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TERMS OF USE
Welcome to The Open Source Science Project, a Michigan-based organization (together with its officers, directors, agents, employees, partners and their respective affiliates, collectively, "The OSSP"). This Terms of Use ("Agreement") is a contract between you ("you") and The OSSP and governs all transactions between you and The OSSP, as well as your use of the theopensourcescienceproject.com website, and all The OSSP services including, but not limited to, the use of its sub-project websites: thehumanbrainproject.com, thehumanworldproject.com, and thenaturalworldproject.com (collectively the "Website"). By using the Website, you agree to be bound by this Agreement, whether or not you register or otherwise use the Website (in each such capacity, a "User"). If you wish to become a User of the Website, you must read all of the terms and conditions in, and linked to, this Agreement (including the Privacy Policy). If you do not agree with all of these terms and conditions, please do not participate in the Program or use the Website.
This Agreement supersedes any previous Agreement to which you and The OSSP may have been bound. This Agreement may be modified by The OSSP in its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by The OSSP on the Website. Your use of the Website will be subject to any such modifications. You should review the Website and this Agreement from time to time for any modifications.
This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
You may receive a written copy of this Agreement by e-mailing us at: terms@theopensourcescienceproject.com, Subject: The OSSP Terms of Use Agreement.
The OSSP is an Equal Opportunity Institution as stated in the Nondiscrimination Policy.
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GENERAL TERMS
The OSSP (including The OSSP and The Open Source Science Project logos), and all related logos including, but not limited to, The HBP and The Human Brain Project logos, The HWP and The Human World Project logos, and The NWP and The Natural World Project logos (collectively "The OSSP Trademarks") are trademarks or service marks of The OSSP. Other company, product, and service names and logos used and displayed on the Website may be trademarks or service marks owned by The OSSP or others. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use The OSSP Trademarks without the receipt of expressed written permission from The OSSP prior to each instance. The OSSP prohibits the use of any of its trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by The OSSP in advance. Any questions concerning any such trademarks, or whether any mark or logo is a trademark of The OSSP, should be referred directly to The OSSP.
You acknowledge that The OSSP owns all right, title and interest in and to the Website, including all intellectual property rights (the "The OSSP Rights"). The OSSP Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Website. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Website. As described immediately below, The OSSP Rights do not include third-party content (including content generated by users - "User-Content") used as part of the Website, including the content of communications appearing on the Service.
The OSSP claims no ownership or control over any Content submitted, posted or displayed by you on or through the Website. You or a third-party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Website and you are responsible for protecting those rights as appropriate. By submitting, posting or displaying Content on or through the Website which are intended to be available to the members of the public, you grant The OSSP a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on the Website. The OSSP furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
You may choose to submit, post, and display any materials on or through the Website under a public license (e.g. a Creative Commons license), whether by manually marking your materials as such or using The OSSP service tools to do so. For avoidance of doubt, The OSSP is not a party to any such public license between you and any third party. Also, for avoidance of doubt, The OSSP may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this Agreement.
You acknowledge, consent and agree that The OSSP may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted content in order to (a) comply with any applicable law, regulation, legal process, or governmental request, (b) respond to claims that any content violates the rights of third parties, including intellectual property rights, (c) enforce this agreement and investigate potential violations thereof, (d) detect, prevent, or otherwise address fraud, security, or technical issues, (e) respond to your requests for customer service, or (f) protect the rights, property, or personal safety of The OSSP, its Users, or the public.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Administrative department with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
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A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
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Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site
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Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material
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Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address
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A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
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A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Send all notifications of claimed infringements to:
The Open Source Science Project
Attn: Copyright Administrator
P.O. Box 251626
West Bloomfield, MI 48325
United States of America
Only DMCA requests should be submitted to this address, and you acknowledge that if you fail to comply with all of the requirements within this section, your DMCA notice may not be valid.
Conversely, if you believe that User-Content was removed from the Website without proper reason, please send a written appeal to the address posted above containing (1) the full text of the User-Content in question, (2) the source(s) from where it was derived (if such a source exists), and (3) a written statement declaring that you are authorized to publish this information via the Website
You agree that you are responsible for your own use of the Website, for any User-Content which you publish therein, and for any consequences thereof. You agree that you will use the Website in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
You agree to abide by the Content Policy and the rules and restrictions therein. Although we may attempt to notify you when major changes are made to the Content Policy, you should periodically review the most up-to-date version. The OSSP may, in its sole discretion, modify or revise the Content Policy at any time, and you agree to be bound by such modifications or revisions.
