Pubget.com Terms and Conditions
EffectiveNov 30, 2012
Welcome to Pubget.com. If you use this web site, you accept these terms and conditions of use. Please read them carefully.
ACCEPTANCE OF TERMS; LICENSE FROM PUBGET
LIMITATIONS ON USE
The Materials on this Web Site are only for your personal use or, as applicable, for the internal use of your organization or institution, and they are not for commercial exploitation (for example, by resale to others or by republication to the public). Further, you may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or from the Materials. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. Except as permitted by our applicable robots.txt file, you may not use any robot, spider, other automatic software or device, or manual process to monitor our Web Site or the Materials without Pubget's prior written permission. You may not use the Materials in any way that harms Pubget or our affiliates, or our or their respective employees, directors or other representatives, participating rightsholders, content providers, or users, or any other third party. You may not use the Web Site as a destination linked from any unsolicited bulk or commercial messages (spam). You may not use or otherwise export or re-export this Web Site or any portion thereof, or the Materials in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web Site or the Materials is prohibited.
NOT LEGAL ADVICE
INTELLECTUAL PROPERTY RIGHTS
LINKING TO THIS WEB SITE
LICENSE OF YOUR OWN MATERIALS FOR USE ON THIS WEB SITE AND THIRD PARTY SITES
You agree that you will not distribute on or through this Web Site any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of Pubget. Notwithstanding the foregoing, in any interactive areas of this Web Site, where appropriate (a) you may list your name, address and email address, and your own Web site's URL, and (b) you may recommend third party Web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended Web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Web Site without the express written permission of Pubget.
Certain sections of this Web Site require you to register. If registration is requested, you agree to provide Pubget with accurate and complete registration information. It is your responsibility to inform Pubget of any changes to that information. Each registration is for a single individual only, unless you specifically tell us otherwise on the registration page or if a particular Pubget service expressly authorizes the sharing of individual registrations. You are responsible for preventing unauthorized use of your registration (for example, by keeping passwords confidential) and will be solely responsible for any activities that occur under your account. If you believe there has been unauthorized use, please notify Pubget immediately at firstname.lastname@example.org.
POSTINGS IN INTERACTIVE AREAS OF THE WEB SITE
Postings to be Lawful. If you participate in interactive areas on this Web Site, you agree not to post, publish, upload or distribute any messages, data, information, text, graphics, links or other materials ("Postings") which are unlawful or abusive in any way, including but not limited to any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, the regulations of the U.S. Securities and Exchange Commission or any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. Pubget may delete your Posting at any time for any reason without permission from you.
Postings to be in Your Name. You must sign your Postings with your real name; Pubget reserves the right to delete any anonymous Postings in its discretion. Such Postings will not be edited or modified. In your Postings, you agree not to misrepresent your identity or your affiliation with any person or entity.
Non-Commercial Use Only of Interactive Areas. Any interactive area of this Web Site is provided solely for your personal use. As a participant, you agree not to include in your Posting(s) or otherwise distribute on or through this Web Site any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organization without the express written permission of Pubget. Any unauthorized use of any interactive area of this Web Site, the Materials or any Postings is expressly prohibited.
ERRORS AND CORRECTIONS
Pubget does not promise that this Web Site or the Materials are or will be error-free, or free of viruses or other harmful components, that defects will be corrected or that the Web Site or Materials will always be accessible. Pubget does not promise that the Materials are or will be correct, accurate, timely, or otherwise reliable. Pubget may make improvements and/or changes to the Web Site features, functionality or Materials at any time.
THIRD PARTY CONTENT
Third party content and materials may appear on this Web Site or may be accessible by way of links from this Web Site and access to such materials is provided solely as a convenience to you. Such content and materials may be protected by U.S. and foreign copyright laws, and you agree to adhere to the terms and conditions asserted by the copyright holder(s) of any such content and to all applicable laws with respect to the use of such content. Pubget is not responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or anything else contained in, or for any other injury or damage caused by, any third party content or materials appearing on this Web Site or accessible through it. You understand that the information and opinions in the third party content and materials are not endorsed by, and do not necessarily reflect the opinions or beliefs of, Pubget, its affiliates, or any of their respective employees, directors or other representatives. No license or right is granted to you hereunder with respect to any such third party content or materials. Pubget and its affiliates do not endorse, warrant, guarantee or assume any liability with respect to, and have no responsibility and assume no liability for any use made by you of, any such third party content or materials.
