Bibdex Terms of Service

Bibdex ("Service") is a service being brought to you by Bibdex Inc. ("Company"). By accessing or otherwise using the Service you agree and acknowledge to be bound by these Bibdex Terms of Service ("Bibdex Terms"). If you do not agree to these Bibdex Terms or to our Privacy Policy located at http://bibdex.com/privacy.html, do not access Bibdex.

The Company reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Bibdex Terms of Service at any time at: http://bibdex.com/terms.html

Questions about the Bibdex Terms of Service should be sent to support@bibdex.com.

Notification of changes of service

The Company will provide notification of changes to the service to the email address you provided when creating an account. Notifications will be sent using commercially reasonable means. If you choose to opt-out of future emails, you accept that the Company will no longer notify you of changes to your service.

Account Terms

Identity

You must be 13 years or older to use this Service.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process ("Registration Data").
You must not impersonate nor misrepresent your identity or affiliations with other persons or entities.
You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

Liability

You are responsible for all materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages (collectively "Content") posted and for all activity that occurs under your account, whether done so publicly or privately.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Enjoyment

You must not intentionally and maliciously disrupt the reasonable enjoyment of others using the Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any customer, employee, member, or officer of the Company will result in immediate account termination.
You must not forge or manipulate headers, data, or network protocols to disguise the origin of Content or otherwise disrupt the intended use of the Service.
You must not use the Service to solicit.
You must not upload, post, host, or transmit unsolicited email, SMSs, comments, postings, or "spam" messages using the Service.
You must not use the Service to transmit any worms or viruses or any code of a destructive nature.

Violation of any of these agreements may result in the termination of your Account. While the Company prohibits such conduct and Content on the Service, you understand and agree that the Company cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Termination of account

You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account settings link on the homepage when logged in. The Account settings provides a link to cancel your account.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other service provided by the Company, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. The Company reserves the right to refuse service to anyone for any reason at any time.

Privacy

Registration Data, data about the use of the Service, and certain other information about you is subject to our Privacy Policy located at http://bibdex.com/privacy.html. You understand that through your use of the Service you consent to the collection, use and disclosure of this information, only as permitted by the Privacy Policy, including the transfer of this information to Canada and the United States and/or other countries for collection, storage, processing, and use by the Company in order to provide the Service to you, including the use of third party vendors to carry out such duties.

Modifications to the Service and Prices

The Company reserves the right to change published prices without notice.
The Company reserves the right to change the prices for services in your subscription provided The Company notifies you at the email address associated with your subscription by at least 30 days in advance of the change.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

We claim no intellectual property ownership over the material you provide to the Service. Your profile remains yours. Additionally, any materials you upload remain property of their original owner, which may be you, whether or not the materials were uploaded with or without a Bibdex Account. By contributing intellectual property to or in conjunction with Bibdex, you agree to the terms below and agree to grant us licenses as described below.

Intellectual Property of Content

For intellectual property content ("IP content") that you post on or in connection with the Service, you must either (i) own the rights, (ii) have received permission from the intellectual property owner to post or make available the IP content, including but not limited to any software, according to the terms below. By posting or making available the IP content on or in conjuction the Service you accept all liability for failing to secure the rights to the IP content necessary to grant the licenses described below.
You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property content ("IP content") that you post on or in connection with the Service ("IP License"). This IP License ends when you delete your IP content, cancel your account, or have your account terminated (except to the extent your content has been shared with others, and they have not deleted it).
You grant any research group you join using the Service a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property content ("IP content") that you post on or in connection with the research group on the Service ("IP Group License").
You understand that deleted content may persist in backup copies for a reasonable period of time (but will not be available to others).
If you believe that material located on Bibdex violates your copyright, follow the Bibdex Notification of Copyright Infringement Policy found at http://bibdex.com/copyright_infringement.html

Intellectual Property of the Service

We always appreciate your feedback or other suggestions about Bibdex, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
The look and feel of the Service is copyright Bibdex Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from the Company.

General Conditions

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Company uses third party vendors and hosting partners either in or outside of Canada to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, the Company, or any other product or service belonging to Bibdex Inc.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You acknowledge and expressly consent to the Company accessing, preserving, and disclosing your account information and Content if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of the Company, its users and the public.
The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and policies referenced herein constitutes the entire agreement between you and the Company and govern your use of the Service, superceding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service and their associated policies).
You agree that the relationship between the Company and you will be subject to the jurisdiction of Ontario. Any disputes will be resolved by the courts or arbitrators in the jurisdiction of Ontario.

DISCLAIMER OF WARRANTIES, REPRESENTATIONS, AND CONDITIONS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
BIBDEX INC. DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
BIBDEX INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIBDEX INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIBDEX INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BIBDEX INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Last updated August 8, 2010.