TERMS OF USE | BioBricks Foundation

policies/TERMS OF USE

Welcome to the BioBricks Foundation website. The BioBricks Foundation site and network (collectively, “Site” or the “Services”) are operated and provided by the BioBricks Foundation (“BioBricks” or “we” and “us”). By accessing or using our Site, you (“you” or the “User”) signify that you have read, understand, and agree to be bound by these Terms of Use (“Terms of Use” or “Terms”), whether or not you are a registered member of our Site. Some Services may be subject to additional posted rules, policies and terms. Please read these Terms of Use carefully. If you do not agree with these Terms of Use, please do not use the BioBricks Services.

We may change our Terms of Use from time to time. When you use these Services, you shall be subject to new or revised terms and conditions, which are incorporated into these Terms of Use (and, consequently, form part of your agreement with us). Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by any future Terms of Use, do not continue to access the Service. 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.

You are responsible for all activities that occur under your account. You may be held liable for any losses incurred by BioBricks or another party due to someone else using your account. You may not use anyone else’s account at any time.

Privacy

Please see our Privacy Policy for information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Services.

Site Use

You are solely responsible for the information, opinions, descriptions, photos, profiles, messages, videos, and all other content that you upload, publish, or display on or through the Service or the Site, or transmit to or share with other users (“User Content”). By posting User Content to any part of the Site, you automatically grant, to BioBricks, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt, transmit, and distribute such User Content for any purpose 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 authorize sublicenses of the foregoing.

In addition, you agree that you will not interfere with another user’s use and enjoyment of the Services; you will not interfere with or disrupt the security measures of the Services; you will not interfere with or disrupt networks connected to the Services, and will comply with all regulations, policies and procedures of such networks.

User Comments and Submissions

We welcome your comments regarding our Site and services. To submit your comments regarding our Site or services, click here. However, if you are dissatisfied with the Site, any of its Content, or any of the Terms, your sole and exclusive legal remedy is to stop using the Site. Any comments, ideas, suggestions or other information you transmit to the Site are not confidential or proprietary. BioBricks will be free to use any comment, idea, suggestion or other information you transmit to us through the Site on an unrestricted basis. This may include personal information about you and your use of the Site

Certain areas of this Site allow the user to submit content referred to as “user submissions.” By submitting any user submission to the Web site, you hereby waive any privacy expectations that you may have with respect to any such User Submission, including to any comments, photo, video or other data or information submitted by you to the Web site.

You acknowledge and agree that any user submission submitted by you to the Site may be available for viewing, rating, review and comment on by the public. You acknowledge and agree that, once submitted by you and made accessible to users, BioBricks shall have no obligation to remove, delete, or disable access to any user submission made by you, or to return any submission to you.

Prohibited Use

You agree that you will not upload, post, transmit, distribute or otherwise publish on or to the Site (“Publish”) any materials that contain a software virus or other harmful component. You agree that you will not Publish any materials that contain advertising or commercial material of any kind. You agree that you will not Publish any materials that are false, threatening, libelous, defamatory, obscene or otherwise unlawful, or that violate any rights of privacy or publicity or any trademark, copyright, patent or other rights. You are solely responsible for the content of any material you Publish. BioBricks is not responsible or liable for the conduct of any person using the Site.

You also represent and warrant that your User Content does not contain any material that contains any computer programming routines such as “spiders”, viruses, Trojan horses, time bombs, or other malicious code or programs that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information.

BioBricks may change, suspend, discontinue or remove any aspect of the Site at any time, without prior notice, including the availability of any Site feature, services or Content or any material you have Published. BioBricks may restrict, suspend, or terminate your access and/or your access to certain features, services or Content at any time, without prior notice.

Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e‑mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Rules of Conduct

Your use of the Services is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. You are responsible for sales, use, and similar taxes that may apply to your use of the Site and to any purchases.

You agree that you will make only lawful use of the Site, and will use the Site only in compliance with all federal, state and local laws and regulations. You agree that you will make no use of the Site that violates anyone else’s rights, including copyright, trademark, patient, trade secret, privacy, publicity or other rights.

Proprietary Rights

All content on the Site and available through the Services, including but not limited to designs, data and databases, text, graphics, images, photographs, illustrations, audio and video material, artwork, information, data, databases, compilations, proprietary information, and all copyrightable elements of the Site, and their selection and arrangement (the “Site Content”) (excluding any of your User content ) individually and/or collectively, are the proprietary property of BioBricks, its users, or its licensors with rights reserved.

You are fully responsible for the content that you upload. If you post copyrighted content or use trademarks that you do not own, you are responsible for paying the respective owners for license fees, royalties, damages, penalties, attorneys’ fees that may incur, and any other liability or obligation.

