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USER AGREEMENT FOR WWW.NATURE.COM/SCITABLE

February 11, 2014

The Nature Education website, located at www.nature.com/scitable is operated by Nature Education, a division of Nature America, Inc. Throughout the website (the "Site"), the terms "Nature Education," "we," "us" and "our" refer to Nature Education. By using and/or visiting this website (including any information, features, content and functionality available from this website) you signify your agreement to all the terms, conditions, policies and notices stated in this User Agreement (the "User Agreement"), and in the Nature Education Privacy Notice, found at www.nature.com/scitable/privacyPolicy, which is incorporated herein by reference. Please do not use this Site if you do not agree to these terms or the Privacy Notice.

Purpose of This Site.

Nature Education is an online service to help science faculty and students teach and learn science concepts and connect with other science faculty and students.

Personal Registration.

Although access to certain of this Site's basic content is open to all users, whether registered or unregistered, in order to access some features of the Site (including personal page creation, group page creation, and blog authoring), you will have to create a Nature Education account. Once registered, you are responsible for maintaining the confidentiality of your password and account, and remain responsible for all activities that occur under your password or account with or without your knowledge. Users may not have more than one active account. You may not sell, trade or otherwise transfer a Nature Education account to another party. If you knowingly provide your login and password information to another person, your account privileges may be suspended or terminated. You agree to immediately notify Nature Education of any unauthorized use of your password or account or any other breach of security. Nature Education will not be liable for any loss or damage arising from your failure to comply with this section.

Personal registration in Nature Education, along with participation in associated website features such as personal pages, group pages, and blogs, is not available to minors under the age of 13. Signing up for a basic Nature Education account is currently free, but Nature Education reserves the right to charge for services offered on this Site, including services you have previously accessed for free, at any time.

Termination.

You agree that Nature Education may, without or without cause, immediately terminate your Nature Education account and/or access to this Site without prior notice in its sole discretion, and shall have no liability of any kind in connection with any such termination.

Use of Material From This Site

This Site (including but not limited to software, files, graphics and data found on the Site) is the property of and owned by Nature Education or its licensors and is protected by copyright, trademark and other laws of the United States and other countries. Unless otherwise expressly stated with respect to particular material on the Site, you may display and electronically copy, download and print hard copy versions of any material contained on the site that is expressly designated as © Nature Education for your personal and noncommercial use provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you copy, download or print.

The rights granted above to display and electronically copy, download and print hard copy versions of material designated © Nature Education DO NOT APPLY to any materials not explicitly designated as © Nature Education, including without limitation materials indicating that copyright is owned by another party, even if within an article which is designated © Nature Education (by way of example only, images or figures designated © NPG, © Nature America, or © W.H. Freeman within an article designated © Nature Education). No rights whatsoever are granted in any such materials.

NOTWITHSTANDING ANYTHING TO THE CONTRARY in this User Agreement, nothing herein is intended to prevent you from using any materials from this site as permitted under fair use principles applicable under the copyright laws of the United States, including the right to use the materials as an instructional resource in an educational setting under certain conditions. PLEASE NOTE: Fair use is a doctrine that may not apply under copyright laws of jurisdictions other than the United States. You should not assume that you have the right to use in accordance with fair use principles any materials other than those copyrighted solely in the name of Nature Education, and Nature Education does not purport to grants you any rights in such materials under this User Agreement.

Occasionally, material within the Site which is designated © Nature Education may also be designated as distributable under special license terms (for example only, "© Nature Education - This article is available under a Creative Commons Attribution Non-Commercial Share-Alike license, CC-BY-NC-SA"). Such material is exempt from the general restrictions outlined above and is instead subject to the specific terms of the referenced license.

When you display, copy, download or print any material on or from the Site, it is provided to you by Nature Education under a license that is revocable. Nature Education or its licensors retain full and complete title to the material on this Site and to any and all of the associated intellectual property rights.

Prohibited Uses of This Site.

