Please read the Terms of Use carefully before accessing or participating in any bulletin board, mailing list, blog, website, transaction or other online forum that may be available at the The Incubator Website. By using and participating in this site, you signify that you have read these Terms and agree to be bound by and comply with them.

General Description

Welcome to The Incubator, a blog run by The Rockefeller University community. The mission of The Incubator through its website (the “The Incubator Website”) is to encourage users to engage in thought and discourse about science. By accessing, using, and/or contributing to The Incubator Website, and in consideration for The Incubator Website being made available to you, you agree to abide by the terms set forth herein and the Privacy Policy, which is incorporated by reference herein (collectively, “Terms”).

The Incubator may change the Terms from time-to-time at The Incubator’s sole discretion. Your continued use of The Incubator Website following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the site to review the current version of the Terms. These Terms supersede any oral or written statements and can be modified only by written agreement signed by an authorized representative of The Incubator.

Content

Any and all works of authorship copyrightable by you and submitted by you to The Incubator blog (“Content”) are submitted under and governed by the terms of an Attribution-NonCommercial-ShareAlike Creative Commons License available at: http://creativecommons.org/licenses/by-nc-sa/3.0/legalcode. Under this license, you permit anyone without charge for this right, to copy, distribute, transmit and adapt your Content, so long as they credit your authorship and do not use the Content for commercial purposes.

By submitting your Content to The Incubator, you are granting The Rockefeller University a non-exclusive, royalty-free, perpetual, and worldwide license to use your Content in connection with its operations, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content, and/or to incorporate it into a collective work.

Contributed Content and Comments

Contributed content and comments should be relevant to the subject scope of The Incubator. Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable. The Incubator has the right (although not the obligation) to not post or to remove, without notice, any content that we consider, for any reason, to violate these Terms or to be outside the subject scope of The Incubator Website.

Copyright and Trade Marks

Any person who provides any Content (including without limitation, software, graphics, text, photographs, sound, video, and musical recordings) for inclusion on the The Incubator Website is responsible for ensuring that the Content does not violate other parties’ copyright or other proprietary rights and does not otherwise violate law or applicable The Incubator policy. As part of its general right to remove material, The Incubator reserves the right in its sole discretion to delete or make inaccessible content that contains or may contain material that violates law, or applicable policy of The Incubator, or the rights of third parties. You are not permitted to use the trade names, trademarks, service marks, logos or name of The Rockefeller University, except for purposes of giving acknowledgement of the source of content cited or quoted from The Incubator Website.

Community Participation Browsing

You understand that comments and content displayed on The Incubator Website are the work of individual authors and do not represent the views or advice of The Incubator or The Rockefeller University. The comments and content are the sole responsibility of the authors, and are not approved or endorsed by The Incubator or The Rockefeller University. Neither The Incubator nor The Rockefeller University assumes responsibility for the accuracy, suitability, or completeness of any content on The Incubator Website.

Linking

The Incubator and The Rockefeller University have not and cannot review all material made available through websites linked or linking to any part of The Incubator Website. Any such linking does not imply in any way that The Incubator or The Rockefeller University endorses or is affiliated with any third-party website (including any external pop-up advertisements). You agree that The Incubator and The Rockefeller University bear no responsibility or liability for any content accessed or for any harm caused from or by any third-party website (or any external pop-up advertisements). The Rockefeller University and The Incubator do not endorse or recommend any commercial products, processes, services or information and do not endorse the products, processes, services or information on external websites.