Violation of any of the foregoing, including the Content Policy, may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. The OSSP reserves the right, but shall have no obligation, to investigate your use of the Website in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
Much of the content available through the Website is provided by and is the responsibility of the person or persons who made such postings. The OSSP does not monitor this User-Content, and takes no responsibility for such User-Content. Instead, The OSSP merely provides such User-Content as a service to you.
The User-Content available through the Website may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using the Website. Although The OSSP assumes no obligation to monitor the conduct of any User of the Website, it is a violation of this agreement to use any information obtained from the Website in order to harass, abuse, or harm another person, or in other to contact, advertise to, solicit, or sell to any User without their prior expressed, and explicit, consent.
The OSSP does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any User-Content or endorse any opinions expressed therein. You acknowledge that any reliance on User-Content will be at your own risk.
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You agree not to distribute, in any medium, any portion of the Website - including, but not limited to, User-Content (e.g. Research Log Entries, Comments), without prior written authorization from The OSSP.
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You agree not to alter or modify any part of the Website and its related technologies.
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You agree not to access Content through any technology other than the pages provided in the Website.
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You agree not to use the Website, including all Content, for any commercial use without prior written authorization from The OSSP. Prohibited uses include (a) the use of the Website or its Content for the primary purpose of gaining advertising or subscription revenue, (b) the sale of advertising on the Website, or any third-party web site, targeted to the content of specific Content presented through the Website, (c) the sale of access to the Website and its Content via another web site, and (d) any use of the Website and its Content that The OSSP finds in its sole discretion, to use The OSSP's resources or Content with the effect of competing with, or displacing the market, for The OSSP and its Content, taken without expressed approval from The OSSP.
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If you include Content, or other material derived from the Website, you must include a prominent link to the Website on any and all pages containing such Content.
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You agree not to use or launch any automated system, including without limitations, "robots", "spiders", or "offline readers", that access the Website in a manner that submits more Content to The OSSP servers within a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, The OSSP grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The OSSP reserves the right to revoke these exceptions either generally or in specific cases.
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You agree not to harvest or collect any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their submitted Content.
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The OSSP reserves the right to discontinue any aspect of the Website at any time.
The OSSP is not responsible, and shall have no liability, for any incorrect or inaccurate content posted on the Website or any liability, cost or expense you may incur in connection with your use of the Website, whether caused by a User or by any of the equipment or programming associated with or utilized in the Website. The OSSP is not responsible for the conduct, whether online or offline, of any User. The OSSP assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications. Under no circumstances will The OSSP be responsible for any loss or damage, including personal injury or death, resulting from any use of the Website, any Content posted on the Website or transmitted to, or any interactions between, and Users, whether online or offline. The OSSP neither represents, warrants, guarantees, nor promises any specific results from use of the Website or platform.
ALL PRODUCTS, SERVICES, AND CONTENT PRESENTED ON THE WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE WEBSITE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
The OSSP makes no representation or warranty, express or implied, with respect to any Third-Party Content
You understand that any and all decisions made by you with respect to the Website are yours alone. The OSSP cannot and does not verify the accuracy of information from third-party links or Users. The OSSP shall not be responsible or have any duty or obligation to, or liability for (a) decisions or interactions resulting (directly or indirectly) from participation in the Website, or (b) any damages, costs, losses or expenses incurred as a result (directly or indirectly) of utilizing the Website or its Content. In addition, in no event will The OSSP be liable to you or any third person for any damages, costs, losses, or expenses, including any lost capital, lost profits or special, incidental, consequential or punitive damages arising from your use of the Website, even if The OSSP has been advised of the possibility of such damages, costs, losses or expenses.
Due to the nature of scientific research and the imperfect methods by which it is acquired, by default, the practical application of any information contained within the Website is considered "risky".
You are solely responsible for your interaction with any other User (even to the extent prohibited hereby) and any disputes that may result from such interactions. The OSSP reserves the right, but has no obligation, to monitor disputes between you and such persons.
GOVERNING LAW; RESOLUTION OF DISPUTES; ARBITRATION AND WAIVERS
If there is any dispute about or involving The OSSP, the Website, and/or its Content, by using the Website, you agree that the dispute will be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts located in Oakland County, Michigan.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION, YOU AND THE OSSP HEREBY WAIVE YOUR RIGHT TO A JURY OR COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR ANY CONTEMPLATED USE HEREIN, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS, EXCEPT AS SPECIFICALLY PROVIDED ABOVE.
