bioPing™ Terms of Service
Please read this Agreement carefully before creating, accessing or using the Profile. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Profile or use any services. If these terms and conditions are considered an offer by bioPing™, acceptance is expressly limited to these terms. The Profile is available only to individuals who are at least 13 years old.
Your bioPing™ Account and SiteIf you create an bioPing™ profile on the website, you are responsible for maintaining the security of your account and profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the profile. You must not describe or assign keywords to your profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and bioPing™ may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause bioPing™ liability. You must immediately notify bioPing™ of any unauthorized uses of your profile, your account or any other breaches of security. bioPing™ will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
PasswordsYou are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. bioPing™ cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Responsibility of ContributorsDuring the private invitation period, if you do not complete registration within 30 days of the time and date that the invitation email was sent, the username you reserved will become publicly available. If you operate a profile, comment on a profile, post material to the profile, post links on the profiles, or otherwise make (or allow any third party to make) material available by means of the Profile (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your profile is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; your profile is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your profile’s URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by bioPing™ or otherwise. By submitting Content or linking to other Profiles to bioPing™ for inclusion on your profile, you grant bioPing™ a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your profile. If you delete Content, bioPing™ will use reasonable efforts to remove it from the profile, but you acknowledge that caching or references to the Content may not be made immediately unavailable.?Without limiting any of those representations or warranties, bioPing™ has the right (though not the obligation) to, in bioPing™’s sole discretion (i) refuse or remove any content that, in bioPing™’s reasonable opinion, violates any bioPing™ policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Profile to any individual or entity for any reason, in bioPing™’s sole discretion. bioPing™ will have no obligation to provide a refund of any amounts previously paid.
Username ConflictsbioPing™ has a zero tolerance policy for the practice of deliberately claiming a recognizable name which does not belong to the claimant (ie. "name squatting"). Beyond prevention of infringement on trademarks, brands and DBA names, bioPing™ is committed to ensuring the right of individuals in the public sphere to claim their legal names and associated monikers on the Service. By registering a recognized name (e.g. that of a celebrity, recording artist, or actor) you agree to forfeit that username should the rightful owner protest your claim. With no prior notice, bioPing™ reserves the right to delete any and all uploaded assets, including text and images, and re-assign the account email and password to the authenticated claimant.
Fees and PaymentOptional premium paid services such as theme upgrades, deep dive analytics, domain purchases are available on the Profile. By selecting a premium service you agree to pay bioPing™ the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
Services Fees PaymentCurrently, bioPing™ is a free service. We maintain the right to change that at a later date. bioPing™ reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on 30 days written notice to bioPing™.
SupportServices include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by bioPing™ to respond within one week) concerning the use of the Services. “Priority” means that support for Services customers takes priority over support for users of the standard, free bioPing™ profile services. All Services support will be provided in accordance with bioPing™ standard Services practices, procedures and policies.
Responsibility of Profile VisitorsbioPing™ has not reviewed, and cannot review, all of the material, including computer software, posted to the Profile or profile, and cannot therefore be responsible for that material’s content, use or effects. By operating the Profile, bioPing™ does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Profile may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Profile may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. bioPing™ disclaims any responsibility for any harm resulting from the use by visitors of the Profile, or from any downloading by those visitors of content posted.
Content Posted on Other ProfilesWe have not reviewed, and cannot review, all of the material, including computer software, made available through the profiles and webpages to which bioPing™ links, and that link to bioPing™. bioPing™ does not have any control over those non-bioPing™ profiles and webpages, and is not responsible for their contents or their use. By linking to a non-bioPing™ profile or webpage, bioPing™ does not represent or imply that it endorses such profile or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. bioPing™ disclaims any responsibility for any harm resulting from your use of non-bioPing™ profiles and webpages.
Copyright Infringement and DMCA PolicyAs bioPing™ asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by bioPing™ violates your copyright, you are encouraged to notify bioPing™ in accordance with bioPing™’s Policy. bioPing™ will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of bioPing™ or others, bioPing™ may, in its discretion, terminate or deny access to and use of the Profile. In the case of such termination, bioPing™ will have no obligation to provide a refund of any amounts previously paid to bioPing™.
Intellectual PropertyThis Agreement does not transfer from bioPing™ to you any bioPing™ or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with bioPing™. bioPing™, the bioPing™ logo, and all other trademarks, service marks, graphics and logos used in connection with bioPing™, or the Profile are trademarks or registered trademarks of bioPing™ or bioPing™’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Profile may be the trademarks of other third parties. Your use of the Profile grants you no right or license to reproduce or otherwise use any bioPing™ or third-party trademarks.
ChangesbioPing™ reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Profile following the posting of any changes to this Agreement constitutes acceptance of those changes. bioPing™ may also, in the future, offer new services and/or features through the Profile (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
TerminationbioPing™ may terminate your access to all or any part of the Profile at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your bioPing™ account (if you have one), you may simply discontinue using the Profile. Notwithstanding the foregoing, if you have a Services account, such account can only be terminated by bioPing™ if you materially breach this Agreement and fail to cure such breach within thirty (30) days from bioPing™’s notice to you thereof; provided that, bioPing™ can terminate the Profile immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of WarrantiesThe Profile is provided “as is”. bioPing™ and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither bioPing™ nor its suppliers and licensors, makes any warranty that the Profile will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Profile at your own discretion and risk.
Limitation of LiabilityIn no event will bioPing™ or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to bioPing™ under this agreement during the twelve (12) month period prior to the cause of action. bioPing™ shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
IndemnificationYou agree to indemnify and hold harmless bioPing™, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Profile, including but not limited to your violation of this Agreement.
MiscellaneousThis Agreement constitutes the entire agreement between bioPing™ and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of bioPing™ , or by the posting by bioPing™ of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Profile will be governed by the laws of Madrid, Spain, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and courts located in Madrid City, Spain. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Madrid, Spain, in the Spanish or English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; bioPing™ may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.