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Terms of Service
Welcome to Open Therapeutics! We are proud to have you here.
These Terms of Service (“Terms”) apply to your use of Open Therapeutics’ websites, products, and services. Please read them carefully. Let us know if you have questions.
By using Open Therapeutics and its products, you agree to be bound by these Terms. If you are using Open Therapeutics on behalf of an organization, you agree to these Terms on behalf of that organization.
You must follow any policies made available to you within the Therapoid website. You must not misuse our Services (defined below). For example, do not use this website in any way that causes or may cause damage to the website or impairment of the website’s availability and accessibility; or in any way which is illegal, fraudulent, harmful or unlawful, or in connection with any illegal, fraudulent, harmful or unlawful purpose or activity.
These Terms do not give you the right to use this website to copy, send, store, use, publish, host, distribute or transmit any material or content which consist of (or is linked to) any computer virus, spyware, Trojan horse, worm, rootkit, keystroke logger or other malicious and/or damageable computer software.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website in any other ways than the ways mentioned. You must not induce, encourage, incite people or offer them incentives to sign up as an affiliate in any way. You must not use the Therapoid platform for data mining or email harvesting. If you do so, your account may be suspended and erased.
Content
United States and other intellectual property laws protect all content on Open Therapeutics’ websites including its Therapoid platform. You will find a few different types of content on our service.
Open Therapeutics provides a platform that enables scientific work-flow collaboration and offers open synthetic biology-based biopharmaceutical technologies.
At Open Therapeutics, we want to enable scientific experts to save lives, eliminate and remediate pollutants, and drive an entrepreneurial spirit for adopting synthetic biology-based technologies within an open platform, resulting in higher quality, lower cost, and more up-to-date and relevant biopharmaceuticals. Through the free exchange of scientific knowledge and research, our platform crowd-sources the global community around open technologies.
Our approach is open-source because we have, in essence, utilized the licensing and contractual arrangements already successfully used in open source programming and synthetic biology. Genetically modified organisms and associated technology are thus made freely available on condition that users agree to abide by similarly open source licenses and contracts if and when they enter into agreements with outside third parties. Similarly, we have also adopted a range of variations on this theme of open source license and contracts that allow for various forms of intellectual property protection.
Please read these Terms of Service (collectively with Open Therapeutics LLC’s Privacy Policy and Digital Millennium Copyright Act Policy the “Terms of Service”) fully and carefully before using http://OpenTherapeutics.net (the “Site”), Open Therapeutics’ LLC Therapoid platform (the “Platform”) and the services, features, content or applications offered by Open Therapeutics LLC (“we”, “us” “our” or “Open Therapeutics”) (together with the Site and the Platform, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Services, whether you are an open source contributor (“Innovator”), a party interested in open source technologies (“Adopter”), or merely a visitor who is browsing the Services.
- Acceptance of Terms of Service
- By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to these Terms of Service and all other operating rules, policies and procedures that we may publish from time to time, each of which is incorporated by reference and each of which we may update from time to time without notice to you. Under these Terms of Service, “User” means any person that opens and possesses an Account as defined in section 2.
- Certain of the Services or Content may be subject to additional terms and conditions specified by us or other parties (“Additional Terms”). Your use of such Services, Technologies, or Content (defined below) is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. Here are some examples of how these additional terms may arise:
- Some Innovators may make their Technologies or Content available only to the extent allowed by a certain Creative Commons License. In those situations, the Additional Terms of the Creative Commons License shall apply to your use of the Technologies or Content in addition to these Terms and Conditions.
- We may offer, either now or in the future, some additional features that are subject to certain charges. As a result, those features may have additional payment terms that apply to those features but are not listed in these Terms and Conditions. When you use those additional features, you are agreeing to comply with those additional payment terms as well as these Terms and Conditions.
- Registration
- In order to access some of the Services on this Site, you will need to open a separate account (“Account”) where you will create a login name, alias, and password by completing our online registration form, which requests certain information and data (“Registration Data”). Each login name and alias will be unique. Open Therapeutics reserves the right to refuse to grant any login name or alias that, in our determination, impersonates the login name or alias of another person or that we otherwise in our sole discretion deem to be inappropriate. However, Open Therapeutics is not responsible for policing against or preventing impersonation nor will Open Therapeutics be liable for any claims arising out of impersonation; if you suspect that you are being impersonated, please contact us at Legal@OpenTherapeutics.net.
- By registering for an Account, you agree that your Registration Data is true and accurate and that you will maintain and update your Registration Data as necessary so that it remains true and accurate. Failure to maintain accurate Registration Data, including without limitation e-mail address, may result in your immediate removal from the Site.
- You agree to maintain only one account with the Site. Determination of multiple account usage by allegedly related persons or persons originating from common locations is at the sole discretion of Open Therapeutics.
- The information we obtain through your use of this Site, including without limitation your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms.
