Terms and Conditions

 

BioEnergetics Inc., provides the services made available at bioenergeticsinstitute.org and all other websites operated by BioEnergetics Inc. and all associated applications, including mobile applications, and services ("Service”).

 

BioEnergetics Inc., mission is to connect the world of science and medicine and make information open to all. Openness can only be achieved with comprehensive accessibility. We also gather information from external sources, in order to disseminate as much relevant scientific content as possible to drive medical science forward. Any natural or legal person who, as a recipient of the Service, accesses or uses the Service for any purpose is a User ("User", "you"). Our registered Users ("Members") can, by way of example, and not as a limitation, share their professional identities, credentials, awarded grants, display their academic publications, engage and collaborate with their networks, exchange knowledge and professional insights, contact or be contacted by other Users.

 

These Terms constitute a legally binding agreement between BioEnergetics Inc. and any of its Users.  Furthermore, a Visitor may also be asked to assent to these Terms in order to use a certain limited number of features on the Service. The Terms become binding on Members once we accept your offer to enter into a binding agreement with us, e.g., once you have submitted the registration process and we have sent confirmation that you have successfully registered for the Service.

 

The Service is only available to individuals who are at least 18 years old. If you are under 18, you may not use or attempt to register for the Service. In addition, if you have previously had your membership restricted by us, you may not attempt to register for the Service again.

 

Scope of the Service

Among other things, the Service provides you with the ability to add, create, upload, submit, distribute, send, share, or post ("submit", "submitting", or "submission") content, articles, data, text, photographs, images, illustrations, advertisements, job posts, or other information on or to the Service (collectively, the "Member Submissions"). By way of example, and not as a limitation, Member Submissions may be submitted when you request the Service to:

• identify, resolve, copy, or import content stored on your or a third party’s computer system;
• synchronize content such that the Service stores or "mirrors" content stored on your or a third party’s computer system by storing such content on equipment owned or operated by BioEnergetics Inc.;
• save or store your comments, edits, or annotations to content accessible through the Service; or
• share with another person any content stored on your or a third party’s computer system.

 

The Service also enables you to learn about other Members, get into contact with or be contacted by other Members and/or institutions, consume their work, their research, post and answer questions on various topics and interact with BioEnergetics Inc. community. The Service also allows you to present, organize and manage scientific collaboration.

The Service also provides you with functionalities that support your scientific work, your professional life and development. To be as helpful as possible, the Service takes information about you as a Member, your Member Submissions and your activity on the Service into account in suggesting content and providing other aspects of the Service. For further information regarding our data processing, please refer to our Privacy Policy.

 

BioEnergetics Inc. shall not be a contracting party to any agreements entered into by Users with other Users or with any third party via the Service. Users are solely responsible for the execution and/or fulfillment of agreements they enter into. BioEnergetics Inc. shall not be held liable for breaches of duty in relation to such agreements. If there is a dispute between you and a third party, you agree that BioEnergetics Inc. assumes no responsibility and is under no obligation to become involved.

 

The Service consists largely of information uploaded by and/or stored for the benefit of Members. We do not manually or automatically preview or review or filter all information. Therefore, we do not and cannot have current knowledge of possible infringements, inappropriate content, or violations of law caused by information that is uploaded by and/or stored upon the request of Members. We are not liable for such information (Digital Millennium Copyright Act, 17 U.S.C. section 512; Article 14 of Directive 2000/31/EC). We will, upon obtaining knowledge about or becoming aware of such infringements, act expeditiously to remove or disable access to such information. 

 

 

User Obligations

You warrant and represent that all personal data you provide is accurate. You are obliged to update such data when it changes. If you choose to use a profile photo, you must use a photo where you can be clearly identified and for which you have the necessary usage/license rights; images of more than one person, other people, animals, text, graphics and inappropriate content are not permitted.

 

You are responsible for ensuring that the use or other exploitation of any Member Submissions by you as contemplated by these Terms does not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, patent, copyrights, contract rights, or any other intellectual property or proprietary rights. Except in the case of Member Submissions containing content exclusively in the public domain, you represent and warrant, and can demonstrate to our full satisfaction upon request that (i) you own or otherwise control any and all rights or licenses required in order to submit or share all content in your Member Submissions and you consent to the use of such content as contemplated by these Terms, and (ii) you have full authority to act on behalf of any and all owners of any right, title, or interest in and to any content in your Member Submissions to use such content as contemplated by these Terms.