Claims of Copyright Infringement/ Copyright Policy

If you believe that your work has been copied and is accessible on our Site in a way that constitutes copyright infringement, pursuant to Title 17, United States Code, Section 512(c)(2), you are encouraged, as a first step, to contact the involved party in an attempt to resolve the issue directly. You may in addition or as a next step send a notification of claimed copyright infringement to BioBricks’ designated agent along with the following information:

The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
A description of the copyright work that you claim has been infringed and a description of the infringing activity;
Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
Your number, address, telephone number, and email address;
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
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 are authorized to act on the copyright owner’s behalf.

BioBricks’ designated agent for notice of claims of copyright infringement on our Site can be reached as follows:

By mail:

BioBricks Foundation
77 Van Ness Ave., Ste 101-1626
San Francisco, CA 94102-6041

By email:

Please note that this contact information is only for reporting claims of copyright infringement. Any other inquiries reported through this process will not be guaranteed a response.

Third Party Content

Our Site may contain links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, video, audio, information, applications, and other content or items belonging to or originating from third parties (“Third Party Applications or Content”). Such Third Party Sites and Third Party Applications 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 our Site or any Third Party Applications or Content posted on, available through or installed from our Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications or Content does not imply approval or endorsement thereof by us.

State Fundraising Notice

As a registered 501(c)(3) non-profit organization, BioBricks Foundation, Inc. relies on private support. In connection with BioBricks’ fundraising activities, certain states require us to advise you that a copy of our financial report is available from them. BioBricks' principal place of business is located at 77 Van Ness Avenue, Ste. 101-1626, San Francisco, CA 94102. Financial disclosures may be obtained by contacting the Massachusetts Secretary of State Corporations Division at (617) 727-4538, or at the Massachusetts Secretary of State’s Web site. You may obtain additional financial information by writing to the Secretary of the Commonwealth, One Ashburton Place, 17^th floor, Boston, MA 02108. Registration with a state agency does not constitute or imply endorsement, approval or recommendation by that state.

Termination

These Terms of Use shall remain in full force and effect while you use the BioBricks Site. BioBricks may restrict, suspend, or terminate your access to all or any part of our Site at any time and for any reason. These Terms of Service will remain in effect even after your membership is terminated.

BioBricks also has the right to refuse, move, or remove any material that you submit on or through the Services, and to establish general practices and limits concerning use of the Services.

Indemnification

You hereby agree to indemnify, defend, and hold BioBricks, its subsidiaries, affiliates, and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (the “Parties”), harmless from and against any and all liability, losses, expenses, damages, and costs, including attorneys’ fees, incurred by any of the Parties in connection with any claim arising out of or relating to your use of the Services, any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, post, transmit, or make available through the Services, your violation or breach of any of these Terms, your connection to the Services, or your violation of the rights of any other person or entity.

WARRANTY DISCLAIMERS

YOU AGREE THAT YOUR USE OF THE SERVICES AND THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, BIOBRICKS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. BIOBRICKS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF BIOBRICKS’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF BIOBRICKS’ SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF BIOBRICKS’ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES MADE AVAILABLE VIA THE SITE.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

LIMITATION OF LIABILITY

IN NO EVENT WILL BIOBRICKS OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SERVICES OR THESE TERMS OF USE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SITE, EVEN IF BIOBRICKS OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY TO YOU OF BIOBRICKS AND ANY OTHER PARTY EXCEED ONE HUNDRED DOLLARS ($100.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND OTHER THEORY OF LIABILITY.

SOME U.S. STATES DO NOT ALLOW, AND OTHER JURISDICTIONS MAY NOT ALLOW, THE LIMITATION OF LIABILITY, SO THE FORGOING DISCLAIMER MAY NOT APPLY TO YOU IF PROHIBITED BY APPLICABLE LAW.

Choice of Law and Forum

These Terms of Use shall be controlled by the laws of the State of California, giving no effect to choice of law provisions. Any dispute relating to these Terms of Use shall be subject to the exclusive jurisdiction of the state and federal courts in San Francisco, California, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction of these courts.

Waiver and Severability of Terms

The failure of BioBricks to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and other provisions of the Terms of Use remain in full force and effect.

Assignment

These Terms of Use and our rights hereunder may be assigned, in whole or in part, by BioBricks or its affiliate to a third party, in our sole discretion, in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights hereunder.

Entire Agreement

These Terms of Use, including the policies referred to in these Terms of Use, constitute the entire agreement between you and BioBricks and govern your use of the Services, superseding any prior agreements between you and BioBricks. As noted above, you also may be subject to additional terms and conditions that may apply when you use or purchase certain other BioBricks, affiliate Services, or Third-Party Applications or Content. These Terms of Use cannot be changed or terminated orally.

Notice

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Services or delivering them to you through email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting BioBricks Foundation, Inc., 77 Van Ness Ave., Ste 101-1626, San Francisco, CA 94102-6041. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.