- Description of Services
- Scientific Collaboration. Open Therapeutics provides users an area to conduct or discuss science-related information, data, manuscript development, provide or receive monetary and/or non-monetary donations, and express views, opinions, and the recommendations of individuals and organizations. You are completely responsible for your own conduct, beliefs and opinions within Open Therapeutics. The message boards are designed to help you gain the information to conduct research. You are responsible for properly analyzing and verifying any information or data you choose to rely upon.
- Open Therapeutics does not perform background checks on any of the Users. We do not guarantee that Users’ profiles contain accurate information. Users should also be aware that other Users might use Open Therapeutics for personal gain. Therefore, everyone should approach information, data, analytics and communications, and messages with appropriate precaution and objectivity.
- Communications and messages posted by Users may be misleading, deceptive, or in error. If you disagree with a posting, feel free to voice your opinion. It is the policy of Open Therapeutics to allow our Users to freely discuss issues in a free and open manner, and we will not take sides in disagreements or disputes based on scientific theories, sentiments, politics, or other subjective criteria.
- Open Therapeutics is largely a self-policing discussion site, which means that our site administrators (“Scientific Community Managers” or “Scientific Community Leaders”) will review communications received from users regarding violations of the Site policies. Upon receipt of such communications, the Scientific Community Managers can and will take such action as they deem appropriate (at their sole discretion), including, but not limited to the removal of post(s) and the suspension or termination of user account(s). If you believe a message has been intentionally posted in violation of any laws, you should contact the appropriate local legal authority.
- You should be aware of the possible risks of on-line communications and scientific data analysis. We make various services and Content (as defined below) available on the Open Therapeutics Site including, but not limited to, the provision of a forum for the discussion of various topics, including without limitation, data, theories, conferences, proceedings, investments, markets, politics, manuscripts, journal articles, and other topics. We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may also include, but are not limited to, changes in the pricing structure, the addition of Premium Services that may be determined in the future, or changes to allowances and limitations. Without limiting the generality of the foregoing, any new features that augment or enhance the then-current Services on this Site shall also be subject to these Terms.
- Technologies. Open Therapeutics offers a structured set of data, text, and media files that includes, without limitation public data produced by governments, universities, companies, organizations and other such Innovators (the “Technologies”). Open Therapeutics does not directly create or provide all of the Technologies available on the Platform. Rather, the Services act as a venue to allow Open Therapeutics and Innovators to offer, provide, distribute, produce and make available (“Share”) Technologies for other users to access and use. As a result, Open Therapeutics has no control over the quality, safety, morality or legality of any aspect of the Technologies that are Shared by Innovators, except those owned by Open Therapeutics and/or its Affiliates, or the ability of Innovators to provide Technologies. As used in these Terms, references to our “Affiliates” include our parent, subsidiary, and affiliated companies. Open Therapeutics does not transfer legal ownership of any of the Technologies from the Innovators to any user. By using the Services, you agree that Open Therapeutics is not responsible or liable for any content or Technologies, for example, text, information, data, communications, usernames, graphics, images, photographs, profiles, audio, video, items, links and any other material posted by you, Innovators, other users, or outside parties on the Services. Therefore, ultimately, you use the Services at your own risk.
- Professional/Commercial Users - Disclosures and Disclaimers.
- Some Open Therapeutics Users may reflect professional designations (“PRO”). PRO are professional businesspersons providing investor awareness, investor relations, or any other compensated promotional service or activity relating to a publicly traded stock. PRO may be compensated to provide those services by either the company, organization, service, or product they are promoting or some other interested party. There are no umbrellas; anyone who is compensated to promote, even if by another PRO, must carry their own PRO status and insurance. PROs pay Open Therapeutics a fee (typically $1000/month) for their commercial use of the site. The PRO status provides them the means to include a notice and link to their legally required Disclosure/Disclaimer. If a post or communications qualifies for a Disclaimer/Disclosure, it is the PRO’s responsibility to mark their posting or communication accordingly.
- While Open Therapeutics requires all professional Users to declare their status and maintain an active PRO subscription while engaged in any activities on the site, we cannot guarantee that all do. The absence of an PRO Disclosure/Disclaimer should not be construed to indicate the poster is not subject to such requirements. Open Therapeutics does not track promotional activity engaged in Open Therapeutics by PRO and we are not party to their promotion agreements. Our PRO subscription fees are assessed for their commercial use of the site and providing them the means to include any legally required Disclosures/Disclaimers with their posts.
- Scientific Collaboration. Open Therapeutics provides users an area to conduct or discuss science-related information, data, manuscript development, provide or receive monetary and/or non-monetary donations, and express views, opinions, and the recommendations of individuals and organizations. You are completely responsible for your own conduct, beliefs and opinions within Open Therapeutics. The message boards are designed to help you gain the information to conduct research. You are responsible for properly analyzing and verifying any information or data you choose to rely upon.
