Date of Last Revision: December 19, 2009.
These Terms of Service apply to all users of the YouBioIt.com Website, including users who are also contributors of articles of any kind, polls of any kind, pictures, information, and other materials or services on the Website. The YouBioIt.com Website includes all aspects of YouBioIt.com, including but not limited to all products, software and services offered via the website.
The YouBioIt.com Website may contain links to third party websites that are not owned or controlled by YouBioIt.com. YouBioIt.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, YouBioIt.com will not and cannot censor or edit the content of any third party site. By using the YouBioIt.com Website, you expressly relieve YouBioIt.com from any and all liability arising from your use of any third party website.
YouBioIt.com account, user profile
In consideration of your use of the Site, you agree to: (A) In order to access some features of the Website, you will have to create a YouBioIt.com account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify YouBioIt.com immediately of any breach of security or unauthorized use of your account.
(B) Although YouBioIt.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of YouBioIt.com or others due to such unauthorized use.
(C) Be fully responsible for all use of your account and for any actions that take place using your account.
(D) Maintain and promptly update the Registration Data, and any other information you provide to YouBioIt.com, to keep it accurate, current and complete.
General Use of the Website
YouBioIt.com hereby grants you permission to access and use the Website as set forth in these Terms of Service, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part, provided that:
- You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without YouBioIt.com's prior written authorization.
- You agree not to alter or modify any part of the Website.
- You agree not to access User Submissions (defined below) or YouBioIt.com Content through any technology or means other than the main YouBioIt.com website, or other explicitly authorized means that we may designate.
- You agree not to use the Website, for any commercial use, without the prior written authorization of YouBioIt.com.
- You agree not to sale access to the Website or its related services on another website
- You agree not to use the Website or its related services, for the primary purpose of gaining advertising or subscription revenue.
- You agree not to sale advertising, on the YouBioIt.com website or any third-party website, targeted to the content of specific User Submissions or YouBioIt.com content.
- You agree not to use the Website or its related services that YouBioIt.com finds, in its sole discretion, to use YouBioIt.com's resources or User Submissions with the effect of competing with or displacing the market for YouBioIt.com, YouBioIt.com content, or its User Submissions.
- If you use the YouBioIt.com media (images, photos) Uploader, you agree that it may automatically download and install updates from time to time from YouBioIt.com. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit YouBioIt.com to deliver these to you) as part of your use of the Uploader.
- Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited.
- You agree not to use or launch any automated system, including without limitation, "robots", "spiders" or "offline readers", that accesses the Website in a manner that sends more request messages to the YouBioIt.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, YouBioIt.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. YouBioIt.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of YouBioIt.com, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.
This license is revocable at any time without notice and with or without cause. We reserve the right to discontinue any aspect of the Website at any time.
The following are examples of the kind of Content that is illegal or prohibited to post on or through the YouBioIt.com Services. YouBioIt.com reserves the right to investigate and take appropriate legal action against anyone who, in YouBioIt.com's sole discretion, violates this provision, including without limitation, removing the offending Content from the YouBioIt.com Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of YouBioIt.com:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
- harasses or advocates harassment of another person
- exploits people in a sexual or violent manner
- contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website
- solicits personal information from anyone under 18
- publicly posts information that poses or creates a privacy or security risk to any person
- constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
- constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page). (Only the Friend Users system of restriction is admitted).
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users
- involves commercial activities and/or sales without prior written consent from YouBioIt.com such as contests, sweepstakes, barter, advertising, or pyramid schemes
- includes a photograph or video of another non-public person that you have posted without that person's consent.
- includes a photograph or video of a public person that you have posted and that photograph or video has not the legal authorization of that public person for public use by third parties.
- includes a biographical article of another non-public person that you have posted without that person's consent
- includes a biographical article of a public person that you have posted and that article contains information that has not the legal authorization of that public person for public use by third parties.
- a biography article provides false, wrong, improper or offensive information about a person
- for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile
- violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person
Some of the prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sniffing, phishing, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets
- advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the YouBioIt.com Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, YouBioIt.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which YouBioIt.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the YouBioIt.com Services, you acknowledge that you will have caused substantial harm to YouBioIt.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay to YouBioIt.com U$S 30 for each such unsolicited email or other unauthorized commercial communication you send through the Website's Services
- circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the YouBioIt.com Services
- activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network
- covering or obscuring the banner advertisements on your personal profile page, or any YouBioIt.com page via HTML/CSS or any other means
- any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages
- interfering with, disrupting, or creating an undue burden on the Website Services or the networks or services connected to the YouBioIt.com Services
- impersonating or attempting to impersonate another Member, person or entity
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account
- selling or otherwise transferring your profile
- using any information obtained from the YouBioIt.com Services in order to harass, abuse, or harm another person or entity, or attempting to do the same
- displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the YouBioIt.com Services on behalf of that person
- sending private messages with a commercial purpose
- using the YouBioIt.com Services in a manner inconsistent with any and all applicable laws and regulations
Your User content Submissions
You are solely responsible for the photos, profile data (including your name, image, mug shots and likeness), articles, messages, notes, text, information, comments, advertisements, listings, and other content that you upload, publish or display on or through the Services of the Site, or transmit to or share with other users (collectively the "User Content").
