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Legal Notices


Please read carefully before using this site Terms of Use ("Terms"). Your Mercury Institute ("Mercury") to access and use of the site indicates that you acknowledge and agree to the following terms of use. If you do not agree to these terms, please do not use the Mercury Web site or download any material.


Terms of Use


These provisions apply to Mercury Institute all sites, regardless of the site is managed by a third-party vendors, or funding by a third party website hosting website (hereinafter referred to as "Site"). These provisions also apply to the Mercury Institute Web site provides all the resources and tools, including, but not limited to, developer tools, download areas, the study area, community forums, chat rooms, blogs, sharing sites, and product information. These provisions apply to all current and future Mercury Institute Web site. Covered by these provisions are all the materials in the following referred to as "material."

Mercury Institute may provide specific terms of service activities or projects; for example, Mercury Institute will provide interactive materials and / or enable user-generated material. In such cases, if these terms and specific terms of service for the project does not conflict, the terms herein to maintain complete and effective .


Privacy Statement


Personal Information:The form to the Mercury Institute Web site information or materials submitted are subject to Mercury Institute's privacy provisions.

Member Account, Password and Security:From time to time Mercury Institute will host a specific project or activity for the site; and the site may require you to create a member account and / or site password. In this case, you will have to maintain the confidentiality of your password and account are entirely responsible for. In addition, your account under your full responsibility for all activities. You agree that your account be used without permission or security has been the case of any damage immediately notify Mercury Institute. Mercury Institute due to your password or account in your case, knowingly or unknowingly used by others may cause you no responsibility for any loss. However, you will be asked for by someone else using your account or password on Mercury Institute or liable for damages caused to third parties. You may not without the permission of the account holder at any time under any other account.


Use Terms


Personal Non-Commercial Use:This Web Site is for personal and non-commercial use. Unless otherwise specified or as provided in these Terms, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Materials

No Unlawful or Prohibited Use:You agree that you will not use the Web Sites or Material for any purpose that is unlawful or prohibited by these Terms of Use. You may not:

1.    upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

2.    use the Web Sites, Materials, Services or activities to "stalk" or otherwise harass or harm another;

3.    impersonate any person or entity, including, but not limited to, an Mercury Institute official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;

4.    forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Web Site or Materials;

5.    upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

6.    upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

7.    upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

8.    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;

9.    you may not use the Web Site or Materials in any manner that could damage, disable, overburden, or impair any Mercury Institute server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Web Site or Materials or interfere with any other party's use and enjoyment of the Web Sites or Materials;

10. you may not attempt to gain unauthorized access to any Web Site or Material, other accounts, computer systems or networks connected to any Mercury Institute server or Materials, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Sites or Materials.


Notices and Disclosures


Exclusions of Warranty:The Materials and Mercury Institute Web Sites are provided by Mercury Institute Corporation and/or its worldwide direct or indirect subsidiaries and affiliates ("Mercury Institute") as a service to its customers and are for informational purposes only. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

·       YOUR USE OF THE WEB SITES AND MATERIALS IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF MERCURY INSTITUTELECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

·       ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

·       IN NO EVENT SHALL MERCURY INSTITUTE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITES OR MATERIALS, EVEN IF MERCURY INSTITUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation of Liability:YOU EXPRESSLY UNDERSTAND AND AGREE THAT MERCURY INSTITUTE AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

·       IN NO EVENT SHALL MERCURY INSTITUTE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEB SITE.

·       ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT, OR ANY CHANGES MERCURY INSTITUTE MAY MAKE TO THE SERVICES, DOCUMENTS, WEB SITE, CONTENT OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEB SITE (OR ANY FEATURES WITHIN THE WEB SITES); OR IF APPLICABLE, YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

·       THESE LIMITATIONS ON MERCURY INSTITUTE'S LIABILITY SHALL APPLY WHETHER OR NOT MERCURY INSTITUTE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.

Indemnification: You agree to indemnify and hold Mercury Institute and its officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Web Sites or Materials, your use of the Web Sites or Materials, your connection to the Web Sites or Materials, your violation of these Terms of Use or site specific Terms of Use, or your violation of any rights of another.

Accuracy and Completeness:Mercury Institute does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Web Sites or Materials.