- Sharing Technologies
- Open Therapeutics’ License in Technologies
- As a User of the Services, you hereby grant to Open Therapeutics, the worldwide, royalty-free, fully paid, non-exclusive, perpetual, irrevocable, transferable, sublicenseable (as specified in this section 4.a) license and right, with respect to any Technologies that you Provide (defined below) by or through your use of the Services, to: i) utilize and adapt the Technologies in connection with the Site and the provision of Services; and ii) grant a license in the Technology to other Users under and in accordance with the Creative Commons Attribution-Non-Commercial License [CC BY-NC 4.0] (the “Creative Commons License”; as further described in section 4.b.i, below). The license granted to Open Therapeutics under this section 4.a survives your termination of your Account or the Services. You agree that this license includes a right for Open Therapeutics to make the subject Technologies available to other companies, organizations, or individuals with whom Open Therapeutics has relationships for the provision of services and to use such content in connection with the provision of those services. You understand that Open Therapeutics may (a) transmit or distribute the Technologies over various public networks and in various media; and (b) make such changes to the Technologies as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. Under the license granted by you to Open Therapeutics herein, we shall be free to use any ideas or concepts contained in any User Content as set forth herein without further attribution, compensation or notice to you. You agree that this license shall permit Open Therapeutics to take these actions.
- You represent and warrant that you have all rights to grant the above licenses to us and our users without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
- Non-Commercial Use.
- Open Therapeutics grants you a license to use the Technologies that are available and accessible through the Services, in accordance with the Creative Commons Attribution-Non-Commercial License [CC BY-NC 4.0] (the “Creative Commons License”), the terms and conditions of which are incorporated here by this reference. The Creative Commons License can be found at https://creativecommons.org/licenses/by/4.0/legalcode.
- Under the Creative Commons License, you are free to adapt and share the Technologies for noncommercial purposes, but if you do so you must: (1) give the respective Innovator (or Open Therapeutics, as the case may be) that Provided (defined below) the Technology appropriate credit, (2) provide a link to the source material on the Site, (3) provide a link to the Creative Commons License, and (4) indicate if changes were made to the Technology ((1)-(4) collectively, “Attribution”). Attribution allows others to correct errors and keep the Technologies current. You may give Attribution in any reasonable manner, but not in any way that suggests that the Innovator endorses you or your use. If you have any questions regarding Attribution, you can contact us at Support@OpenTherapeutics.net.
- In consideration of licenses and rights obtained under this section 4.b in any Technologies, you shall Provide to and through the Services, all further discoveries, developments, modifications, improvements, additions of content, and derivative works made by you or your agents (collectively, “Improvements”), to or using the Technologies. Improvements will be Provided to or through the Services as specified in these Terms, for others to work on them and make further improvements. In addition, you shall forbear filing patent applications directed to any Improvement or acquiring or asserting any proprietary rights or taking any action that is or would be in conflict with the rights being made available to other Users under the Creative Commons License as specified in these Terms.
- Commercial Use
- If you wish to use the Technologies in a manner that is primarily intended for or directed towards commercial advantage or monetary compensation (such use, “Commercial Use”), Open Therapeutics requires that you enter into a separate commercial license agreement. While we welcome commercial use of the Technologies, entering into a separate commercial license allows us to protect each Innovator’s and the community’s investment in the Technologies and to maintain the integrity of the Technologies.
- We are committed to building and developing the Technologies, and this includes helping various types of Adopters to access and use the Technologies for many purposes. Please contact us at Support@OpenTherapeutics.net for more information about Commercial Uses of our Technologies.
- Open Therapeutics’ License in Technologies
- Sharing Content
- Content. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, communications, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the avoidance of doubt, the term “Content” excludes “Technologies.” “Open Therapeutics Content” includes all Content except for the User Content.
- User Content.
- All Content Provided (defined below, in section 8.b) to or through the Services by users, including without limitation, Improvements to the Technologies (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations, including intellectual property laws.
- By Providing User Content to or through the Services, you do not transfer any right, title or interest to any of your User Content. You or your licensors retain all rights to your User Content (including Technologies), subject to these Terms of Service and any Additional Terms. By submitting User Content, you agree Open Therapeutics may use such Content in ways it deems necessary.
- Providing and Sharing Content.
- By Sharing any User Content, you represent and warrant that you may legally make such Content available to other users in a manner consistent with your Sharing of the User Content.
- By submitting any User Content through the Services, you hereby do and shall grant us a worldwide, unrestricted, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable, transferable and irrevocable license and right to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site and the provision of the Services, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites, feeds, and printed materials), and including after your termination of your Account or the Services. You agree that this license includes a right for Open Therapeutics to make such Content available to other companies, organizations, or individuals with whom Open Therapeutics has relationships for the provision of services and to use such content in connection with the provision of those services. You understand that Open Therapeutics may (a) transmit or distribute the Content over various public networks and in various media; and (b) make such changes to the Content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. Under the license granted by you to Open Therapeutics herein, we shall be free to use any ideas or concepts contained in any User Content as set forth herein without further attribution, compensation or notice to you. You agree that this license shall permit Open Therapeutics to take these actions.
