Terms and Conditions for Use of http://bioportal.ucdavis.edu website
website, you expressly agree and consent to be bound by all the terms and conditions of this agreement (below) and which are incorporated herein by reference. If you do not agree to any of these terms, please do not use the Website.
website and related materials including, without limitation, text, images, graphics, audio, music, video, software, copyrights, trademarks and service marks, ("Content") are or may be protected under United States and worldwide copyrights or other Intellectual Property Rights which are owned or licensed, in whole or in part, by The Regents of the University of California, Davis campus (“The Regents.”)
For the purposes of this Agreement, "Intellectual Property Rights" means all copyrights, patent rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or later come into existence, and all applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction, relating to the Website or any Content.
Subject to the terms and conditions of this Agreement and provided you have paid all amounts owed to The Regents, you are hereby granted a non-exclusive, limited, personal license to use the Website. The Regents may terminate this license at any time for any reason or no reason, subject to a refund of any amount you have paid to The Regents during the thirty (30) days prior to such termination. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices on it.
The Content may not be reproduced, distributed, transmitted, transferred, republished, sold, manipulated, edited, performed, posted or otherwise distributed or exploited in any manner whatsoever without The Regents’ prior written consent, which may be withheld in its sole discretion. Any use of any portion of this Website on any other website or other networked computer environment is prohibited without The Regents’ prior written consent, which may be withheld in its sole discretion. Any unauthorized manipulation of this Content constitutes an infringement of The Regents’ Intellectual Property Rights, or of the Intellectual Property Rights of the respective owners of the Content.
You agree to defend, indemnify and hold harmless The Regents, its officers, agents and employees, harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising from: (i) your use of and access to the Website, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any other party’s access and use of the Website with your unique username, password or other appropriate security code.
THE WEBSITE AND CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE REGENTS DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE OR THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
In any event, your sole and exclusive remedy for any liability relating to or arising out of the website or this agreement, regardless of the form in which any legal or equitable action may be brought, shall be for you to discontinue your use of the service and terminate this agreement and to receive a refund up to the amount you paid to the regents during the thirty (30) days prior to such termination.
You agree that the Website shall be deemed solely based in California. This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and The Regents that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in San Francisco, California.
This Agreement and any other legal notices published by The Regents on the Website, shall constitute the entire agreement between you and The Regents concerning the Website.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and The Regents failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. The Regents reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review the Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
Access to the Website indicates your legal acceptance of these terms and conditions.