ATTORNEY ETHICS NOTICE
If you are an attorney participating in any aspect of this Web Site, including but not limited to message boards, chat rooms or email forums, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed ("Rules") apply to all aspects of your participation and you agree that you will abide by those Rules. Those Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law and misrepresentations of fact. Pubget disclaims all responsibility for your compliance with those Rules. You further agree and acknowledge that, when you participate in any chat area on this Web Site, including but not limited to the message boards, you will not offer legal advice, but will only provide general information.
CERTAIN DATA MADE ACCESSIBLE ON OR THROUGH THIS WEB SITE AND RELATED PUBGET SERVICES ARE PROVIDED UNDER LEASE FROM MEDLINE®/PUBMED®, A DATABASE OF THE U.S. NATIONAL LIBRARY OF MEDICINE (“NLM”). NLM REPRESENTS THAT ITS DATA WERE FORMULATED WITH A REASONABLE STANDARD OF CARE. EXCEPT FOR THIS REPRESENTATION, NLM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE NLM DATA, AND NLM SPECIFICALLY DISCLAIMS ANY SUCH REPRESENTATIONS AND WARRANTIES. NLM DATA ARE PRODUCED BY A U.S. GOVERNMENT AGENCY AND INCLUDE WORKS OF THE UNITED STATES GOVERNMENT THAT ARE NOT PROTECTED BY U.S. COPYRIGHT LAW BUT MAY BE PROTECTED BY NON-US COPYRIGHT LAW, AS WELL AS ABSTRACTS ORIGINATING FROM PUBLICATIONS THAT MAY BE PROTECTED BY U.S. COPYRIGHT LAW. NLM ASSUMES NO RESPONSIBILITY OR LIABILITY ASSOCIATED WITH USE OF COPYRIGHTED MATERIAL, INCLUDING TRANSMITTING, REPRODUCING, REDISTRIBUTING OR MAKING COMMERCIAL USE OF THE DATA. NLM DOES NOT PROVIDE LEGAL ADVICE REGARDING COPYRIGHT, FAIR USE, OR OTHER ASPECTS OF INTELLECTUAL PROPERTY RIGHTS. PERSONS CONTEMPLATING ANY TYPE OF TRANSMISSION OR REPRODUCTION OF COPYRIGHTED MATERIAL SUCH AS ABSTRACTS ARE ADVISED TO CONSULT LEGAL COUNSEL.
LIMITATION OF LIABILITY
THIRD PARTY RIGHTS
The provisions of paragraphs 14 (Disclaimer), 15 (Limitation of Liability), and 16 (Indemnification) are for the benefit of Pubget and of each of the other persons listed in paragraph 16. You agree that each of these individuals or entities has the right to assert and enforce those provisions directly against you on his, her or its own behalf.
Format of Notice
If you believe that your work has been infringed or that your intellectual property rights have been otherwise violated, you should provide Pubget’s Agent for Notice with a notice that contains the following information:
identification and a description of the material that you believe has been infringed;
identification and a description of the material that you claim is infringing the material identified under item 1 above (including, without limitation, the URL of the Pubget web page(s) that contain the allegedly infringing material);
your address, telephone number, and email address;
the statement: “I have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law”;
the statement: “I swear, under penalty of perjury, that the above information in this notice is accurate and that I am the owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed”; and
your physical or electronic signature.
The form of notice described above is consistent with the form suggested by the United States Digital Millennium Copyright Act (“DMCA”), but this form should also be used for notices from outside the U.S. Please note that under U.S. copyright law, you may be subject to liability if you materially misrepresent that a posting, product or activity infringes your copyright.
Agent for Notice
Pubget’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Please note that attachments cannot be accepted due to security concerns. Accordingly, any notice submitted electronically with an attachment will not be received or processed. Your notice may, however, include a link to the location of the allegedly infringing material on our website.
2 Liberty Square, 2nd Floor
Boston, MA 02109
ATTN: DMCA Agent for Notice, Office of General Counsel
Regardless of whether Pubget may have any liability for infringement that is alleged in a notice as described above, our response to notices of infringement may include deleting or disabling access to the allegedly infringing material and/or suspending or terminating the accounts of infringing users. We may also document notices of alleged infringement on which we act.
The provider of any material that is removed following a notice of alleged infringement may make a counter notification pursuant to the DMCA. When we receive a DMCA-compliant counter notification, we may reinstate the material in question.
REMEDIES FOR VIOLATIONS
GOVERNING LAW AND JURISDICTION
SEVERABILITY OF PROVISIONS