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The following is an agreement between you and MMC Productions Inc which governs the use of this Web Site, Scifin.net and any web page which is a part of this Web Site and your purchase of any product or service through the use of this Web Site. 1. ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. Your use of this Web Site, including visiting any page which is a part of this Web Site, or downloading or uploading any material on this Web Site, is conditioned on (a) your acceptance of these Terms of Use (“Terms (b) IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEB SITE OR VISIT ANY PAGE WHICH IS A PART OF THIS WEB SITE OR UPLOAD OR DOWNLOAD ANY VIDEO OR OTHER MATERIAL TO OR FROM THIS WEB SITE. THESE TERMS CONTAIN DISCLAIMERS AND LIMITATIONS OF WARRANTIES AND LIABILITIES AND MMC Productions Inc may, in its sole discretion, modify, amend or revise these Terms and any other Web Site policies at any time, and you agree to be bound by such modifications or revisions. Although MMC Productions Inc may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version. Your use of the Web Site after such modification, amendments or revisions, whether or not you have been notified of the same, constitutes your acceptance of the revised terms. MMC Productions Inc hereby grants you permission to access and use the Website (www.Scifin.net) as set forth in these Terms of Service, provided that: A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without MMC Productions Inc prior written authorization. B. You agree not to alter or modify any part of the Website, including but not limited to Scifin.net Embeddable Player or any of its related technologies. C. You agree not to access User Submissions (defined below) or Scifin.net Content through any technology or means other than the video playback pages of the Website itself, the Scifin.net Embeddable Player, or other explicitly authorized means MMC Productions Inc may designate. D. You agree not to use the Website, including the Scifin.net’s Embeddable Player for any commercial use, without the prior written authorization of MMC Productions Inc. Prohibited commercial uses include any of the following actions taken without MMC Productions Inc express approval: sale of access to the Website or its related services (such as the Embeddable Player) on another website; use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue; the sale of advertising, on the Scifin.net website or any third-party website, targeted to the content of specific User Submissions or Scifin.net content; and any use of the Website or its related services (such as the Embeddable player) that MMC Productions Inc finds, in its sole discretion, to use MMC Productions Inc resources or User Submissions with the effect of competing with or displacing the market for Scifin.net, Scifin.net content, or its User Submissions. The content on the Scifin.net Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MMC Productions Inc, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MMC Productions Inc reserves all rights not expressly granted in and to the Website and the Content. You may access User Submissions solely: for the promotion of research and technology for the purposes of commercialization in answer to a request to a technological need for Streaming. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Scifin.net Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is." You may access Scifin.net Content, User Submissions and other content only as permitted under this Agreement. MMC Productions Inc reserves all rights not expressly granted in and to the Scifin.net Content and Service.You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Scifin.net Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Scifin.net Website or the Content therein.You understand that when using the Scifin.net Website, you will be exposed to User Submissions from a variety of sources, and that MMC productions Inc is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MMC Productions Inc with respect thereto, and agree to indemnify and hold MMC Productions Inc, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. As a Scifin.net account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Scifin.net does not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize MMC Productions Inc to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to MMC Productions Inc you hereby grant MMC Productions Inc a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Scifin.net Website and MMC productions Inc (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Scifin.net Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each permitted user of the Scifin.net Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Scifin.net Service. You understand and agree, however, that Scifin.net may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable. You are required to set up an account to use certain of the features or services on the Web Site. You agree to provide accurate and complete information when setting up that account. You are solely responsible for maintaining the confidentiality and security of your username and password and for all activity on your account. You are required to notify us immediately if there has been any unauthorized use or access of your account. The Web Site may contain links to third party websites that are not owned or controlled by MMC Productions Inc. MMC productions Inc has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using our Web Site, you expressly relieve Scifin.net from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Web Site and to read the terms and conditions and privacy policy of each other website that you visit. By submitting a User Submission for inclusion, use or distribution on this Web Site, you warrant, represent, and agree that (a) you have the authority to grant the rights to such User Submission which are being granted hereunder; (b) you own and/or control all rights in and to such User Submission; (c) that the User Submission will not violate any copyright, trademark, trade secret, patent or other proprietary or intellectual property right of any third party; (d) if you have uploaded a User Video for streaming, you agree to the best of your ability that it is a true representation of the technology to which it refers; (e) that any User Submission or other content that you upload, post, transmit or otherwise make available on the Web Site will not contain any viruses or any other destructive or malicious files or programs; and (f) that any User Submission or other content that you upload, post, transmit or otherwise make available on the Web Site will not contain any defamatory, obscene, libelous, threatening, unlawful, invasive of another's privacy, hateful, or otherwise objectionable matter, or any material that would or could cause harm to minors or animals in any way. MMC Productions Inc does not endorses or assumes any responsibility for any User Submission or any of its contents. Any opinions, findings, and conclusions or recommendations expressed in any upload, post, transmit or otherwise made available material including all files types uploaded on the Web Site are those of the author(s) and do not necessarily reflect the views of MMC productions Inc. Scifin.net neither assumes, has, nor will have any responsibility or liability for any claims, costs, and damages arising from any infringement of copyright, trademark, patent, trade secret or other proprietary rights or any other claims, costs, and damages arising from Scifin.net’s inclusion, use or distribution of any User Submission or other content submitted by you. Scifin.net reserves the right, in its sole discretion, with or without cause, to remove any User Submission without prior notice. Scifin.net requires that all User Submissions on the Web Site contain scientific experiments and research content leading to specific experimental results and that all User Submissions not violate US or internationally-accepted ethical standards. All registered members of Scifin.net are required to