User Representations and Warranties

By submitting any Content to The Incubator Website, you represent and warrant that you have all right, title and interest to such Content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide or submit the Content, and that posting such Content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, other intellectual property right, right of privacy, right of publicity, moral rights or other right recognized by any applicable jurisdiction; constitute a breach of any agreement with any other person or entity; or violate any law or regulation. You represent and warrant that you will not use any software that sends repeated queries to The Incubator, or otherwise sends automated queries of any sort to The Incubator. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the Content you submit is true and your own work or work you are authorized to submit, and does not contain any material that is threatening, harassing, libelous, false, defamatory, discussions of illegal activities with intent to commit them, offensive, obscene, or pornographic, or that violates any law or regulation. You agree that you will not, knowingly or with intent to defraud, provide material and misleading information. You agree to use The Incubator Website in accordance with all applicable laws and regulations. Because The Rockefeller University is a non-profit, tax-exempt organization, you agree that you will not use The Incubator Website for organized partisan political activities. You agree that you will not access or attempt to access any other user’s account. You represent and warrant that the Content you supply does not violate any of the Terms.

Agreement to Indemnify, Defend and Hold Harmless

To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless The Incubator, The Rockefeller University and their affiliates, trustees, officers, faculty, students, employees and agents (including suppliers and licensors), from any claim, demand, loss, damage, fees including attorneys’ fees, costs and expenses, arising out of or concerning these Terms between you, The Incubator and/or The Rockefeller University, including but not limited to your use of, your contribution to or your submission  of Content to The Incubator Website; your violation of these Terms; your infringement of any intellectual property or other right of any person or entity; your breach of any agreement; or violation of any law or regulation.

Termination of Service

The Incubator disclaims all responsibility and liability for the availability, timeliness, security or reliability of The Incubator Website. The Incubator reserves the right to modify, suspend and/or discontinue The Incubator Website and/or access to The Incubator Website without any notice at any time and without any liability.

Extent of Terms

The Terms apply to access of, use of and contribution to The Incubator Website and/or any account. The Incubator may operate additional projects or services that require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed herein.

No Waiver of Terms

Failure of The Incubator to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.

Governing Law and Entire Agreement

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules. You agree to submit to the jurisdiction and venue of the federal or state courts in New York County in the event of any dispute of any kind relating to or concerning the Terms between you, The Incubator and/or The Rockefeller University. The Terms constitute the entire agreement between you, The Incubator and The Rockefeller University with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If, for any reason, a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES

UNLESS REQUIRED BY APPLICABLE LAW, THE INCUBATOR WEBSITE, INCLUDING ITS OPERATION, INFORMATION, CONTENT, AND/OR MATERIALS, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE INCUBATOR WEBSITE OR ANY SITE LINKED TO THE INCUBATOR WEBSITE IS FREE FROM INFECTION OR OTHER ELECTRONIC CONTAMINATION.

YOU EXPRESSLY AGREE THAT YOU USE THE INCUBATOR WEBSITE SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT THE INCUBATOR AND THE ROCKEFELLER UNIVERSITY AND THEIR AFFILIATES, TRUSTEES, OFFICERS, FACULTY, STUDENTS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO: LOSS OF DATA, LOSS OF USE OR INTERUPTION IN AVAILABILITY OF DATA OR USE OF SITE, DISCLOSURE OF CONFIDENTIAL INFORMATION, LOST PROFITS) RELATING TO OR CONCERNING THE TERMS BETWEEN YOU, THE INCUBATOR AND/OR THE ROCKEFELLER UNIVERSITY (INCLUDING, BUT NOT LIMITED TO THE INCUBATOR WEBSITE AND ITS OPERATION, ITS CONTENTS, INFORMATION AND/OR MATERIALS CONTAINED THEREIN; ERRORS; YOUR OR ANY THIRD PARTY’S USE; THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE INCUBATOR WEBSITE; ANY CONTENT CONTAINED IN ANY SUCH LINKED SITE; YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE INCUBATOR WEBSITE; OR THESE TERMS INCLUDING THE PRIVACY POLICY), EVEN IF THE INCUBATOR, THE ROCKEFELLER UNIVERSITY, THEIR AFFILIATES, TRUSTEES, OFFICERS, FACULTY, STUDENTS, EMPLOYEES, AGENTS, SUPPLIERS, AND/OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Copyright Complaints

The Rockefeller University respects the intellectual property of others, and requires that its users do the same. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please follow our instructions at: http://www.rockefeller.edu/about/dmca for reporting copyright infringements.