 

You understand that all information publicly posted or privately transmitted through the Service is the sole responsibility of the person by whom such content was submitted. We will not be liable for any errors or omissions in any such content. We reserve the right to delete, modify, demote, or reformat any materials, content, or information submitted by you when, in our sole discretion, we deem it to be necessary or appropriate, including if we determine that the content may expose us to harm, potential legal liability, or is in breach of these Terms. We do not endorse and have no control over any content submitted to the Service. We cannot guarantee the authenticity of any Member Submission. You acknowledge that all content accessed by you in connection with your use of the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting from your access to or your inability to access such content.

 

You understand that depending on your settings, your profile information, account activity or Member Submissions may be publicly available. In such case you understand that it may be shared with third parties (including other Members, recruiters or Visitors) and that we cannot and do not control any such third parties. For further information, please refer to our Privacy Policy. As a Member you may change the visibility of your profile information and full-text content at any time when you are logged in.

 

You are obliged to keep your password confidential at all times. BioEnergetics Inc. will not disclose your password to any third party, and will not ask for your password at any time other than during the login process. You are solely responsible for anything that happens through your account, unless you close it or report misuse.

 

You must not publish, share, sell, or make available information that is provided within the Service to any third party outside the Service, unless such a distribution or disclosure is intended within the scope of and in accordance with the Service. Information made available within the Service is not to be commercialized by Users in any way.

 

You must not store, process, or use any other User's personal data for any other purpose than the natural purpose of such data being published within the Service by the respective User.

In connection with using or accessing the Service, you shall not:

• Post false, inaccurate, dishonest, misleading, manipulative, deceptive, defamatory or libelous content;
• Use the Service to annoy, harass, abuse, degrade, shame, insult, bully, personally attack, or send other unwelcome communications to others (including to BioEnergetics Inc.), including but not limited to unwanted romantic advances, junk mail, offers to buy or sell, spam, chain letters, phishing schemes, and deceptive or excessive messages (cf. Section 7 of the German Unfair Competition Act - UWG);
• Use the Service to harm others or their careers or business prospects or to air personal grievances and disputes;
• Post personal data about another person without a legal basis to do so (such as their email address, phone number, identification number or document, photograph, or medical records);
• Post confidential or proprietary information, private communications, or any information you do not have a right to publish;
• Post content which constitutes hate speech, including, but not limited to, that which attacks people based on their race, ethnicity, national origin, political or religious affiliation, sexual orientation, sex, gender, gender identity, age, immigration status, disabilities or diseases;
• Post or share any pornographic, intimidating, abusive, shocking, immoral, sexually inappropriate, or violence-glorifying materials or any content that violates any applicable legislation for the protection of minors or communicates in any sexually explicit or suggestive way;
• Transfer your BioEnergetics Inc. account to another party without our consent, or operate an account under a false name or identity;
• Distribute or promote advertising or commercial promotional content, or send unsolicited promotional content, advertising, job offers, or business proposals, unless permitted by other BioEnergetics Inc. terms to which you have agreed;
• Commercialize any BioEnergetics Inc. application or any information or software associated with such application, except with the prior express permission of BioEnergetics Inc.in writing;
• Post or fulfill requests for unauthorized copyrighted material (e.g. software, books, publications) or "pirated" or "cracked" versions of software;
• Post content whose primary purpose is to drive Users to web pages, domains and/or applications outside of the Service, unless permitted by other BioEnergetics Inc. terms to which you have agreed;
• Act unprofessionally or inappropriately, including by posting broad, vague, irrelevant, untargeted, off-topic, or non-scientific content, potentially harmful or potentially dangerous content, or by misusing the Service and its features;
• Intentionally infect others with viruses, worms, or other software that can destroy, interrupt, or collect their data or computer devices;
• Post excessively within a short timeframe, interfere with the working of our Service, or impose an unreasonable or disproportionately large load on our infrastructure;
• Impose an unreasonable or disproportionately large administrative burden on BioEnergetics Inc., including by sending a disproportionate number of communications or reports to our Community Support Team;
• Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Service for any purpose, except with the prior express permission of BioEnergetics Inc. in writing;
• Employ any mechanisms, software, or scripts when using the Service;
• Block, overwrite, modify, or copy any contents of the Service, unless said actions are necessary for the proper use of BioEnergetics Inc.; or
• Encourage or enable any other individual to do any of the foregoing.