You waive, to the maximum extent not prohibited by law, any right you may have to claim or recover, in any legal action or proceeding, any special, exemplary, punitive or consequential damages.
You agree to indemnify and hold The OSSP harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the Website or arising from a breach of this Agreement.
This Agreement will remain in full force and effect while you use the Website as a User, and notwithstanding anything herein to the contrary, this Agreement will remain in effect after your status as a User is terminated. Whether or not you are and remain eligible to use the Website may be determined by The OSSP in its sole and absolute discretion. You may terminate your participation and status as a User at any time and for any reason by sending a written notice of termination to The OSSP, such notice to be effective within 3 days of receipt by The OSSP. The OSSP may also terminate your status as a User at any time and for any reason, effective upon transmission of notice to you at the email address you provide to The OSSP. If your status as a User is terminated by The OSSP, you agree not to use the Website any further.
ENTIRE AGREEMENT: SEVERABILITY
This Agreement, accepted upon use of the Website and further affirmed by becoming a User, contains the entire agreement between you and The OSSP regarding the use of the Website. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us at faq@theopensourcescienceproject.com with any questions regarding this agreement.
This Agreement is not to be modified. If there is any inconsistency between this Agreement and any translation into other languages, the English language Agreement takes precedence.
ADDITIONAL TERMS: RESEARCH MICROFINANCE PLATFORM
The OSSP manages the research microfinance platform (the "Platform"), which matches Users seeking to invest in proposed research projects (each, an "Investor" and, collectively, "Investors") with Users proposing, and seeking to conduct, research projects in various countries and institutions (each a "Researcher" and, collectively, "Researchers") in need of capital. In most instances, these Researchers are considered "high risk" by traditional lenders for a variety of factors, including, but not limited to, the Researchers' lack of credit history, financial instability, use of the investment proceeds for scientific research endeavors and the risks inherent in all scientific inquiry, and geographic location.
Funds forwarded to research project proposals classified as "Basic Research" and "Non-Commercial Applied Research" shall be considered grants (each, a "Grant") with no offered rate of return. All Grants forwarded via the Platform are philanthropic in nature with no offered rate of return and, as such, are not intended as, and cannot be considered as, an investment in a financial instrument or security. The OSSP makes no representation, warranty, covenant or guarantee that any funds forwarded to a Researcher via the Platform will be repaid in whole or in part.
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Grants funds forwarded by Investors to Researchers via the Platform will be held in an electronic account administered by The OSSP until the aggregate of the Grant funds forwarded to a research project proposal reach the total budget requested by the Researcher. If the aggregate of the Grant funds extended to a research project proposal reach the total budget requested by the Researcher, the total amount will be transferred to an electronic account administered by the Researcher. If the aggregate of the Grant funds forwarded to a research project proposal does not reach the total budget requested by the Researcher, the Grant funds forwarded will all be refunded to the electronic accounts maintained by each Investor.
Funds forwarded to research project proposals classified as "Applied Research" shall be considered Loans (each, a "Loan") with no offered rate of return. All Loans forwarded via the Platform are philanthropic in nature with no offered rate of return and, as such, are not intended as, and cannot be considered as, an investment in a financial instrument or security. The OSSP makes no representation, warranty, covenant or guarantee that any funds forwarded to a Researcher via the Platform will be repaid in whole or in part.
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Loan funds forwarded by Investors to Researchers via the Platform will be held in an electronic account administered by The OSSP until the aggregate of the Loan funds forwarded to a research project proposal reach the total budget requested by the Researcher. If the aggregate of the Loan funds extended to a research project proposal reach the total budget requested by the Researcher, the total amount will be transferred to an electronic account administered by the Researcher. If the aggregate of the Loan funds forwarded to a research project proposal does not reach the total budget requested by the Researcher, the Loan funds forwarded will all be refunded to the electronic accounts maintained by each Investor.
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To re-distribute a text page in any form, provide credit to the authors either by including (a) a hyperlink or URL to the page or pages you are re-using, (b) a hyperlink or URL to an alternative, stable online copy which is freely accessible, which conforms with the license, and which provides credit to the authors in a manner equivalent to the credit given on the Website, or (c) a list of all authors. This applies to User-generated text. Text from external sources may attach additional attribution requirements to the re-use of text.