As a condition to your continued use of this Site, you agree that you will not use this Site for any purpose that is unlawful or prohibited by this User Agreement. Further, you agree, except as expressly permitted under "Use of Material From This Site", above or as otherwise permitted under applicable law:

  • Not to distribute in any medium all or any part of the Site, including without limitation content under copyright of Nature Education or its affiliates or licensors, or User Submissions (as defined below);
  • Not to modify, distribute, transmit, perform, broadcast, publish, license, reverse engineer, transfer or sell, or create derivative works from, any material, information, software, products or services obtained from the Site'
  • Not to use the Site for any commercial purpose without the prior written consent of Nature Education. Prohibited commercial uses include, without limitation, the following:
    • Sale of access to the Site, or any services, functionality or content available on the Site, on another website;
    • Inclusion of any material from the Site in any website, widget or printed material to which access is sold;
    • Use of the Site, or any services, functionality or content available on the Site, for the purpose of gaining advertising or subscription revenue; and
    • Use of the Site, or any services, functionality or content available on the Site, for the purpose of competing with, or displacing the market for, Nature Education.
  • The following ARE NOT prohibited commercial purposes:
    • Creating a personal or group profile on the Site to promote a educational, or scientific enterprise;
    • Using content from the Site solely as permitted under the section of this User Agreement entitled "Use of Material From this Site", below;
    • Any use pre-approved in writing by Nature Education.

Material You Submit.

As a Nature Education account holder, you may submit content and site-related comments ("User Submissions"). You understand that whether or not such User Submissions are published, Nature Education does not guarantee confidentiality with respect to User Submissions.

You acknowledge that you are responsible for all User Submissions you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You represent, warrant, and covenant that (i) you own all rights to the content you post or otherwise control or have obtained from the owner sufficient rights to grant the rights you grant by this User Agreement, and (ii) none of the content you submit will violate, or cause you to be in violation of, any provision set forth under "User Conduct", below. If you submit any video content through this site, you further represent, warrant and agree that you have written consent or permission of each identifiable individual in such content to use their name and likeness and grant the rights you grant in this User Agreement.

For clarity, you (or your licensor) retain ownership of the copyright in your User Submissions. However, by submitting User Submissions to this Site, and unless we indicate otherwise, you grant Nature Education and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Submissions throughout the world in any media now known or hereafter invented. You also grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, display and perform such User Submissions. You grant Nature Education and its affiliates the right to use the name you submit in connection with such content, if they so choose. All personal information provided via this Site will be handled in accordance with the site's online Privacy Notice.

Nature Education does not endorse any User Submission or any opinion, recommendation, or advice expressed therein; Nature Education expressly disclaims any and all liability in connection with User Submissions. Nature Education has no obligation to post or otherwise publish or use any User Submission. Nature Education reserves the right to right to remove any User Submission at any time without prior notice.

User Conduct.

In connection with your use of this Site, you agree:

  • Not to post content or initiate communications which are unlawful, defamatory, abusive, obscene, indecent, lewd, pornographic, violent, threatening, discriminatory, or otherwise objectionable;
  • Not to make any personal attack on any person, firm or company;
  • Not to use this Site for any purpose that constitutes or encourages a criminal offense, including but not limited to conspiring to violate laws.
  • Not to falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
  • Not to upload, post, email, transmit or otherwise make available any content which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Not to upload, post, email, transmit or otherwise make available any content that infringes upon patents, trademarks, trade secrets, copyrights, rights of publicity or privacy or other proprietary or personal rights;
  • Not to upload, post, e-mail, transmit or otherwise make available any content that is intentionally false, is misleading, or is potentially damaging or harmful;
  • Not to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," political campaigning or any other form of solicitation;
  • Not to upload, post, email, transmit 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;
  • Not to stalk or harass anyone;
  • Not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through this Site.
  • Not to interfere with or disrupt this Site or servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site.
  • Not to collect personal information about individuals
  • Not to use this Site as a forwarding service to another website;
  • Not to allow usage by others in such a way as to violate this User Agreement

Monitoring and Enforcement.

