Terms of Use

April 11, 2020 - By 

Key Principles of Our Terms of Use:

  1. We at Science Nest Inc. respect the intellectual property of others and take the protection of intellectual property very seriously. Infringing upon others’ intellectual property will not be tolerated on this site, and we reserve the right to take any action that we think is necessary, in our absolute discretion, to address intellectual property infringement.
  2. We have a process for reporting intellectual property fraud, theft, misrepresentation, or other unauthorized use. You can follow the procedure in this Terms of Use, or just email us at info@sciencenest.com to seek direct assistance.
  3. We are under no obligation to monitor or moderate submitted content on the website, but we will not tolerate abusive, bigoted, defamatory, harassing, harmful, infringing, obscene, offensive, pornographic, racist, threatening, unlawful, vulgar or otherwise inappropriate content on the site. Any party that submits content of this kind will be subject to removal and any other action we think is necessary, in our absolute discretion.
  4. By using our Site you indemnify and hold us harmless against any and all damages, liabilities, legal claims, and financial penalties.

NOTICE OF TERMS OF USE:

Please read carefully the following terms of use for the website hosted at the domain names of https://sciencenest.com and https://sciencenest.net, which is owned and operated by Science Nest Inc. Your access to and use of this website is subject to these terms and forms a binding legal agreement. If you do not agree with one or more of these terms, we ask that you immediately cease to access or use the site. You are deemed to have accepted these terms of use if you access or use this website or the Services.

Website Legal Terms of Use

  1. Introduction

    1. These terms of use explain how you may use the Science Nest website, which is hosted at the domain names of https://sciencenest.com and http://sciencenest.net, and includes all sub pages (hereafter referred to as the “Site“). You should read these terms and conditions carefully before using the Site.
    2. By accessing or using this Site or otherwise indicating your consent you agree to be bound by these terms and conditions and the documents referred to in them. If you do not agree with or accept any of these terms, you should cease using the Site immediately. If you have any questions about this website, please contact us.
    3. These terms of use shall remain in effect until you or we provide notice of intent to terminate this binding agreement.
    4. You may provide notice of your intent to terminate this agreement no longer be bound by these terms of use by sending written notice to info@sciencenest.com at which point we reserve the right at our absolute discretion to terminate your Account and take steps to prevent you from further accessing the Site.
    5. If you choose to access this Site after providing notice of your intent to terminate these terms of use it will be deemed to be a new acceptance of these terms of use.

  2. Definitions

    1. “Account” means any user or author account created to access features of the Site, including user login credentials, account history, and all portions of the Site reasonably related.
    2. “Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site, with the exception of any Research Code.
    3. “Research Code” means any code, applications, data, or descriptions uploaded by any registered Account to the Site for publication, sharing, sale, or other use through the platform.
    4. “We,” “us,” or “our” means Science Nest Inc., a company incorporated under the laws of LOCATION.
    5. “You,” or “your” means the person accessing or using the Site or its Content.

  3. Privacy

    1. Use of this Site is governed by our Privacy Policy which shall be subject to these terms in the event of any conflict or inconsistency. Our Privacy Policy can be here.
    2. By accessing our Site you accept and agree to the terms of our Privacy Policy.
    3. These terms may also be supplemented or replaced by additional terms (hereafter referred to as “Additional Terms“) relating to specific Content, goods or services made available or supplied by us using the Site. Additional Terms will be made available on relevant pages of the Site and will be accessible by you for review or acceptance before you place an order or request a service. Additional Terms shall prevail to the extent that there is any conflict or inconsistency with any other of these terms.
    4. This Site is intended for and directed to residents of Canada who are at least 18 years of age. Visitors and users from outside of Canada are invited to use the Site on the condition that they are permitted to do so under the laws and regulations of their jurisdiction. Visitors and users under the age of 18 are only permitted to use the Site with the permission of their parent or legal guardian.

