Terms of Website Use
1. INFORMATION ABOUT US
We are OCSiAl LLC, a company registered in Delaware, United States under file number 5463012 and with our registered office at 108 West 13th st, Wilmington, New Castle, Delaware 19801, USA. Our two offices are at 20 S Third St, Suite 210, Columbus, Ohio 43215, USA and 1804 Embarcadero Rd, Suite 202, Palo Alto, California 94303, USA.
Please see our Contacts page for more information.
4. USER ELIGIBILITY
Our Website is available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use our Website.
5. USE OF OUR WEBSITE
5.1. You may use our Website only for lawful purposes. Unacceptable use of our Website means any use of our Website which damages or is likely to damage our reputation, the availability or integrity of our Website or which causes us or threatens to cause us to incur any legal, tax or regulatory liability. Unacceptable use of our Website includes, but is not limited to the use of our Website:
i) in any way that breaches any applicable local, national or international law or regulation.
ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
iii) for the purpose of harming or attempting to harm minors in any way.
iv) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards
v) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
vi) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
5.2. You also agree:
i) not to reproduce, duplicate, copy or re-sell any part of our Website;
ii) not to access without authority, interfere with, damage or disrupt:
- any part of our Website;
- any equipment or network on which our Website is stored;
- any software used in the provision of our Website; or
- any equipment or network or software owned or used by any third party.
6. INTERACTIVE SERVICES
6.1. We may from time to time provide interactive services on our Website, including, without limitation:
i) chat rooms,
ii) bulletin boards,
iv) comment pages,
v) product reviews.
6.2. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
6.3. We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
6.4. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
6.5. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
7. CONTENT STANDARDS
7.1. These content standards apply to any and all material which you contribute to our Website (“Contributions”), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
7.2. Contributions must:
i) be accurate (where they state facts);
ii) be genuinely held (where they state opinions);
iii) comply with applicable law in the UK and in any country from which they are posted.
7.3. Contributions must not:
i) contain any material which is defamatory of any person;
ii) contain any material which is obscene, offensive, hateful or inflammatory;
iii) promote sexually explicit material;
iv) promote violence;
v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
vi) infringe any copyright, database right or trade mark of any other person;
vii) be likely to deceive any person;
viii) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
ix) promote any illegal activity;
x) be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
xi) be likely to harass, upset, embarrass, alarm or annoy any other person;
xii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
xiii) give the impression that they emanate from us, if this is not the case;
xiv) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
i) immediate, temporary or permanent withdrawal of your right to use our Website;
ii) immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
iii) issue of a warning to you;
iv) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
v) further legal action against you;
vi) disclosure of such information to law enforcement authorities as We reasonably feel is necessary.
9. APPLYING FOR THE AWARD PROGRAM AND ORDERING SAMPLES THROUGH OUR SITE
The legal terms and conditions on which you may participate in the Integrated Nanotube Commercialization Award Program and subsequently purchase single wall carbon nanotubes (Products), or order free samples on our Website are established in our Terms and Conditions and the Safety Data Sheet.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. Any and all intellectual property rights (“Intellectual Property”) associated with our Website and its contents (the “Content”) is owned by us, our affiliated companies, or our licensors. The Content is protected by copyright and other laws in both the United Kingdom and other countries. Elements of our Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on our Website are trademarks, service marks or trade dress (“Marks”) of us, our affiliated companies, or other entities that have granted us the right and license to use such Marks and may not be used or interfered with in any manner without our express written consent.
11. LINKS TO AND FROM OTHER WEBSITES
11.2. Inbound Links. You are allowed to establish links to our Website only upon our prior written permission. We reserve the right to withdraw our permission at any time. Any website or other device that links to our Website or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that we or any of our affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with us or any of our affiliates, (e) presenting false information about our products or services, and (f) using any logo or mark of us or any of its affiliates without our express written permission.
You agree that we may terminate or suspend your use of our Website and Content at any time and for any or no reason in our sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of our Website, and (b) destroy any copies you have made of any portion of the Content. Accessing our Website after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that we shall not be liable to you or any third party for any termination or suspension of your access to the Website.
13. DISCLAIMER OF WARRANTIES
13.2. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, defect, interruption, deletion, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
14. LIMITATION OF LIABILITY
14.2. WE DISCLAIM ALL LIABILITY WITH RESPECT TO OUR CESSATION TO MAKE OUR WEBSITE AVAILABLE TO YOU WHEN SUCH CESSATION RESULTS FROM THE SERVER SHUTDOWN EITHER ACCIDENTAL OR INTENTIONAL.
14.3. Some jurisdictions do not allow the limitation of liability. In such jurisdictions, our liability to you for any damage or loss which arises out of or is in any way connected with your use of our Website or any Content is limited to the greatest extent permitted by law, or $50, whichever is less.
14.5. To the extent permitted by law, you agree to indemnify and hold harmless, and upon our request, defend, us, our directors, shareholders, officers, employees, independent contractors and agents (each an “Our Indemnified Party”) from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorneys fees and court costs, incurred by Our Indemnified Party due to or arising from or in connection with your use of our Website.