of your registration information to be inaccurate or incomplete, we reserve the right to terminate your account at any time and without prior notice.

  4. INDEMNITY

    You agree to indemnify and hold DiscoveR8, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the service, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.

  5. SITE CONTENT

    All content posted to DiscoveR8 is the responsibility and property of the author. By posting your content, you are giving DiscoveR8 non-exclusive publishing rights to your hypotheses, procedures or other post content. These rights are terminated when you remove your content. You agree that you will not post any content that you do not own or that is illegal in your area. Should you post any content that is determined to be illegal or in violation with any of DiscoveR8's rules or policies, we reserve the right to take any action necessary to remove said content, up to and including removing your user account. You understand that, while we will make an effort to warn members before corrective action is taken, it is not our responsibility or obligation to do so, and content that is in violation of any laws, rules, or policies may be removed without any prior notice.

    DiscoveR8 does not regulate or screen user-submitted content, and so some material found on DiscoveR8 may be objectionable, unsafe or illegal. You agree that while using this service, you will observe all laws regarding what content is legal in your area. DiscoveR8 is not responsible for any offensive, indecent, objectionable, or illegal content you are exposed to while using this service.

  6. MEMBER CONDUCT (DO WHAT YOU LIKE BUT DON'T DO IT HERE)

    You agree that you will NOT use this service to:

    • upload, post, or otherwise make available make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or otherwise objectionable, as determined by DiscoveR8 and its designees;
    • upload, post or otherwise make available content that you do not have the legal right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • upload, post or otherwise make available any unsolicited or unauthorized advertising, promotional material, or other form of solicitation;
    • upload, 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;
    • interfere with or disrupt the service or servers or networks connected to the service;
    • intentionally or unintentionally violate any applicable local, state, national or international law;
    • stalk, harm, or otherwise harass other users;
    • impersonate any person or entity.
    • to artificially inflate or alter any article or other post's R8ing or other DiscoveR8 ranking, comment or statistic, by the creation of separate dummy accounts, the exchange of votes or comments for money or for services deemed to have monetary value, or any means other than the true opinions of unique individual account holders.
    • create or submit spam or other unwanted emails to DiscoveR8 users.
    • with the exception of RSS feeds, use any robot, spider, scraper or other automated means to access DiscoveR8 for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of DiscoveR8 or any activities conducted on DiscoveR8; or (iii) bypass any measures we may use to prevent or restrict access to DiscoveR8.

    If any user is found to be in violation of the letter or spirit of these terms, DiscoveR8 retains the right to take corrective action, up to and including deleting the user's account. Although we may answer questions or engage in discussion about our decisions or actions, we are under no obligation to do so.

  7. COPYRIGHT COMPLAINTS

    It is DiscoveR8's policy to respond expeditiously to claims of copyright and other intellectual property infringement. DiscoveR8 will investigate notices of alleged infringement and take appropriate actions under applicable intellectual property laws. Upon receipt of notices of copyright infringement, DiscoveR8 may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. DiscoveR8 reserves the right to disciplinary action against one-time or repeat posters of infringing material, up to and including account termination.

    If you believe someone has posted content that infringes upon your copyright: Provide DiscoveR8 with written communication to that effect detailing your copyright, the location of the allegedly infringing material and the nature of the infringement, contact information to be found at . Be advised that you may be liable for damages (including costs and attorneys' fees) if you deliberately and falsely claim copyright infringement.

    If you believe that you have been falsely accused of copyright infringement: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide DiscoveR8 with a counter notification by written communication, contact information to be found at . Be advised that you may be liable for damages (including costs and attorneys' fees) if you deliberately and falsely claim that your material does not constitute copyright infringement.

    When in doubt, speak with an attorney. It's less expensive than a mistake.

  8. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DISCOVER8 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    DISCOVER8 MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

    YOU UNDERSTAND THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DISCOVER8 OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

  9. LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT DISCOVER8 AND ITS DESIGNESS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.

  10. VIOLATIONS

    Please report any violations of the TOS to .

  11. REVISIONS

    The TOS may be updated at any time without prior notice. By using the service, you agree to be bound by these revisions. The most recent version of the TOS may be viewed at any time in the "Help" section of DiscoveR8's web site.

  12. MISCELLANEOUS

    No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind DiscoveR8 in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. DiscoveR8 shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond DiscoveR8's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use are not assignable, transferable or sublicensable by you except with DiscoveR8's prior written consent. DiscoveR8 may transfer, assign or delegate the Terms of Use and their rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of New Jersey, as if made within New Jersey between two residents thereof, and the parties submit to the exclusive jurisdiction of the courts of Middlesex County and the United States District Court. Notwithstanding the foregoing sentence, (but without limiting DiscoveR8's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this agreement shall be referred to an arbitrator. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Middlesex County, New Jersey using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.