  4. Accessibility
    We seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us at info@sciencenest.com.
  5. Restrictions on Use

    1. The Site is for your personal use only. As a condition of your use of the Site, you accept and agree:
      1. The Site is provided “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Site including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement;
      2. You will not use the Site for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions;
      3. You will not upload any illegal content as Research Code;
      4. You will not upload any content which you do not own or hold the right to license, sell, redistribute, share, transfer, or assign, to the Site as Research Code.
      5. You will not defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
      6. You will not reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these terms or as expressly provided under applicable law and/or under any Additional Terms;
      7. You will not use the Site to distribute viruses or malware or other similar harmful software code;
      8. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or any activity conducted on the Site;
      9. You will not delete or alter any material Science Nest makes available on the Site except as permitted by the functionality on the Site;
      10. You will not access, tamper with, or use non-public areas of the Site, Science Nest’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Science Nest’s providers;
      11. You will not restrict, discourage, or inhibit any person from using the Site;
      12. You will not gain unauthorized access to the Site or personally identifiable information, or to other computers or websites connected or linked to the Site;
      13. You will not use the Site, or download any content from the Site (including, without limitation, any software content or results), in order to create a competitive service, and any such use of the Site or the content thereon is expressly prohibited;
      14. You will not represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
      15. You will not assist or permit any person in engaging in any of the activities described above; and
      16. You are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other Account details confidential.
    2. We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.