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize YouBioIt.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to YouBioIt.com, you hereby grant YouBioIt.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the YouBioIt.com Website and YouBioIt.com's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the YouBioIt.com Website (and derivative works thereof) in any media formats. You also hereby grant each user of the YouBioIt.com Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you terminate within a commercially reasonable time after you remove or delete your articles, polls or media uploaded from the YouBioIt.com Service. You understand and agree, however, that YouBioIt.com may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant YouBioIt.com all of the license rights granted herein.
YouBioIt.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and YouBioIt.com expressly disclaims any and all liability in connection with User Submissions. YouBioIt.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and YouBioIt.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. YouBioIt.com reserves the right to remove Content and User Submissions without prior notice.
Repeat Infringer Policy
In accordance with the Digital Copyright Laws and other applicable law of Argentina, YouBioIt.com has adopted a policy of terminating, in appropriate circumstances and at YouBioIt.com's sole discretion, members who are deemed to be repeat infringers. YouBioIt.com may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites, Links and Content
YouBioIt.com contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
- Users can link their posts to a page, site, file of any type, application and any other digital format material that has been legally published in Internet by its legal owner and does not infringe the established terms of YouBioIt.com.
- Links just connect a page to certain information or just activate certain types of content, but they do not constitute a reproduction of the content they link to.
- Users of YouBioIt.com who provide links from YouBioIt.com to other web pages are solely responsible for the content those web pages provide.
- Users of YouBioIt.com are solely responsible for the access and use of web pages linked from YouBioIt.com. Accordingly users must take precautionary measures according to the content type or service he/she is visiting or using.
Any YouBioIt.com user who deems a web page linked from YouBioIt.com inappropiate, has the right to report it or give us a suggestion of what can be done with that link by contacting us.
Recommendation Service (Share Service)
You are solely responsible for the use of the Recommendation Service with other users or non-users. We reserve the right, but have no obligation, to monitor disputes between you and other users or non-users as well. The above Share Service's policies apply also to the recommendation of the YouBioIt.com website to third parties by any kind of means provided or not by YouBioIt.com.
You may not make use of the Recommendation Service in any inappropiate way including the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming". Actions like the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming" among others which violate the legal terms of YouBioIt.com, give YouBioIt.com the right to investigate and take appropriate legal action against anyone who, in YouBioIt.com's sole discretion, violates this provision, including without limitation, terminating the Membership of such violators.
Friends Network Service
In YouBioIt.com users have the right to add to a list of User Friends (Friends) as many users as they wish. Also users can request to other member users to be added to their list of friends. Thus, any member of YouBioIt.com has the right to build his/her private group of friends; so as those friends will have access to his/her privately published articles and/or media.
- Users have the option to make their uploaded articles and/or pictures, available exclusively for friend users, thus, those users who are not part of another user friends list, will not be able to view the content uploaded by that user as private.
- In YouBioIt.com you can share information with others; like friends and people in your network of friend users; while providing you with privacy settings that restrict other users from accessing your information. YouBioIt.com allows you to choose the information you provide to friends and network of people through YouBioIt.com.
- You are solely responsible for the friend users you add to your list of friends. YouBioIt.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction or conflict of any type or nature arisen from your relationship with your user friends.
- You acknowledge that each time a Friend User Network activity concerning you directly or indirectly or connected in any ways to your Username, is performed, a notification email is sent to the email address you provided us during the registration process.
Rich Text Editors
You are solely responsible for your interactions with other YouBioIt.com Users. YouBioIt.com reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
YouBioIt.com is not responsible for and makes no warranties, express or implied, as to the User Submissions or the accuracy and reliability of the User Submissions posted on or through the YouBioIt.com Services, whether caused by Users of the YouBioIt.com Services or by any of the equipment or programming associated with or utilized in the YouBioIt.com Services and such User Submissions do not necessarily reflect the opinions or policies of YouBioIt.com.
YouBioIt.com and the Service may be temporarily unavailable from time to time for maintenance or other reasons. YouBioIt.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. YouBioIt.com is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will YouBioIt.com be responsible for any loss or damage, including any loss or damage to any User Submissions or personal injury or death, resulting from anyone's use of the Site or the Service, any User Submissions or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
(A) THE SITE, THE SERVICE (INCLUDING THE RECOMMENDATION SERVICE), ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND YOUBIOIT.COM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. (B) YOUBIOIT.COM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. (C) YOUBIOIT.COM DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. (D) YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
Limitation on Liability
IN NO EVENT SHALL YOUBIOIT.COM OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE YOUBIOIT.COM SERVICES, EVEN IF YOUBIOIT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOUBIOIT.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO YOUBIOIT.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL YOUBIOIT.COM'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO YOUBIOIT.COM FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM YOUBIOIT.COM, REGARDLESS OF THE CAUSE OF ACTION.
You agree to indemnify and hold YouBioIt.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the YouBioIt.com Services, arising out of or in connection with any User Submission, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Recommendation Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
YouBioIt.com may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13, or under 18 and not in high school or college or you do not have the authorization of your legal tutors to access or visit YouBioIt.com.
Ability to Accept Terms of Service
You affirm that you are either older than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the YouBioIt.com Website is not intended for children under 13. If you are under 13 years of age, then please do not use the YouBioIt.com Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
For any questions regarding this Agreement please contact us.
YOU CONFIRM THAT YOU HAVE READ THIS AGREEMENT AND YOU ACCEPT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.