- For all User Content, including any Improvements that you Share with such users, you also hereby grant each user of the Services a non-exclusive, perpetual license to access and display locally your User Content through the Site, Platform, and/or Services. For open source Technologies that you share with other users, you agree to allow users you have Shared such Technologies with to use such Technologies in a manner consistent with any Additional Terms you have attached to such Technologies. When a Technology is uploaded to the Services without Additional Terms or any other specifications or restrictions regarding use, you hereby agree to the designation of such Technology as being offered under the Creative Commons “CC BY” license. We strongly encourage that all content submitted for use through the Services be designated as “CC BY,” although we recognize that such a designation may not be possible for some cases. For more information about the CC BY license and other Creative Commons Licenses, please visit https://creativecommons.org/licenses.
- You represent and warrant that you have all rights to grant the above licenses to us and our users without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
- Using Content and Technologies.
- All Content, whether Open Therapeutics Content or User Content, shall only be used in accordance with these Terms and, if applicable, any Additional Terms. In the event of a conflict, inconsistency, or difference regarding the rights granted from Innovators to other users, the specific Additional Terms will control (for example, for Technologies licensed under a Creative Commons License, you will have the rights set forth in the applicable Creative Commons License).
- You acknowledge that all Technologies and Content, including User Content, accessed by you using the Services is at your own risk, and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Technologies or Content you access on or through the Services is or will continue to be lawful or accurate.
- Open Therapeutics does not control the Technologies provided by Users, or any other User Content. We reserve the right, but have no duty, to monitor Technologies and User Content. You may find some Content to be offensive, harmful, inaccurate, or deceptive, or may face the risk of interacting with individuals under false pretenses. By using the Services, you agree to accept such risks and that Open Therapeutics (and Open Therapeutics’ officers, directors, agents, subsidiaries, joint ventures, and employees) is not responsible for any and all acts or omissions of users. Please use caution and common sense when using the Services or any Technologies or Content obtained through the Services.
- Notices and Restrictions. Open Therapeutics Content may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Technologies or Content accessed through the Services.
- Use License. Open Therapeutics owns all rights, title, and interests in intellectual property rights in any contributions by its employees, any derivative works developed by Open Therapeutics and the compilations and collective works in the Technologies, including those works incorporating User-provided Technologies or User Content (but not rights to User Content by itself). Subject to these Terms of Service, we grant each User a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Open Therapeutics Content solely for purposes of using the Services, and further, to the extent of rights granted under CC License. Use, reproduction, modification, distribution or storage of any Open Therapeutics Content for other than purposes of using the Services, or any use beyond the scope of rights granted under the CC License, is expressly prohibited without prior written permission from us.
- Availability of Content and Technologies. We do not guarantee that any Content or Technologies will be made available through the Services. We reserve the right to, but do not have any obligation to: (i) remove, edit or modify any Technologies or Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Technologies or Content or if we are concerned that you may have violated these Terms), or for no reason at all; and (ii) to remove or block any Technologies or Content from the Services. You agree that we have no responsibility or liability for the deletion or failure to store any Technologies or Content and/or other material or data maintained or transmitted on or through this Website. You agree that we have no duty to preserve any Technologies or Content, including your posts and communications.
- Intellectual Property
- By accepting these Terms, you acknowledge and agree that all Technologies and Content presented or available on this Site is or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and all such Technologies and Content remain the sole property of the Open Therapeutics community, which Open Therapeutics has the sole right to host and curate, and/or its Affiliates, and/or the owner or source of the respective Content (each a “Content Provider”). You are only permitted to use the Content as expressly authorized by the specific Content Provider.
- Open Therapeutics retains all right, title and interest in and to the Services, all software and technology incorporated therein, and all content made available to you through the Services (other than User Content (as defined above), or Technologies provided by Users). The design of the Site and all text, graphics, information, content, product design, and other material displayed on or that can be downloaded from the Site belongs to us. The Open Therapeutics name and logo displayed on the Site (the “Open Therapeutics IP”) are Open Therapeutics’ sole and exclusive property. Except as expressly set forth in these Terms of Service, you have no right in or to the Open Therapeutics IP. Other company or product names and logos used and displayed on the Site are trademarks of their respective owners. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Open Therapeutics IP or other trademarks displayed on the Site, without our written permission or the written permission of the owner of the trademark, as the case may be. Any unauthorized use of the Content, Open Therapeutics IP or the trademarks of others may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and is prohibited. In the event of a violation, we reserve the right to seek all remedies available at law and/or in equity.