Changes and Updates:Mercury Institute reserves the right to modify or discontinue, temporarily or permanently, Web Sites or Materials (or any part thereof) with or without notice. Mercury Institute may make changes to Web Sites or Materials, or to the products described therein, at any time without notice. Mercury Institute makes no commitment to update the Web Sites or Materials.

Forward Looking Statements: Some of the information on this Web Site may contain projections or other forward-looking statements regarding future events or the future financial performance of Mercury Institute. Words such as "expects," "goals," "plans," "believes," "continues," "may," and variations of such words and similar expressions identify forward-looking statements.


Content Related Notices


Ownership:You acknowledge and agree that Mercury Institute owns all legal rights, title and interest in and to the Materials and Web Sites, including any Mercury Institute trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without Mercury Institute's prior written permission. Except as expressly provided herein, Mercury Institute does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

Third Party Content:Web Sites and Materials may contain user or third party submitted content; such content is not reviewed, approved or endorsed by Mercury Institute and is provided solely as a convenience to our customers and users. Under no circumstances will Mercury Institute be liable in any way for any third party submitted or provided content, including, but not limited to, any errors or omissions, or damages of any kind. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.By your use you agree that you must evaluate, and bear all risks associated with, the use of any third party content, including any reliance on the accuracy, completeness, or usefulness of such content. All postings and use of the Web Sites or Material are subject to these Terms of Use and any other program and site specific terms.


User Content Submissions


Definition:User content submissions may include but not limited to, may include user registration, participation, public sharing, posting, uploading, linking, downloading, and transferring, viewing, blogging, commenting, chat room, bulletin board and forum participation, or submitting or transmitting content, including, but not limited to graphics, art, software, code, data, text, video, audio, text, opinions, descriptions etc. (the "User Content") on any Mercury Institute Web Site. The content submitted by users is referred to here after as "User Content".

Non-Endorsement:Mercury Institute does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Mercury Institute expressly disclaims any and all liability in connection with User Content submissions. Mercury Institute does not permit copyright infringing activities and infringement of Mercury Institutelectual property rights on its Web Sites, and Mercury Institute will remove User Content if properly notified that such submission infringes on another's Mercury Institutelectual property rights in accordance with the DMCA provisions. Mercury Institute reserves the right to remove User Content at its sole discretion and without prior notice.

Ownership:Mercury Institute does not claim ownership of any User Content submitted, posted, transmitted, made available or displayed on, or through, the Web Sites or Materials, including, but not limited to, data, text, sound, images, videos, diagrams, software, code, audio, information, graphs, or descriptions on the Web Sites or Material. Unless otherwise agreed to in writing, there is no compensation for User Content. Mercury Institute is under no obligation to post or use any User Content submitted. Unless otherwise agreed in writing with an authorized Mercury Institute representative, any material, information or other communication you transmit or post to a Web Site will be considered non-confidential and non-proprietary.

License:Unless other specified on the Web Site or activity terms and conditions, by posting, displaying, uploading, inputting, providing or submitting such user content you grant Mercury Institute, necessary sub-licensees and Web Site users, a perpetual, irrevocable and fully sub-licensable license to use worldwide, royalty-free and non-exclusive license, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.

User Submitted Code:Any user submitted code or materials posted on an Mercury Institute web site is supplied under license from the submitter, and should be used or downloaded in accordance with any license terms specified. Mercury Institute is not responsible for user submitted code nor warrants that it will work correctly.

Warranties and Representations:By posting or submitting User Content you warrant and represent that you own or otherwise control all of the rights to your submission including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the User Content. To the extent that the User Content submitted contains images, photographs, pictures or graphical representations in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Materials, (b) you have the rights necessary to grant the licenses and sub-licenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use.

Moderation or Pre-Screening:You acknowledge that Mercury Institute may or may not moderate or pre-screen User Content. Mercury Institute and its designees retain the right, at Mercury Institute's sole discretion to pre-screen, refuse, or remove any User Content from its Web Site or Materials. Mercury Institute, however, will have no liability related to the content of any such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Without limiting the foregoing, Mercury Institute shall have the right to remove any User Content that violates these Terms of Use.

 

 

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