Terms of Service
1. INTRODUCTION AND ACCEPTANCE OF TERMS
This is a legal agreement between Massive Science Inc. (“the website,” “Massive,” “we,” or “us”), and you (“the user”) governing your use of the website and the associated services (“the services”) provided by the company.
Please read this Agreement carefully. By accessing the website, you agree to follow the terms and conditions set out in the following agreement. If you do not accept these terms, we do not grant you any license or rights to the use of the website and all associated services.
2. MODIFICATION OF TERMS
3. DESCRIPTION OF ASSOCIATED SERVICES
As part of the website, we provide you, the user, with the ability to comment on and submit content to the website via email, Twitter 'ask a question' buttons, Facebook, our feedback chat widget, polls, contest forms, newsletter mailing lists, or any other method of contribution. Your use of these services is subject to the terms of agreement and any and all applicable laws in your country.
4. YOUR INTELLECTUAL PROPERTY
By participating in the above services or in any other way submitting content to the website, including but not limited to posting comments, videos, music, audio clips, or other multimedia to the website, or by creative submission sent via e-mail to Massive, you grant Massive a perpetual, non-exclusive, royalty free, fully paid, license to use, publish, display, distribute, modify, reproduce, and, with the exception of creative submissions unless otherwise agreed upon, make available for download and creative derivative works or your submissions, in any form electronic or not, at any point in time.
5. OUR INTELLECTUAL PROPERTY
Massive provides articles, photographs, videos, music, audio clips and other multimedia content (“the content”) to be read by you, the user. This content is wholly owned by Massive and/or the company and/or its contributors and/or its licensees unless otherwise noted.
You may not sell, offer for sale the content or use the content to generate money in any way, including but not limited to redistribution on another website, without the prior written consent of Massive. Moreover, you may not modify, edit or alter any content without prior written consent of Massive.
You must abide by all copyright notices, information, or restrictions posted to the website or contained in communication between you and Massive.
6. USE OF THE WEBSITE AND SERVICES
As a condition of using the website and associated services, you agree not to use the website and its services for any purpose that is illegal in your country or prohibited by the agreement, or for any other purpose not reasonably intended by Massive.
By accepting this agreement, you agree not to use the services for purposes including but not limited to:
- abusing, threatening, harassing, impersonating, intimidating, or in any other way intentionally attempting to do harm to any other person accessing the website;
- contributing any content that infringes on another person’s copyright, trademark, or any other legal intellectual property rights;
- contributing any content that is libelous or defamatory in nature;
- contributing any content that is abusive or violates the law or the rights of any third party;
- attempting any illegal or unauthorized activities. International users agree to comply with all applicable local laws in the use of the website;
- attempting to obtain the private information of any user of the website, including but not limited to official Massive accounts, e-mail address passwords, or any other private information;
- creating, submitting, or trying to harvest information for the distribution of unwanted email or messages through any medium (“spam”) to any website or e-mail users of this or any other URL;
- violating any laws that apply to you (including but not limited to copyright, trademark, and any intellectual property laws);
- submitting links to any websites that participate in illicit activity, to affiliate programs, pyramid or multi-level marketing (“MLM”) schemes, sites/blogs that infringe on others’ copyright, or off-topic content;
- attempting to gain access to a Massive account;
- excepting RSS feed access, using a robot, spider or any other software to access the site for any purpose with the express written consent of the Massive;
- participating in schemes that attempt to influence search engine or rankings results.
You also agree not to take any action that would, by our sole determination, put a disproportionate or unreasonable load on our server, interfere with the proper working of the website, or bypass this agreement or any tools or measures we use or may use at any future time to protect or prevent access to the site.
7. TERMINATION OF SERVICE
The provisions of this agreement will not change as a result of your termination, which includes the ownership of content, limited liability and agent agreements between you and the company.
You may report abuse by emailing firstname.lastname@example.org.
8. REPRESENTATION AND WARRANTIES
You represent and warrant that no content that you or anyone else using your identity submits will violate applicable laws or the rights of any third party, including but not limited to copyright, trademark, and all other intellectual property rights. You also represent and warrant that by contributing to the website you are over thirteen years old. You hereby agree to defend, indemnify, and hold harmless the company, the website, and all of its employees, affiliates, agents, representatives, officers, and partners against any and all claims of costs, liability, damages, losses, fees (including but not limited to attorneys’ fees and court costs) arising in connection to or out of claims of breach of this agreement by you or any other user of your account of these Terms of Service.
Moreover, by accessing the website you signify your understanding and agreement that the website is provided on an “as is” basis with no warranties of any kind, and you furthermore agree to release the company and Massive of any liability for any complications, damages, costs incurred or fees incurred as a result of your use of the website. You hereby acknowledge that the use of this website is solely at your own individual risk.
Massive respects the intellectual property rights of others, but does not independently confirm that all content on the website is provided by a valid rights holder to set content. We may, upon becoming aware that content on the website has not been provided by a valid rights holder or otherwise infringes on any intellectual property rights, at our discretion terminate the publication of said content.
Pursuant to the Digital Millenium Copyright Act (“DCMA”), written notification of claimed copyright infringement must be submitted to our Designated Agent:
Massive Science Inc.
221 E. 18th St.
Brooklyn, NY 11226
To be effective, the notification must include the following:
- A signature, physical or electronic, of the copyright holder or a person authorized to act on his/her behalf;
- identification of the copyrighted work claimed to be infringed or a list identifying multiple works, in the case of multiple infringements;
- identification of the content claimed to be infringing along with identification of the subject claimed to be infringed upon;
- correct contact information of the claimed subject of infringement;
- a statement that the complaining party has a good faith belief that their work has been used unfairly in violation of their rights;
- a statement that all information sent to Massive is accurate, and that the complaining party, under penalty of perjury, is acting on behalf of the copyright holder who’s work has been allegedly infringed.
10. LIMITATION OF LIABILITY
Under no circumstances shall any Massive Science Inc. employee, affiliate, official, licensee, partner, parent, director, successor, subsidiary, or their related companies be liable for any damages, indirect, special, incidental, consequential or exemplary in nature, (even if the company and the website has been advised of the possibility of said damages), arising out of, relating to or in any other way connected to the use of the website. YOUR SOLE METHOD OF DEALING WITH DISSATISFACTION WITH THE WEBSITE IS TO TERMINATE YOUR USE OF IT. The same limitation of liability shall apply to any links, products, or services associated with the website, including but not limited to third-party products and services. The same limitation of liability shall apply to any content, links, products, services, or submissions by any third party made available on the website.
In no event shall the cumulative liability directed towards a Massive Science Inc. employee, affiliate, official, licensee, partner, parent, director, successor, subsidiary, or their related companies exceed the total greater payment of one hundred dollars ($100) during any 12-month period.
No waiver of any breach of any part of this agreement by any person shall be deemed to be a waiver of any proceeding breach.
The section headings in this agreement are for convenience only, and cannot be used for any legal use.