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You understand that The OSSP is a social business, and as such, is not a formally-recognized non-profit public benefit corporation. The OSSP has not received exemption with the US Internal Revenue Service as an organization that qualifies as a public charity under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended from time to time. You acknowledge, further, that because you are making a loan and not donating any money, you are not eligible to receive a tax deduction as might be available in connection with a charitable contribution to a tax-exempt public charity. You also understand that you are solely responsible for determining the proper tax treatment for any Loan you make through the Platform. The OSSP has not and will not provide any tax or legal advice to you in connection with any Loan you might make. This Agreement does not attempt to define the tax implications of utilizing the Platform. If you utilize this Platform, you should consult with your own accountants, tax and legal advisors.
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Records of each Loan you make (including this Agreement and any repayment history) will be kept by The OSSP and, upon your written request, will be made available to you at any time throughout the term of the Loan. This information can also be accessed via your online account created upon registering at the Website.
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You understand and hereby consent (without any prior notice thereof) to any restructuring of the repayment plan for your Loan and/or, in The OSSP's sole discretion, any extension of the length of the term of your Loan in order to increase the chances that your Loan is repaid. The OSSP will generally deem a Loan to be in default if The OSSP determines that collection of funds from a Researcher for such Loan is doubtful, the Researcher completes and submits a written document declaring their inability to repay the Loan, or a repayment on the Loan is six (6) months past the originally scheduled repayment date (for any expected repayment, including interim repayments), although case by case differences may exist based on pending prospects for repayment of the Loan.
In this case, each applicable Lender will have the option to recover whatever principal has been repaid up to that point.
If for any reason less than 100% of your Loan is repaid, you agree that The OSSP shall have no liability therefor, and you hereby release and forever hold harmless The OSSP for any loss you may incur. You should consult with your accountant and/or tax advisors to determine the appropriate tax treatment of such a loss.
In the event that you make an Investment and your payment does not clear (e.g., an eCheck does not validly deliver to The OSSP the full amount of the intended Investment, or your payment provider reverses a payment originally intended for The OSSP), you agree that The OSSP may, in its sole discretion withdraw and cancel your insufficiently-funded Investment from your account as not paid in full.
ADDITIONAL TERMS: RESEARCH-BASED CURRICULA
You can re-use content from The OSSP Lectures freely, with the exception of content that is used under "fair use" exemptions, or similar exemptions of copyright law. Please follow the guidelines below:
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To re-distribute a text page in any form, provide credit to the authors either by including (a) a hyperlink or URL to the page or pages you are re-using, (b) a hyperlink or URL to an alternative, stable online copy which is freely accessible, which conforms with the license, and which provides credit to the authors in a manner equivalent to the credit given on the Website, or (c) a list of all authors. This applies to User-generated text. Text from external sources may attach additional attribution requirements to the re-use of text.
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If you make modifications or additions to the text you re-use, you must license them under the Creative Commons Attribution/Non-Commercial/Share-Alike License 3.0 or later.
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If you make modifications or additions to the text you re-use, you must indicate in a reasonable fashion that the original work has been modified.
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Each copy or modified version that you distribute must include a licensing notice stating that the work is released under CC BY-NC-SA 3.0 and either (a) a hyperlink or URL to the text of the license, or (c) a copy of the license. For this purpose, a suitable URL is: http://creativecommons.org/licenses/by-nc-sa/3.0/
For further information, please refer to the legal code of the CC BY-NC-SA 3.0 License: http://creativecommons.org/licenses/by-nc-sa/3.0/legalcode
ADDITIONAL AVAILABILITY UNDER THE GNU FREE DOCUMENTATION LICENSE
For compatibility reasons, any page which does not incorporate text that is exclusively available under CC-BY-SA or a CC-BY-SA-compatible license is also available under the terms of the GNU Free Documentation License. In order to determine whether a page is available under the GFDL, review the page footer for attribution of single-licensed content that is not GFDL-compatible.
Where not otherwise noted, non-text media files are available under various free culture licenses as recognized by the Definition of Free Cultural Works.
Except where otherwise noted, all content on this site is licensed under a Creative Commons Attribution/Non-Commercial/ShareAlike 3.0 license
© 2008-2013 The Open Source Science Project, Inc. Some Rights Reserved
TERMS OF USE | PRIVACY POLICY | CONTENT POLICY | NON-DISCLOSURE POLICY
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