We reserve the right to monitor all activity and content on this Site, but we are not obligated to do so. Because community standards vary, and because individuals sometimes choose not to comply with our policies, in the process of using our website you may be exposed to content that you find offensive or objectionable. You can contact us as provided under "Contact Us", below, to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention, and may take any action that we believe is appropriate, including, without limitation, issuing warnings, removing content or terminating accounts. However, because interpretations may vary, we also reserve the right not to take any action.

Accuracy, Completeness and Timeliness of Information on the Site.

We are not responsible if information we make available on this Site is not 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 basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance on the Material on this site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. This Site may also contain information provided by third parties, and opinions and views of third parties. We are under no obligation to verify any information provided by third parties, and the opinions and views expressed by third parties are not those of Nature Education, and are not endorsed by us. In the course of using this Site, users may provide information about themselves to other users. You understand that Nature Education does not guarantee the identity of any other user with whom you may interact, or the authenticity of any information the user may provide about themselves or their relationships. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the Site.

Trademarks and Copyrights.

This Site features trademarks, service marks and logos that are the property of Nature Education and its affiliates or licensors. This Site also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner. This Site and all of its contents including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Access to Service/Crawling/Framing.

Use of manual or automated software, devices or other processes to "crawl" or "spider" any part of this Site is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, any page or content from this Site. You also agree not to "frame" or in-line link to any page or content from this Site, or otherwise simulate the appearance or function of this Site. Further, you agree not to take any action that interferes with the proper working of, or places an unreasonable burden on, our infrastructure.

Intellectual Property Rights of Others.

We respect the intellectual property rights of others, and we request that our visitors do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:

Nature Education
c/o Macmillan
175 Fifth Avenue
New York, NY 10010
Attention: Legal Department
e-mail: copyrightagent@macmillanusa.com

Please include all of the following in your notification:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  • a description of the copyrighted work you claim has been infringed;
  • a description of where the material you claim is infringing is located on the site;
  • your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
  • 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 authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DISCLAIMERS.

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. NATURE EDUCATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NATURE EDUCATION OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. NATURE EDUCATION DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE WITH RESPECT TO MATERIALS FROM THIS SITE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT ALL OR A PORTION OF THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU, IN WHOLE OR IN PART. IN SUCH CASES, THE DISCLAIMER WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE TO THE FOLLOWING: NEITHER NATURE EDUCATION NOR ANY OF ITS AFFILIATES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT WILL NATURE EDUCATION'S TOTAL CUMULATIVE DAMAGES TO YOU EXCEED US$100, SUBJECT ONLY TO ANY LIABILITY WHICH CAN NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

Indemnification.

You agree to indemnify, defend and hold harmless Nature Education and its affiliates, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from any violation of this User Agreement. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.

Links:

This Site may contain links to other websites. These links are provided as a convenience to you and as an additional avenue of access to the information contained herein. We have not necessarily reviewed the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites.

Jurisdiction and Laws:

This User Agreement and your use of the Site are governed by the laws of the State of New York in the United States of America, and you irrevocably consent to the jurisdiction of the courts located in the State of New York for any action to enforce this User Agreement. Regardless of the country in which you reside, you agree to comply with all applicable local rules for jurisdiction from which you access this Site, including but not limited to rules regarding online conduct and acceptable content. Without limiting the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. In the event of any legal action arising from or relating to this User Agreement or your use of this site, you hereby waive the right to a jury trial.

Changes to This User Agreement.

We reserve the right, in our sole discretion, to change the terms of this User Agreement at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.

Miscellaneous.

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. This User Agreement, and any other policies or guidelines referenced herein, are the entire agreement and understanding between you and Nature Education with respect to use of this Site and the contents thereof, superseding all prior or contemporaneous communications. A printed version of this User Agreement shall be admissible in judicial or administrative proceedings based on or relating to use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to Contact Us.

If you have any questions or comments about this User Agreement, or want to report a violation of these terms, please contact us at:

Nature Education
Attn:User Agreement Issues
25 First Street, Suite 104
Cambridge, MA 02141

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