  6. Science Nest Code Database

    1. The Site provides a platform for authors/vendors to upload Research Code related to academic research and studies so that it may be shared for free or sold at a specified fee to registered users of the Site.
    2. By registering an Account on the Site you accept and agree as follows:
      1. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your log-in credentials. You agree to notify us immediately at info@sciencenest.com if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account.  We will not be liable for any loss or damage arising from unauthorized use of your log-in credentials prior to you notifying us of such unauthorized use or loss of your log-in credentials.  Separate log-in credentials may be required to access third-party sites;
      2. You have provided true, accurate, current, and complete information related to the Account, and will update the information about yourself promptly, and as necessary, to keep it current and accurate;
      3. We reserve the right in our absolute discretion to disallow, cancel, remove, or reassign any and all Accounts, or portions of said Accounts, immediately without notice to you and without any liability to you or any third party;
      4. You authorize us to process any transactions you make on your Account, including charging your selected payment method for purchase of chosen goods, products, or services on the Site;
      5. You accept responsibility for transactions made on your Account and will pay any charges or fees incurred to us promptly;
      6. You accept that the Site currently uses third-party payment processors for electronic commerce, and that in order to  use these payment processors for transactions on the Site you will be required to agree to their terms and conditions of use;
      7. You acknowledge and agree that Science Nest Inc. and the Site has no control over the third-party payment processors and you waive any and all liability with regard to any fees, disputes, technical issues, problems, losses, or damages you may experience with such third-party processors as a result of using the Site;
      8. You represent that you are the legal owner, or properly authorized party, for any payment method and information you provide through your Account;
      9. You permit us to contact you directly with the information you provide through your Account in order to resolve support issues, notify you of any changes to the Site, and for any other reason that we may have in our absolute discretion;
      10. You are at least 18 years of age, or if you under the age of 18 but over the age of 13 you have the consent of your parent or legal guardian who is at least 18 years of age;
      11. If you are using the Site on behalf of any entity, organization, or corporation, then you represent and warrant that you have the authority to bind that organization to these terms of use and you agree to be bound by this terms of use on behalf of that organization;
      12. IF YOU ARE UNDER 13 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER WITHOUT THE CLEAR PERMISSION OF YOUR PARENT OR LEGAL GUARDIAN;
      13. You have not previously been banned or removed from accessing this Site; and
      14. You may cancel your Account at any time by contacting us directly at info@sciencenest.com.
    3. By using the Site and submitting any Research Code to be uploaded and available you accept and agree as follows:
      1. You permit us to upload and display the Research Code on the Site;
      2. You grant a non-exclusive, perpetual, irrevocable, transferable, royalty-free license to us to store, host, reproduce, execute, publicly display, share, license, and sell as directed, the Research Code and related information on the Site;
      3. You grant to any party that downloads the Research Code through the Site, whether for free or for a set price, a non-exclusive, perpetual, revocable, nontransferable, nonsublicensable, royalty-free and worldwide license to view, use, reproduce, modify, and create derivative works of the Research Code, except for the transfer or resale of the Research Code to third parties;
      4. You agree that if you wish to set any other specific terms of use or restrictions for the Research Code you must send an email to info@sciencenest.com to arrange for the restrictions, and that we may accept or reject this request in our absolute discretion;
      5. Any Research Code submitted for upload to the Site is subject to our approval process and we reserve the right to reject any submissions at our absolute discretion;
      6. You accept and agree that you are solely responsible for the content of the Research Code and any claims relating to that Research Code, and that any user, Account, or person that downloads the Research Code through the Site is entering into an agreement to use the Research Code with you;
      7. You accept and agree that we have no responsibility or obligation to maintain the Research Code in any way, and that any claim by a user, Account, or person using the Site with regards to the Research Code is between you and that party exclusively;
      8. Any Research Code uploaded on the Site may be removed at any time at our absolute discretion;
      9. Any Research Code that is listed for sale will be subject to a fee on each sale which shall be paid to Science Nest Inc., and such fee may be amended from time to time at our absolute discretion and will be posted at the following web page: https://www.sciencenest.com/how-much-does-it-cost-to-sell-on-science-nest/
      10. You indemnify us against any and all damages, liabilities, legal claims, or other financial penalties that may be incurred or arise out of your submission of the Research Code to our Site;
      11. You waive any and all claim to the percentage or other fees that we collect in connection with the sale of the Research Code, and accept that you have no claim to revenues, profits, goodwill, or other value that is created in the Site or Science Nest Inc.;
      12. You accept that we shall be entitled to disclose your name with any such Research Code that we may choose to publish. You agree that you waive all moral rights you may have in any such Content but that any personal data you supply with your Research Code may be used by us as described in our Privacy Policy;
      13. You represent and warrant that any Research Code you supply to us is and shall be your own original work and has been lawfully provided to us and that you have all the necessary consents, licenses, rights, and ownership to provide this to us; and
      14. You indemnify us against any and all damages, liabilities, legal claims, and other financial penalties that may arise from an infringement claim against any Research Code you upload to the Site;
      15. By uploading any Research Code or other information that is malicious, not your property, or that you are otherwise prohibited from sharing, disclosing, or selling, you subsequently waive any and all rights to the proceeds of sales related to that Research Code and fully and absolutely indemnify Science Nest Inc. from all related damages and legal action.
    4. By using the Site to download any Research Code, whether for free or a set price, you accept and agree as follows:
      1. You are being granted a non-exclusive, perpetual, revocable, nontransferable, nonsublicensable, royalty-free and worldwide license to view, use, reproduce, modify, and create derivative works of the Research Code, except for the transfer or resale of the Research Code to any third parties;
      2. For greater clarity, you acknowledge and agree that you are not permitted or granted a license in any way to resell, republish, redistribute, and/or repackage the Research Code in any capacity, including on any other platform or website, except with the prior consent of the Research Code author provided in writing;
      3. The original author and owner of the Research Code reserves the right to withdraw the license being granted to you at any time in their absolute discretion;
      4. You agree to comply with the terms of use for individual Research Code as set out by the author or vendor of the Research Code on the Site;
      5. You accept and agree that upon downloading any Research Code you are receiving access to and the rights to use that Research Code from its author, not from Science Nest Inc., and as such the author is solely responsible for the Research Code it provides, the content therein, and any claims that you or any other party may have relating to that Research Code or your use of that Research Code;
      6. You accept that the author of any Research Code is solely responsible for the content of the Research Code, and that we have no responsibility or obligation to maintain the Research Code in any way;
      7. You indemnify us for any and all damages, liabilities, legal claims, or other financial penalties that may be incurred or arise out of your download or use of the Research Code;
      8. You indemnify us for any and all damages, liabilities, legal claims, or other financial penalties that may arise if the Research Code has been submitted unlawfully or by a user without the proper permissions to do so;
      9. You agree to properly cite the Research Code and any related research paper or academic publications associated with the downloaded Research Code, together with a link to the Research Code on our website, in any publication that is generated based on the downloaded Research Code;
      10. You covenant that you will not use the Research Code for any unlawful, malicious, abusive, or otherwise damaging purposes;
      11. You accept and agree that any Research Code purchased or downloaded is “as-is” and that we and any authors/ vendors on the Site have no obligation to issue a refund for any Research Code or other purchases made through the site, and you have no right to a refund, though we reserve the right to issue refunds in our sole and absolute discretion;
      12. You acknowledge that requests for refunds may be sent to info@sciencenest.com and should be made within one week of the Research Code purchase, and will be subject to our approval granted at our absolute discretion; and
      13. We reserve the right to remove the Research Code from the Site and make further download or access to the Research Code impossible at any time and in our absolute discretion, without any notice or refund to you.
    5. The Site is not a secure means of communication and any information you supply to us is not guaranteed be kept confidential. For that reason, you should not submit or send to us any privileged materials, patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (hereafter referred to as “Unwanted Submissions“).
    6. Where our Site enables you to communicate with us and/or other users of the Site, you may not use the Site to transmit harmful or offensive (g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute. Although we reserve the right to monitor, edit, review, or remove discussions, chats, postings, transmissions, bulletin boards, and similar communications on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Site nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information. Our right to use submissions or other material provided by you is non-exclusive, freely transferable and worldwide so you shall be entitled to use your own material yourself subject to applicable law.