 

Copyright and other intellectual property rights

The software running the Service, the site design and content, the logos and other graphics, articles and other texts, as well as the database are protected by copyright, trademark, and other intellectual property laws in multiple jurisdictions. For information about protecting Intellectual Property on the Service.

 

Changes to the Service

We reserve the right to modify the Service or to offer services different from those offered at the time of the User’s registration at any time, in particular under, but not limited to, the following circumstances:

• We introduce new features that enhance the Service;
• To the extent we are required in order to comply with applicable law, including in the event of a change in such laws;
• To the extent we are required to do so because of a legal order or decision by a government authority;
• To the extent the respective modifications are required to mitigate any potential security vulnerabilities;
• If the modification is only beneficial to the Member; or
• If the modification is of a purely technical or process-related nature without any material impact on the Member.

 

Changes to these Terms

• We may change the Terms at any time. You will become subject to the new terms if you explicitly agree to them, or we provide you with notice of the changes. We will provide such notice by sending you an email and/or notifying you on the Service. Unless we state otherwise, changes are effective thirty days from the time they are posted. In our notices, we will inform you of the new terms and the main changes to these Terms, your right to object and the importance of the deadline to object. You are obliged to check your account regularly for a notice about changes to these Terms. For the avoidance of doubt, if you continue to use your Account after the notice period, you agree that you are bound by the changes.
• If you do not agree with the new terms you must close your account.
• If you have a dispute with us, the version of the terms in effect at the time that we receive actual notice of your dispute shall apply.

 

Term, Termination

You may terminate the contractual relationship at any time without cause by deleting your account. In order to protect you from unauthorized deletion of your account, we may be required to perform an identity check before agreeing to delete your account at your request.

BioEnergetics Inc. is entitled to immediate extraordinary termination for good cause at any time. Extraordinary termination for good cause is defined as an event which makes it unacceptable for the terminating party to continue the agreement until the end of the termination period, taking into account all circumstances of the individual case and weighing up the interests of both parties. A good cause for BioEnergetics Inc. includes, but is not limited to, any of the following events:

• The Member fails to comply with any applicable legal provisions;
• The Member breaches a contractual obligation of these Terms;
• The reputation of the Service is potentially substantially impaired by the online presence of the Member;
• The Member promotes any communities or associations, or any of their methods or activities, which are accused of a crime, or under surveillance by authorities responsible for public safety or the protection of minors;
• The Member causes harm or poses a risk to any other User(s); or
• The Member exposes BioEnergetics Inc. to potential risk or legal liability.

In the event of a good cause and notwithstanding our right to terminate, we are entitled to:

• Delete or modify Member Submissions;
• Issue a warning to the Member;
• Suspend, disable, restrict, or block the Member’s access to the Service;
• Take technical and/or legal steps to prevent the Member from using our Service.

If the Member relinquishes or loses the right to use the Service, the following shall survive termination:

• The ability of other Members and Visitors to use and share any content and information shared by the Member through the Service in accordance with the Terms and applicable laws, when appropriate;

 

 Indemnity

You will indemnify and hold BioEnergetics Inc. (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms, your improper use of the Service, or your breach of any law or your violation of the rights of a third party.

 

No warranty, release, and limitation of liability

The Service is provided "as is" and we disclaim any and all representations and warranties, whether express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for any particular purpose, or non-infringement. We do not promise any specific results, effects, or outcome from the use of the Service. We do not represent or warrant that the Service and the data and information provided are accurate, up-to-date, complete, or reliable.

You acknowledge and agree that you assume full responsibility for your use of the Service and the data. Recognizing such, you understand and agree that, to the fullest extent permitted by applicable law, neither we (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) nor any of our suppliers or licensors will be liable to you for any direct, indirect, incidental, special, consequential, punitive, exemplary, or other damages of any kind, including without limitation damages for loss of profits, goodwill, use, data or other tangible or intangible losses or any other damages based on contract, tort (including but not limited to negligence), strict liability, or any other theory (even if we have been advised of the possibility of such damages), resulting from your use of or inability to use the Service and/or the data; unauthorized access to or alteration of your transmissions or data; any actions we take or fail to take as a result of communications you send us; human errors; viruses; or technical malfunctions. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to us for use of the Service over the past twelve (12) months, or one hundred dollars ($100), whichever is greater. Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you. However, if you are a resident of the State of New Jersey, these limitations and exclusions do apply to you.

If you have a dispute with one or more Users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.