TERMS OF USE
Effective Date: August 26, 2014
These terms and conditions (these “Terms of Use”) apply to your use of www.causalbionet.com and all documents, Web pages, and other Content (as hereinafter defined) hosted thereon and thereunder (the “Site”). Philip Morris Products, S.A. (“PM”) and its Affiliates and subcontractors will operate the Site and provide and update the Content on the Site. As used in these Terms of Use, “Content” includes any information, articles, publication, models, communications, software, text, photos, video, graphics, music, sounds, data and other material and services that can be viewed by users on our Site.
YOUR USE OF THE SITE IS ALSO SUBJECT TO YOUR AGREEMENT TO THE PRIVACY POLICY. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE AND THE PRIVACY POLICY, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
As used in these Terms of Use, references to an entity’s “Affiliates” include that entity’s owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, contractors, subcontractors, suppliers and advertisers. References to our Affiliates include (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its Content.
This Site is operated for the purpose of publishing and disseminating the models and data relevant to systems and computational biology (the “Models”) that comprise the Content. The Site is not operated for advertising or marketing purposes. The Content on this Site is not and should not be or a solicitation of an offer to buy, any product of PM or its Affiliates.
We cannot guarantee that the information that we make available on this Site is fully accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance upon the material on this Site is at your own risk. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on this Site. You agree that it is your responsibility to monitor changes to the content of the Site, and that we shall not be liable to you or any third party should we exercise such right. You understand and agree that temporary interruptions of the availability of this Site may occur as normal events.
You are solely responsible for providing, at your own expense, all equipment necessary to use this Site. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, that delays and disruption of other network transmissions are completely beyond our control.
Your use of the Site is subject to applicable laws and regulations and you are solely responsible for the contents of your communications through the Site and your interactions with the Site. You agree that you will not use the Site in any way, that:
Not all areas of the Site may be available to you or other authorized users of the Site. You may not interfere with anyone else’s use and enjoyment of the Site. Users who violate systems or network security may incur criminal or civil liability.
You acknowledge and agree that (i) we may at any time, and at our sole discretion block your use of the Site without prior notice to you for violating any of the above provisions; and (ii) we can and will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
This Site may include links to other sites which may be operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained in those other sites. Except to the extent we operate these sites, we have not necessarily reviewed all the information on other sites and are not responsible for the content of any other sites or for any products or services that may be offered through other sites. Third-party sites may contain information with which we do not agree and may require registration or agreement with terms and conditions which differ from these Terms of Use. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites or as a representation that you are free to use any content, data or information on such linked sites without restrictions. Different terms and conditions may apply to your use of any linked sites. YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR OUR AFFILIATES ARE RESPONSIBLE FOR THE ACCURACY, INTELLECTUAL PROPERTY COMPLIANCE, LEGALITY, DECENCY, OR ANY OTHER ASPECT OF THE CONTENT OF SUCH SITES, NOR ARE WE RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY REFERENCES TO OTHER PARTIES OR THEIR PRODUCTS AND SERVICES.
Unless otherwise indicated on any particular portion of the Site, this Site is subject to copyright protection. All rights reserved.
You acknowledge and agree you are only permitted to use the Content as expressly authorized by us or the specific content provider. You may use the Models for your personal and research purposes and republish the Models only in association with a research or scholarly publication related to the Models, in each case provided that any publication of the Models includes an attribution to the authors of the Models and this Site in accordance with good scientific practice and the guidelines set forth on the Site. For avoidance of doubt, you may not use or republish the Models for any commercial purpose, including for building a commercial database or for mass replication in a database. With respect to the non-Model Content, except for a single copy made for personal use only, you may not copy, reproduce, modify, publish, upload, post, transmit, or distribute the non- Model Content in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. You may not remove any copyright or other notices that appear on the material you print or download. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/ or the name of PM or of its Affiliates. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
To cite to the Site you must use the following format (or such other format as may be published on the Site):
Causal Biological Network (CBN) Database: A Comprehensive Platform of Causal Biological Network Models Focused on the Pulmonary and Vascular Systems (submitted to NAR database issue).
Neither we nor our Affiliates warrant or represent that your use of materials (including the Models and Content) displayed on, or obtained through, this Site will not infringe the rights of third parties. See “User’s Materials and Infringement” below for a description of the procedures to be followed in the event that any party believes that Content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals via the Site, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
Designated Agent for Receipt of Notifications of Claimed Infringement: Philip Morris Products, S.A., Law Department, Quai Jeanrenaud 5, 2000 Neuchatel, Switzerland.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials may be referred to applicable authorities under applicable law. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
ALL CONTENT AND MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON- INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MODELS OR OTHER CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT, OR INFORMATION OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. WE ASSUME NO RESPONSIBILITY FOR ANY THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT ON THIS SITE, AT ANY TIME. THE CONTENT ON THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.
THE USE OF THE CONTENT OR THE DOWNLOADING OR OTHER ACQUISITION OF CONTENT OR ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES, CONTENT, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE EMPLOYEES, SUBCONTRACTORS, DIRECTORS, SHAREHOLDERS, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold PM and its Affiliates, or any of our or their respective employees, directors, shareholders, agents and representatives harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We, or our Affiliates (should they be the sole indemnified party), reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside Switzerland, and accessing them from territories where its contents are illegal is prohibited. Those who choose to access this Site from locations other than Switzerland do so on their own initiative and are responsible for compliance with local laws.
You acknowledge and agree that we may at any time, and at our sole discretion block your use of all or part of the Site without prior notice to you for reasons including, without limitation, breach of these Terms of Use. In addition, any suspected fraudulent, inappropriate, abusive or illegal activity may be grounds for terminating our relationship and may be referred to appropriate law enforcement authorities. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
These Terms of Use (including, for avoidance of doubt, the Privacy Policy) constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. We may need to change these Terms of Use from time to time in order to address new issues and reflect changes on our Site. We will post the revised Terms of Use on the Site, indicate the effective date of the revision and inform you that these Terms of Use have been changed. To continue using the Site you must agree to such revised Terms of Use.
You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use. YOU AGREE NOT TO SELL, RESELL, REPRODUCE, DUPLICATE, COPY OR USE FOR ANY COMMERCIAL PURPOSES ANY PORTION OF THIS SITE, OR USE OF OR ACCESS TO THIS SITE.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
This Site (excluding any linked sites) is controlled by PM, which is based in Switzerland. It can be accessed from Switzerland and also from other countries around the world which may have laws that differ from those of Switzerland. By accessing this Site you agree that these Terms of Use are governed by the laws of Switzerland. You agree to submit to the exclusive jurisdiction of the courts located in Lausanne, Canton of Vaud, Switzerland to resolve any legal matter arising from the dispute or claims. You and we hereby waive, to the fullest extent permitted by applicable law, any objection that it may now or hereafter have to the laying of venue of any such proceedings in such a court and any claim that any such proceedings brought in such a court have been brought in an inconvenient forum. You and we agree that a final judgment in any action or proceeding brought under this Section 19 shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by applicable law.
You may choose to communicate with us via the “Contact Us” link available on the homepage of the Site. We shall use your e-mail address and name only in accordance with the Privacy Policy.