- Fees
- Payment of Fees. In the event there are any charges associated with the Services, such as charges for Premium Services, we will use a third-party payment processor (the “Payment Processor”) to process the payments. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for error by the Payment Processor. When purchasing products or services on the Site through the Payment Processor, you agree to pay us all charges at the prices then in effect for any such items in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
- Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Account upon demand.
- Recurring charges are collected in advance of service. If, for any reason, your Payment Method refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the Premium Services and require you to pay the overdue amount by other means acceptable to us. If you terminate your subscription for Premium Services within three (3) days of your payment without having made extensive use of premium features during that subscription period, as determined by Open Therapeutics, and are not otherwise in violation of these Terms, you will be entitled to a refund of the most recently paid subscription.
- Other than the foregoing, fees will not be refunded for any reason, including without limitation imposition of account limitations or suspension, account termination, and/or service interruptions.
- Rules of Conduct
- As a condition of use, you promise not to use the Services in a manner that is not permitted by these Terms of Service. You are responsible for all of your activity in connection with the Services.
- You shall not (and shall not permit any third party to) either (1) take any action or (2) add, create, upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on, to or through the Services (all, collectively, “Provide,” in context-appropriate grammatical form), including without limitation any User Content, that:
- infringes any other person’s patent, trademark, trade secret, copyright, or other intellectual property right or right of publicity or privacy (see also our Digital Millennium Copyright Act Policy;
- violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- covers, obscures, blocks, or in any way interferes with any advertisements and/or safety features on the Site or the Services;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
- impersonates any person or entity, including any agents or employees of Open Therapeutics;
- interferes with another user’s use and enjoyment of the Services; or
- includes anyone’s identification documents or sensitive financial information.
- You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; (vii) access or use the Site or the Services to collect any market research for a competing business; or (viii) otherwise take any action in violation of our guidelines and policies.
- You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; or (ii) modify, translate, or otherwise create derivative works of any part of the Platform. You shall abide by all applicable local, state, national and international laws and regulations.
- We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.
- Special Rules and Message Deletions
The Open Therapeutics Administrators (collectively, “OT Admin”) reserve the right to disable and/or remove any board at any time. Scientific Community Leaders of specific communities and boards are allowed to immediately remove any post that falls into the following categories: Threat, Off-Topic, Vulgarity, Privacy Violation, Spam, Personal Attack, or Duplicate. Scientific Community Leaders of communities and boards in the Premium area of the Site are allowed to remove any post. Hidden/removed posts may be reviewed by OT Admin and either left removed or restored. We do reserve the right to intervene if we see blatant abuse of these features. Users have the ability to review their posts removed within the past two weeks. Should you have a post removed, and you object or desire an explanation, your sole recourse is to address this matter privately with an OT Admin as described on the “My Removed Posts” page. Discussion of post deletions and Leader/admin actions is not permitted on the message boards. No post can be removed by a Leader after a 48-hour period starting from the post’s timestamp. Scientific Community Leaders of premium boards have the ability to ban anybody from their board. Private Messages that you receive are not to be posted publicly unless you have prior permission from the author.
- Privacy
Open Therapeutics takes the privacy of our users very seriously. For more information about how we treat the information we collect from you, please view our privacy policy at https://opentherapeutics.net/en/legal/privacy-policy/. Additionally, as part of a transaction, you may obtain personal information, including email address and other identifying information, from another Open Therapeutics user. Without obtaining prior permission from the other user, this personal information shall only be used for communication related to Open Therapeutics or the course and/or institution through which you are connected to the other user. Open Therapeutics has not granted you a license to use the information for unsolicited messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Open Therapeutics user to your email or physical mail list.
- Third Party Services
The Services may permit you to link to other websites, services or resources on the Internet, and websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
- Termination
- We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your posting privileges and/or your account and may be referred to appropriate law enforcement authorities. If you wish to terminate your Account, you may do so by following the instructions through the Services or contacting us at Support@OpenTherapeutics.net.
- Upon termination or suspension of your account, regardless of the reasons therefore, your right to use the Site, and any Services available on the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content or Technologies Provided by Users, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and liability for any unpaid fees.
- Warranty Disclaimer
- We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
- which users gain access to the Services;
- what Content or Technologies you access via the Services; or
- how you may interpret or use the Content or any Technologies.
- You release us from all liability for you having acquired or not acquired Content or Technologies through the Services. We make no representations concerning any Content or Technologies contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material, Technologies, or Content contained in or accessed through the Services.
- By Providing Content or Technologies on or through the Open Therapeutics Platform, it is possible for an outside website or third party to re-post that Content or those Technologies. You agree to hold Open Therapeutics harmless for any dispute concerning this use.
- THE SERVICES, TECHNOLOGIES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE FUNCTIONALITY OR USEFULNESS OF CONTENT AND TECHNOLOGIES, THE IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
- We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
- Indemnification
Except to the extent prohibited by applicable statutory law, you shall defend, indemnify, and hold harmless us, our Affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, Technologies, or otherwise from your User Content or Technologies Provided by you, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPEN THERAPEUTICS, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OPEN THERAPEUTICS OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED TO: (A) THE USE OR THE INABILITY TO USE THE WEBSITE (OR ANY HYPERLINKS), ENTER OR PARTICIPATE IN ANY ONLINE CONTESTS, PARTICIPATE IN ANY BULLETIN BOARDS, CHAT ROOMS OR OTHER DISCUSSION AREAS, OR USE ANY OTHER CONTENT OR SERVICES, INCLUDING, BUT NOT LIMITED TO, WHETHER THE CONTENT, TECHNOLOGIES, OR SERVICES ARE ERROR-FREE, ACCURATE AND/OR CURRENT; (B) 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 WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS, CONDUCT, OPINIONS OR ADVICE OF ANY USER OR OTHER THIRD PARTY ON THE WEBSITE; OR (E) ANY OTHER MATTER RELATING TO EITHER THE WEBSITE SPECIFICALLY (INCLUDING ITS CONTENT, OR ANY TECHNOLOGIES PROVIDED THEREBY OR THERETHROUGH, INFORMATION, SERVICES, AND ADMINISTRATION) OR THE INTERNET GENERALLY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Ohio, excluding its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Hamilton County, Ohio.
- Modification
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
- Miscellaneous
- Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
- Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
- Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
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Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
- All notices sent to Open Therapeutics shall be sent to the attention of Customer Service either: via U.S. Mail to PO Box 30085, Cincinnati, OH, 45230 USA; or via fax to +1.206.666.4856; or via email at Legal@OpenTherapeutics.net.
- All notices sent to you shall be sent either: via Private Message and/or to the email address supplied for your account; or via Broadcast through the Site (for example, with respect to changes to the Site or other matters of importance). You agree that notification to you via either of the methods outlined above shall constitute adequate notice pursuant to these Terms.
- No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
- Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
Effective Date of Terms of Service: November 7th, 2017
Copyrighted Open Therapeutics (DMLP), http://www.dmlp.org, under Creative Commons Attribution-Noncommercial-ShareAlike 3.
Privacy Policy
OpenTherapeutics.net, Inc. (“Open Therapeutics”) is committed to protecting your privacy. We developed this Privacy Policy to share with you our information collection practices and the options you have when visiting http://OpenTherapeutics.net/privacy or using its applications or related services (hereinafter referred to as “the Website” or “the Site” or “OT”) via any client or application. This Privacy Policy is an online Privacy Policy and applies only to information collected from you through this Open Therapeutics’ Therapoid website (this “Website”).
This Privacy Policy does not apply to information that you furnish to us offline or in any other manner except through this Website.
Please note that other websites affiliated with OpenTherapeutics.net, Inc. may be governed by separate policies. If other Open Therapeutics’ websites do not have a privacy policy, this Privacy Policy shall govern such other Open Therapeutics owned and/or operated websites.
When visiting any of our other sites, please refer to its, of in the absence of, this Privacy Policy.
By using this Site, you are agreeing to accept the practices described in this Privacy Policy.
Open Therapeutics occasionally may update this Privacy Policy. When we do, we will revise the "updated" date at the top of the Privacy Policy. In the event that we make material changes to this Privacy Policy, we will notify you at our option either by placing a prominent notice on the home page of our Website or by sending you a notification directly. We encourage you to review this Privacy Policy periodically to stay fully informed about how we are protecting your personal information. Be advised that your continued use of this Website constitutes your agreement to this Privacy Policy and any updates.
As referenced throughout this Privacy Policy, the term “Personally Identifiable Information (Persona)” means any piece of information that potentially can be used to uniquely identify, contact, or locate a single person and that Open Therapeutics collects from you. Personally Identifiable Information (Persona) includes, without limitation, the following: username, password, first name, last name, address, e-mail address, phone number, birth date, credit card number, IP addresses, audio or video in which you are depicted or identifiable, etc.
Any Personally Identifiable Information (Persona) collected by Open Therapeutics will be safeguarded to protect against unauthorized access. Procedures are in place to secure any personal information provided to Open Therapeutics.
Open Therapeutics stores your personal information in a computer database on dedicated servers that allow only limited access. Open Therapeutics employs commercially reasonable efforts to protect this information from loss, misuse, and other unauthorized disclosure, alteration or destruction.
Who is Collecting Your Information
Open Therapeutics and its affiliates are the sole owners or custodians of the information collected; except as otherwise provided in this Privacy Policy, we will not sell, share or loan this information to any third party. However, we may use and share aggregated information that does not personally identify you with third parties in order to improve the Site for our Website users. You can always be assured the information we collect is used to provide a more personalized experience for our Website users. Such "site usage" and statistical information may be made public information at Open Therapeutics’ discretion.
Please note that we do not control all content served in conjunction with our Site. Open Therapeutics site may include content from other parties that may perform user activity tracking other than that described herein. In particular, some of our partners may use "cookies" in ways that we do not.
None of the required information and/or optional information collected on any form on this Website is used for other purposes than those stated on such form or in this Privacy Policy; however, as discussed below in more detail, Open Therapeutics may share information provided through the Website with third parties under contract with Open Therapeutics to assist in providing certain services or other features offered to our Website users. In the event that Open Therapeutics utilizes a third party to provide such services, our contract with the third party will include obligations upon the third party to keep all information obtained during such contract confidential and secure.
Who is Collected, and How Do We Use It
Although we may provide a mechanism for you to browse the public pages of our Website without registering or providing any Personally Identifiable Information (Persona) other than IP addresses, certain sections of our Site do include forms on which you may choose to supply personalized information that will enable you to make purchases online, access premium content or receive individualized services or features that we cannot offer anonymous users, and certain other pages of our Website can be accessed only by registered users.
You can always choose not to provide information; however, if you do choose not to provide such information, you may not be able to make purchases via the Site, access certain areas of the Website, obtain premium content, or take advantage of certain other Website features.
Except as necessary to facilitate or fulfill any aspect of any services, products or features that you purchase, request, register for or subscribe to via the Website, or as otherwise set forth in this Privacy Policy, we will not intentionally sell, lease, share or exchange your Personally Identifiable Information (Persona) with any third party.
To access pages requiring registration, you will be required to create a User Account by completing the registration form and creating or supplying a User ID, alias and password. If you create a User Account, Open Therapeutics collects certain Personally Identifiable Information (Persona) when you register, including your username, alias, password, first name, last name, and e-mail address.
If you register for premium services, such as Open Therapeutics’ message boards, PRO services, or OT's data/analytics, or you wish to gift a subscription to another person, a credit card number as well as contact for a third party recipient, if applicable, will be collected.
It is optional for you to decide whether to provide additional information beyond these items. Credit card information is never stored on or by Open Therapeutics. It is processed entirely by a third-party processor via secure transaction.
Special Notification with respect to Children's Privacy (Users under the age of 13)
In response to concerns about protecting children's privacy online, Congress enacted the Children's Online Privacy Protection Act of 1998 ("COPPA"), which sets forth rules and procedures governing the ways in which Web sites may collect, use and disclose any personal information for children under the age of 13. Open Therapeutics does not target children under the age of 13 and does not offer or knowingly sell any of its products or services to children. Moreover, Open Therapeutics DOES NOT:
- Request or knowingly collect personally identifiable online or offline contact information from users under 13 years of age;
- Knowingly use or share personal information from users under 13 years of age with third parties;
- Give children the ability to publicly post or otherwise distribute personally identifiable contact information;
- Entice children with the prospect of a special game, prize or other activity to divulge more information than is needed to participate in the activity.
The following are categories of pages on the Website where we collect Personally Identifiable Information (Persona) about you.
Alerts & Notices
Our Website offers features that allow you to receive electronic alerts, such as Open Therapeutics service announcements, commercial and special offers, epidemiology and clinically related information, notices about updates to our Website, other promotional announcements, new products and services, and other information. When you sign up for such electronic alerts or notices, we will collect certain Personally Identifiable Information (Persona), which may include without limitation your name, mobile number (if you opt in to receive text alerts), e-mail address and other basic contact information. As noted, we will send you occasional updates about the site, various market update information from us and our parent company, OT, and select advertising via email. In any such email you will have an "opt-out" link you can use to remove yourself from the lists for any and all specific types of emails we may send. We send the emails ourselves and do NOT give or sell your email address to marketers or anyone else.
Personally Identifiable Information.
Provided optionally (“Opt-in”) by the User, such information is used to build a Persona. The Persona is a rapid identification system that enables Users to rapidly identify professional characteristics (publications, grants, educational level, languages spoken/written, geography, etc.). Open Therapeutics reserves the right to modify the Persona while maintaining the Opt-in information provided at the discretion of the User.
Newsletters and Other Subscriptions.
Various pages on our Website include forms that permit you to subscribe to newsletters, journals, or other subscriptions. When you register to receive newsletters or other subscriptions, we will collect certain Personally Identifiable Information (Persona), which may include without limitation your name, address, phone number, e-mail address, confirmation of age and other basic contact information.
Online Purchases/Premium Content
If you order products or subscribe to premium content via our Website, we will collect Personally Identifiable Information (Persona), which may include without limitation, name, address, phone number, e-mail address, and shipping and other contact information for the recipient of the item (if different than yours), your name and account number (if applicable) as well as payment information, such as credit card number, billing address, expiration date and other billing information.
Surveys and Other Voluntary Demographic Information
In addition to the above information, certain forms on various pages throughout our Site may ask users to voluntarily provide a limited amount of demographic information. In addition, Open Therapeutics or its affiliates may conduct online surveys that ask you for demographic data, such as your zip code, age or income level. Open Therapeutics or Open Therapeutics' agents may also contact you by e-mail, using your e-mail address collected when you filled out one of the forms on our Website, with the option to participate in consumer research studies. Providing such demographic information and participating in such surveys or other consumer research are always voluntary. Open Therapeutics aggregates the responses we receive before using the information to improve the products and services we offer. We do not link your individual responses to your personal information at any time. Open Therapeutics uses this information only for internal marketing research to help us better serve our users and customers.
Contests, Sweepstakes & Games
From time to time, Open Therapeutics may offer sweepstakes, contests or other games. If you participate in such promotions, Open Therapeutics may ask for some personal information, such as names, phone numbers, e-mail addresses, or other contact information, so that we can contact potential contest or sweepstakes winners. We will clearly post the rules and terms of each contest or sweepstakes. Please note that, from time to time, Open Therapeutics may retain third party vendors to administer such sweepstakes, games or contests and in such circumstances, those third parties will be required to collect your personal information in order to administer and fulfill the promotion, as well as to contact potential winners. Please review the Official Rules for such promotions carefully, as the personal information collected during these promotions may be subject to the privacy policies of these third party vendors as well as this Privacy Policy. In that event, the Official Rules will refer you to the privacy policy of the third party vendors. Please review those privacy policies as well, because Open Therapeutics does not have control over the treatment of personal information by such third party vendors.
Marketing, Promotional or Other Transactional Communications
As noted above, if you have opted in to receive marketing, promotional or other informational communications from or on behalf of Open Therapeutics, we may use your e-mail address from time to time to contact you to announce new features, products or services that may be available in our stores or on our Website or to send news and information regarding Open Therapeutics or its products or services. You can opt out of receiving these promotional communications at any time by following the instructions in the e-mail.
We may also use your e-mail address to contact you to verify and/or update any information related to services, features or transactions that you have requested via our Website. Although you may opt out of the promotional e-mails as noted above, you should be aware that, that as long as you use our products and services or otherwise maintain a business relationship with us, however, you may not opt out of receiving communications from us relating specifically to those products and services or that business relationship.
Private Message and other Contact Pages
You may also provide Personally Identifiable Information (Persona) to us when you voluntarily communicate with us, such as by requesting information via e-mail, utilizing the private message features on the Website, or otherwise contacting us electronically. We may retain such Personally Identifiable Information (Persona) for use and disclosure consistent with this Privacy Policy.
Change in Ownership or Business Transfers
As we continue to develop our business, we might sell or buy assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that Open Therapeutics or substantially all of its assets are acquired, customer information, including Personally Identifiable Information (Persona), will of course be one of the transferred assets to the extent permissible under law.
Other Information
We collect additional information about how you use and access our Website to analyze trends, administer our Website, track user’s navigation on the Site and gather broad demographic information for aggregate use, which enables us to improve the Site by making it more accessible and easier to navigate. For example, we may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your computer), your computer’s name, the type and version of your web browser, referrer addresses and other generally-accepted log information. IP addresses may be linked to other Personally Identifiable Information (Persona). We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Website is being used.
Cookies
By use of this Website, you consent to our use of cookies. A "cookie" is a piece of data stored on your computer, or accessed by your computer, containing information about you and your user environment to improve your experience within OT. Cookies do not contain any registration information that would personally identify you, as all such data is kept behind our firewall. Cookies do not allow us to track your usage of other Websites or the Internet in general. In addition, when registered users visit our Website and log-in using their passwords, our Website uses "persistent cookies" and/or "session cookies." Cookies are a form of technology that a server exchanges with your browser when you access our Website or a section of the Website, Cookies allow you to navigate our Website without being required to enter your password more than once during your visit to our Website. When logging in to the Website, checking the "Remember me" box will result in a persistent cookie; unchecking it will result in a session cookie being used instead. Most web browsers are set to accept cookies by default, though you can manually disable the cookies feature of your browser. You should review the online documentation relating to your browser or consult with the provider of your browser for instructions on how to disable cookies. Please note that if you disable cookies on your computer, some parts of the Website may not function properly or offer you the same degree of personalization. Some generalized information about cookie technology can be found at allaboutcookies.org.
Referrers
A “referrer” is the information passed along by a web browser that references the web URL you linked from and is automatically collected by our Web server. We may collect and use this information to understand the Websites referring traffic to our Website and to present appropriate content to our potential users. We may tabulate referrer information on an aggregate basis to identify trends and traffic patterns. Open Therapeutics may share aggregated demographic information with our partners. This is not linked to any personal information that identifies any individual person. