of the ScienceWiz WEBSITE and SOFTWARE
- ACCEPTANCE OF TERMS
Welcome to the ScienceWiz™ website.
- COPYRIGHT; LIMITED LICENSE
The Materials and Services on this Site are protected by copyright and/or patent and/or other intellectual property laws, and any unauthorized use of the Materials or Services may violate such laws. Except as expressly provided herein, the Company and its licensors and suppliers retain all such rights and do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Materials and Services. Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of the Company.
- USE OF SOFTWARE
The software and accompanying documentation that you have the opportunity to download are the copyrighted and/or patented work of the Company and/or its licensors and/or suppliers. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the software available on the Site.
- USE OF SOFTWARE AND SITE INFORMATION
Except as otherwise indicated elsewhere 1) on the www.ScienceWiz.com website; 2) on the ScienceWiz software 3) on the documents attached to this software; 4) on the information supplied within the software menus; 5) on the ScienceWiz software surface 6) or in Web Pages activated by clicking the ScienceWiz software menu buttons, collectively “ScienceWiz”, you may view, download and print the documents and information available on the ScienceWiz subject to the following conditions:
- The documents and information may be used solely for personal educational, informational, internal, non-commercial purposes.
- The documents and information may not be modified or altered in any way.
- You may not remove any copyright or other proprietary notices contained in the documents and information.
- The company reserves the right to revoke the authorization to view, download and print the documents and information available on the ScienceWiz at any time, and any such use shall be discontinued immediately upon written notice from the Company or an announcement published on ScienceWiz.
- The rights granted to you constitute only a license and in no event ever a transfer of title.
The rights specified above to view, download and print the documents and information available on the ScienceWiz are not applicable to the design or layout of the ScienceWiz. Graphic art and other elements of the ScienceWiz are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
- USE AND PROTECTION OF ACCOUNT NUMBER AND PASSWORD
While activating certain features, you have the option to register, in such case, you are responsible for maintaining the confidentiality of your account number and/or password, if applicable. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
- WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY, ALL MATERIALS AND SERVICES ON THE SCIENCEWIZ ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE COMPANY VIA THE SCIENCEWIZ WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SCIENCEWIZ WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
SCIENCEWIZ COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, CATEGORICAL OR TYPOGRAPHICAL ERRORS. THE COMPANY MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON THE SCIENCEWIZ, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES ON THE SCIENCEWIZ MAY BE OUT OF DATE, AND THE COMPANY MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE COMPANY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THE SCIENCEWIZ. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SCIENCEWIZ OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE SCIENCEWIZ. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This Site contains links to third-party Websites that are not under the control of the Company. The Company makes no representations whatsoever about any other Website to which you may have access through the ScienceWiz. When you access a non-ScienceWiz Website or software you do so at your own risk and the Company is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. The Company provides these links merely as a convenience and the inclusion of such links does not imply that the Company endorses or accepts any responsibility for the content or uses of such Websites. ScienceWiz can be accessed from other countries around the world and may contain references to the Company products, services, and programs that have not been announced in your country. These references do not imply that the Company intends to announce such products, services or programs in your country
- LICENSE FOR USER CONTENT. Certain Services offered on the ScienceWiz may accommodate or require user-supplied information, materials or communications (collectively, ‘User Content’). Depending upon the nature of the Service, by submitting User Content to the ScienceWiz you grant the Company one of the following two types of licenses:
- For User Content that is the result of your creative efforts, such as examples of work you have done using the company products, you hereby grant the Company a worldwide, royalty-free, non-exclusive license to reproduce and modify (for purposes of formatting, maintenance or Site administration only) such User Content. You also grant the Company the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Service. This license will be in effect until such User Content is removed from the ScienceWiz.
- For User Content such as comments to the Company User-to-User Forums, bug reports, piracy reports or product suggestions, you grant the Company an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such User Content; and you also agree that the Company is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the ScienceWiz will be published or otherwise used with your name on it; or (c) we are required to do so under court order or similar governmental mandate.
- PROHIBITED COMMUNICATIONS. You may only submit to the ScienceWiz, User Content that is (a) owned by you, (b) submitted with the express permission of the owner, or (c) in the public domain. You are prohibited from posting or transmitting to or from the ScienceWiz any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that would violate any law applicable or the rights of others, including without limitation, laws against copyright infringement. Violation of these restrictions may result in limitations on access by you to this Site.
- MANAGING USER CONTENT AND COMMUNICATIONS. The company reserves the right, in its sole discretion, to delete or remove your User Content from the ScienceWiz and to restrict, suspend or terminate your access to all or part of the ScienceWiz at any time for any reason without prior notice or liability.
The Company may establish general practices and limits on the use of any Service, including, but not limited to, limits on retention time, file size, and storage space for User Content. The Company shall have no liability or responsibility for the deletion or failure to store any information or materials in connection with any Service. The Company may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards or other user forums, and (ii) the substance of any User Content. To the maximum extent permitted by law, The company will have no liability related to User Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The Company also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
- NOTIFICATION OF COPYRIGHT INFRINGEMENT. The Company will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the ScienceWiz or on sites linked to from the ScienceWiz, please provide the Company’s Copyright Agent a Notice containing the following elements:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
- A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
- A description of where the material that you claim is infringing is located on the Company site;
- Information sufficient to permit the Company to contact you, such as your physical address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The company’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
12 Aspen Court
San Anselmo, CA 94960
wsmoulton at gmail dot com
THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS SITE. ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT WILL NOT BE RESPONDED TO. SUCH INQUIRIES SHOULD BE MADE THROUGH THE FEEDBACK PROCEDURE LOCATED AT DrPenny@ScienceWiz.com
- EXPORT CONTROL LAWS; NOTICE TO U.S. GOVERNMENT USERS
The export and re-export of The company software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods. In addition, The company software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
By downloading the Company software product you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
All The company products and publications are commercial in nature. The software and documentation available on the ScienceWiz are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
- GOVERNING LAW AND JURISDICTION
The ScienceWiz (excluding linked sites), Materials and Services are controlled by the company, Norman & Globus, Inc. from its offices within the State of California, United States of America. By accessing ScienceWiz, you and The company agree that these Terms of Agreement and all other matters relating to any such access or use shall be construed under and governed by the law of the State of California, but without regard to the conflicts-of-laws principles thereof. You and The company also agree and hereby submit to the sole and exclusive personal jurisdiction and venue of the Superior Court Department of the Trial Court for Berkeley, CA and the United States District Court for San Francisco, CA with respect to such matters. The company makes no representation that Materials or Services available on the ScienceWiz are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
- TRADEMARK INFORMATION
The trademarks, logos and service marks (“Marks”) displayed on ScienceWiz are the property of the Company or other third parties. You are not permitted to use the Marks without the prior written consent of the Company or such third party, which may own the Marks. The designations: ScienceWiz, Cool Circuits, ScienceWiz Books and Kits, Activity Kits, and ScienceWiz games and simulations and puzzles and quizzes and related logos thereto are trademarks of the Company. For a current list of The company’s Marks, as well as certain third party Marks, please refer to our copyright agent:
12 Aspen Court
San Anselmo, CA 94960
wsmoulton at gmail dot com
Copyright ©2018 Norman Globus, Inc. All rights reserved.