  7. Ownership, Use, and Intellectual Property Rights

    1. This Site and all intellectual property rights in the Site including without limitation any Content are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights which include without limitation all copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind, whether registered or unregistered anywhere in the world.
    2. Nothing in these terms and conditions grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust, to try to circumvent, or delete any intellectual property notices contained on the Site and any digital rights or other security technology embedded or contained within any Site Content.
    3. Any Research Code uploaded to the Site through the submission process shall remain the intellectual property of its author(s) and we shall not receive any right or other claim to that intellectual property, except for permission and license to use as set out under section 6.

  8. Procedure for Reporting or Claiming Intellectual Property Infringement

    1. In order to report any form of intellectual property infringement please contact us at info@sciencenest.com and provide the following information in order to facilitate the infringement claim:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
      2. Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
      3. Identification of the specific 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 us to locate the material;
      4. Information for how we may contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
      5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      6. 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.
    2. Upon receiving a report of intellectual property infringement we will:
      1. disable access to material that we believe to be infringing the intellectual property of a third party by being made available on the Site;
      2. disable access to all Research Code posted by the author who submitted the allegedly infringing intellectual property to us;
      3. investigate further in order to determine the nature and truth of the intellectual property infringement;
      4. notify the author that submitted the allegedly infringing Research Code to the Site and conduct an investigation of the facts in order to determine the veracity of the intellectual property infringement; and
      5. Enable or permanently remove the allegedly infringing Research Code based on our determination and absolute discretion.

  9. Accuracy of Information and Availability of the Site

    1. While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our absolute discretion. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.
    2. While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant, or guarantee in any way the Site’s continued availability at all times or uninterrupted use.

  10. Hyperlinks and Third Party Sites

    1. The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material, or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

