Updated on: July 21, 2010
We (the Oxford BioLabs Ltd. team) run the TRX2 sites and would love for you to use it. This site, blog, forum, and related services are designed to educate and entertain, and we encourage you to express yourself freely. However, be responsible in what you write, and please be respectful. Being critical is fine, but rudeness and personal attacks are not. In particular, make sure that none of the prohibited items listed below appear in your writing or what you link to (things like spam, viruses, or hate content).
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, 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 Website or use any services. If these terms and conditions are considered an offer by OxBioLabs, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (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 libelous or defamatory (more info on what that means), 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 Content 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 Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog or comment’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 OxBioLabs Content or otherwise.
Without limiting any of those representations or warranties, Oxford BioLabs has the right (though not the obligation) to, in Oxford BioLabs’ sole discretion (i) refuse or remove any content that, in OxBioLabsContent’s reasonable opinion, violates any OxBioLabs Content policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason.
2. Responsibility of Website Visitors. OxBioLabs Content has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, OxBioLabs Content 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 Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website 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. Oxford BioLabs disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
3. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which trx2.com links, and that link to trx2.com. Oxford BioLabs does not have any control over those non-trx2.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-trx2.com website or webpage, Oxford BioLabs does not represent or imply that it endorses such website 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. Oxford BioLabs disclaims any responsibility for any harm resulting from your use of non-trx2.com websites and webpages.
4. Copyright Infringement and DMCA Policy. As Oxford BioLabs 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 trx2.com violates your copyright, you are encouraged to notify Oxford BioLabs in accordance with standard Digital Millennium Copyright Act (“DMCA”) Policy. Oxford BioLabs 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 Oxford BioLabs or others, Oxford BioLabs may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Oxford BioLabs will have no obligation to provide a refund of any amounts previously paid to Oxford BioLabs.
5. Release and Consent to Use Submitted Content, Photographs or other Media. As Consideration for participating in the TRX2 “Get-Involved” program (Submit Idea/Submit Story or by submitting content via email or post) you hereby consent to allow your content submitted (including text, testimonials, photos, videos etc.) to be used in both this specific webpage and any future medium with regard to TRX2 or Oxford BioLabs Ltd. brand products, and irrevocably grant to Oxford BioLabs Ltd., its successors, licensees, assignees and affiliated entities (collectively “you”) the right to make, use, reuse, reproduce, modify, publish, republish and create derivative works of this content and/or media content in any and all media now known or hereafter devised, worldwide, in perpetuity for any purpose.This program will deal with selected personal content (Ideas, Stories, etc.) and/or actual media content and may include, but will not be limited to, distribution on the worldwide web, television, DVD, video, electronic, direct TV and radio and print advertisements, box insets, brochures, sales collateral, etc. (all “Media”).
You hereby exclusively grant, assign and convey all right, title and interest, including any moral rights, in your personal idea and/or story and/or photographs/media content and/or any use, reuse, reproduction, modification, publication, republication and creation of derivative works from your personal content and photographs to you. You hereby release, discharge and agree to hold harmless you, your representatives, employees, officers, directors, agents or any person or persons, corporation or corporations, acting under your direction, including any firm publishing or distributing the finished product, even though the finished product may either intentionally or otherwise subject you to scandal, ridicule, reproach, scorn or indignity.
You hereby waive any right to inspect or approve the form of such materials bearing your name, likeness, and/or biographical
information, and hereby state:
That all advertisements, copies of advertisements, box inserts, and/or future promotional print applications will be the property of Oxford BioLabs and shall be assigned to Oxford BioLabs.
That all copyright and other proprietary interests of whatever kind in the works acquired shall be the exclusive property of Oxford BioLabs.
That you shall cooperate fully by executing all necessary documents to perfect and register or, if necessary, assign copyright for the exclusive benefit of Oxford BioLabs.
If applicable, you warrant that the text and/or media content you have sent are a true, un-retouched representation of your likeness and that any perceived benefit demonstrated is real and attributed to the Oxford BioLabs product(s) (the “Product”). Similarly, any testimony given is truthful and from my personal experience with the Product(s). I further understand that by agreeing to this Release and Consent to use, you specifically waive any claim, which you may have for payment or remuneration of any kind. You hereby warrant that you are eighteen (18) years of age or older, and are competent to contract in your own name.This Release constitutes the complete understanding between the parties and supersedes all prior agreements, negotiations, and discussions between the parties. No other promise or agreements shall be binding unless signed by both parties. You have read the foregoing Release and Consent to Use before agreeing to this agreement, and warrant that you fully understand the contents thereof.
6. Intellectual Property. This Agreement does not transfer from Oxford BioLabs to you any Oxford BioLabs or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Oxford BioLabs. Oxford BioLabs, trx2.com, and all other trademarks, service marks, graphics and logos used in connection with trx2.com, or the Website are trademarks or registered trademarks of Oxford BioLabs or Oxford BioLabs’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Oxford BioLabs or third-party trademarks. You hereby grant Oxford BioLabs an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any Content you post on or in connection with the Website or Oxford BioLabs services or the promotion thereof and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with Oxford BioLabs or the promotion thereof.
7. Changes. Oxford BioLabs Ltd. 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 Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Oxford BioLabs may also, in the future, offer new services and/or features through the Website (including, the release of articles and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
8. Termination. Oxford BioLabs may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. 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.
9. Disclaimer of Warranties. The Website is provided “as is”. Oxford BioLabs 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 Oxford BioLabs nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat . You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
10. Limitation of Liability. In no event will Oxford BioLabs, 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 Oxford BioLabs under this agreement during the twelve (12) month period prior to the cause of action. Oxford BioLabs 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.
11. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with Oxford BioLabs, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
12. Indemnification. You agree to indemnify and hold harmless Oxford BioLabs Ltd., 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 Website, including but not limited to out of your violation this Agreement.
14. Delivery Policy. Please read the Delivery Policy for information.
15. Return and Refund Policy. Please read the Return and Refund Policy for information.
16. Miscellaneous. This Agreement constitutes the entire agreement between Oxford BioLabs Ltd. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Oxford BioLabs Ltd., or by the posting by Oxford BioLabs Ltd. of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by and construed in accordance with the laws of England. 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; Oxford BioLabs Ltd. 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.