be considerate of the textual content that they upload including descriptions of videos, commentary, and private messaging. In addition,. Scifin.net reserves the right, in its sole discretion, to remove any materials not deemed to meet these standards. If you have a concern about the appropriateness of your video content, please contact us prior to uploading. If you are a visitor or user of the Web Site, Scifin.net hereby grants you non-exclusive, non-transferable permission to access and use the Web Site for your personal educational purposes only, provided that you agree to the following restrictions: A. not to engage in the use, copying, or distribution of any of the User Submissions or any other content on the Web Site other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Web Site for any commercial purposes; B. not to alter or modify any part of the Web Site; C. not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Web Site in a manner that sends more request messages to the Scifin.net servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; D not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use of any User Submission or enforce limitations on use of the Web Site or use of any User Submission; and F. to otherwise comply with these Terms, Scifin.net community guidelines, and all applicable local, national, and international laws and regulations. Scifin.net reserves all rights not expressly granted in and to the Web Site and any content contained thereon. MMC Productions Inc reserves the right to determine, in its sole discretion, whether or not any user of the Web Site is in violation of the Terms or any other policies of the Web Site, or whether any User Submission is appropriate and complies with these Terms. In addition to any other rights or remedies MMC Productions Inc may have at law or equity, MMC Productions Inc may remove such User Submissions and/or terminate a User's access for any violation of these Terms at any time, without prior notice and at its sole discretion. DIGITAL MILLENNIUM COPYRIGHT ACT MMC Productions Inc recognizes and respects the importance of intellectual property rights and endeavors to take reasonable steps to protect the intellectual property rights of others. Scifin.net’s policy is to promptly process and investigate notices of alleged copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 ("DMCA"). A. Contents of Notice If you believe that this Web Site, any User Submission or other content on this Web Site, any software utilized on this Web Site, or any service or product available for use or sale through this Web Site constitutes an infringement of your copyright, trademark, patent, trade secret or other proprietary or contractual rights, please advise Scifin.net immediately by sending written notice specifying all elements of your claim of infringement to: 8500 Sterling Bridge Road, Chapel Hill, NC 27516 The DMCA requires that all notices of alleged copyright infringement must be in writing. When informing the designated agent of an alleged copyright infringement, the complainant must: (1) Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a list of the works on that site. (2) Describe the material that is claimed to be infringing and provide sufficient information to permit MMC Productions Inc to locate that material. (3) Provide your contact information, including an address, telephone number, and, if available, an e-mail address. (4) Certify or include a statement that the complainant has a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law. (5) Certify that the information that you have provided MMC Productions Inc is accurate. The complainant should attest under penalty of perjury that s/he is authorized to enforce the copyrights that have allegedly have been infringed. (6) Include a physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner. Before the complainant alleges an infringement, s/he should consult copyright materials to confirm that the use is, in fact, infringing. The United States Copyright Office provides basic information, online, at http://www.loc.gov/copyright/circs/circ1.html, which can assist one in determining whether an exception or defense, such as fair use, may apply to the use of your copyrighted work. B. Notice, Takedown, and Putback Procedure Scifin.net expects all users of its system to comply with applicable copyright laws. However, if MMC Productions Inc is notified of a claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond appropriately, which may include removing or disabling access to the material that is claimed to be infringing. Scifin.net will follow the procedures outlined in the DMCA with regard to appropriate notifications of the user and the complaining party, acceptance of counter notifications, and, where indicated, "putback" of the alleged infringing material. Refer to the United States Copyright Office for the provisions of the DMCA at http://www.loc.gov/copyright/legislation/dmca.pdf. C. Repeat Infringers Scifin.net will terminate a user's access to its Web Site if, under appropriate circumstances, they are determined to be a repeat infringer. WARRANTY DISCLAIMER YOU AGREE THAT YOUR USE OF THE WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SCIFIN.NET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND YOUR USE THEREOF. ALL USER SUBMISSIONS ARE PROVIDED ON AN “AS-IS” BASIS. SCIFIN.NET MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE USER SUBMISSION OR ANY OTHER CONTENT ON THE WEB SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES IN ANY USER SUBMISSION OR ANY OTHER WEB SITE CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEB SITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF ANY USER SUBMISSION OR THE WEB SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SCIFIN.NET SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, AND (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY. LIMITATION OF LIABILITY IN NO EVENT SHALL SCIFIN.NET, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY USER SUBMISSION OR OTHER CONTENT ON THE WEB SITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SCIFIN.NET 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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SCIFIN.NET SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. You agree to defend, indemnify and hold harmless MMC Productions Inc, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Web Site; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret, patent, or any other property, intellectual property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Web Site. A. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. B. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SciFin.Net without restriction. No third party beneficiary rights are conferred by the Terms. C. You agree that: (i) the Web Site shall be deemed solely based in North Carolina; and (ii) the Web Site shall be deemed a passive website that does not give rise to personal jurisdiction over Scifin.net, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. Any claim or dispute between you and MMC Productions Inc that arises in whole or in part from the Web Site shall be decided exclusively by a court of competent jurisdiction located in Orange County, North Carolina. D. The Web Site is controlled and offered by MMC Productions Inc from its facilities in the United States of America. MMC Productions Inc makes no representations that the Web Site is appropriate or available for use in other locations. Those who access or use the Web Site from other jurisdictions do so at their own volition and are responsible for compliance with local law E. The Terms, together with the Privacy Policy and any other legal notices published by Scifin.net on the Web Site, shall constitute the entire agreement between you and Scinet concerning the Web Site and any use thereof. F. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. G. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and MMC Productions Inc failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
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