  11. Warranties and Limitation of Liability

    1. You agree that your use of the Site is on an “as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions, or other terms whether express or implied in relation to the provision of the Site , or any Content on the Site, including without limitation as to completeness, accuracy, currency, quality, or fitness for a particular purpose.
    2. To the maximum extent permitted by applicable law we exclude all liability, whether arising in contract, tort, breach of statutory duty or otherwise, which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Site for any reason, and any representation or statement made on the Site.
    3. We will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Site, for example if you lose revenue, salary, profits or reputation as a result of your use of the Site and/or the acts or omissions of any third party such as other users of the Site or any other indirect or consequential loss or damage you may incur in relation to the Site and its Content.
    4. You agree to indemnify us against any and all damages, liabilities, legal claims, and other financial penalties that may arise in relation to Research Code that is available on the Site, including all claims of intellectual property infringement, fraud, theft, improper use, misappropriation, and loss of profit.
    5. Under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Site, including the downloading or use of any Content or Research Code, exceed the amounts you have paid to us in relation to your use of the Site or its Content.
    6. Notwithstanding any other provision of these terms and conditions we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site, or for any other statutory rights which are not capable of being excluded.
    7. Any exclusions and limitations of liability in these terms shall be subject to the Additional Terms in respect of matters covered by those Additional Terms and as otherwise required by law.
    8. The Site is controlled and operated by Science Nest Inc. from its offices in Ontario, Canada. Science Nest Inc. makes no representation that materials on the Site are appropriate, lawful or available for use in any locations other than Canada. Those who choose to access or use the Site from locations outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

  12. Arbitration

    1. In the event of any dispute, claim, question or difference arising out of or relating to these terms of use or the breach thereof, you agree to work with us and make a best effort to settle such disputes, claims, questions, or differences. To this effect, we shall consult and negotiate with each other, in good faith and understanding of our mutual interest, to reach a just and equitable solution satisfactory for both us. If we do not reach such solution within a period of 30 days, then upon notice by either of us to the other the disputes, claims, questions or differences shall be finally settled by arbitration in accordance with the provisions of the Arbitrations Act (Ontario) and any amendments thereto.
    2. For greater clarity, by accepting these Terms of Use you agree to submit and resolve any disputes through arbitration before commencing any legal action by way of a statement of claim, or by participation in a class action.
    3. The arbitration tribunal shall consist of one arbitrator appointed by our mutual agreement or, in the event of failure to agree within 30 days, either of us may apply to a judge of the Superior Court of Justice (Ontario) to appoint an arbitrator. The arbitrator shall be qualified by education and training to pass upon the particular matter to be decided.
    4. The arbitration will take place in the City of Waterloo unless otherwise mutually agreed upon.
    5. The arbitrator has the right to grant legal and equitable relief including injunctive relief and the right to grant permanent and interim injunctive relief. The Arbitrator shall not amend or otherwise alter the terms and conditions of these terms of use.  The Arbitrator shall render a decision within 60 days after his or her appointment as Arbitrator.
    6. The final award of the Arbitrator shall be a condition precedent to an action in any court, and such award shall be final and binding on the parties with no appeal to any court. Both you and we hereby agree to carry out any decision or order of the Arbitrator in good faith.

  13. General

    1. These terms are dated 1st of April 2018. No changes to these terms are valid or have any effect unless agreed by us in writing. You understand and accept that we reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
    2. Unless otherwise expressly stated in these terms and conditions, all notices from you to us must sent to info@sciencenest.com.
    3. We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including without limitation strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, or accident.
    4. If any part of these terms and conditions is unenforceable, including any provision in which we exclude or limit our liability to you, the enforceability of any other part of these terms and conditions will not be affected.
    5. If we choose to waive or otherwise not to enforce any right that we have against you at any time under these terms of use this does not prevent us from later deciding to exercise or enforce that right.
    6. These terms and conditions together with the Privacy Policy contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement, or other communication whether written or otherwise made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation we shall have no liability for any such representation being untrue or misleading.
    7. You may not assign, sub-license, or otherwise transfer any of your rights and obligations in these terms to any other person.
    8. These terms and conditions shall be exclusively construed in accordance with and governed by the laws of Canada and the province of Ontario.
    9. These terms of use be accorded a liberal interpretation consistent with its declared intent and purpose.
    10. You agree that any documents, notices, or other communications requiring a signature may be executed in counterparts and may be delivered by facsimile or other means of electronic communication, and all such counterparts, taken together, shall constitute one and the same agreement. Documents executed, scanned and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of these terms of use and all matters related thereto, with such scanned and electronic signatures having the same legal effect as original signatures.
    11. Any dispute arising out of these terms and conditions shall be submitted to the exclusive jurisdiction of the Courts of the province of Ontario.
    12. The parties acknowledge that they have required that these terms and conditions and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.

Posted In:  Help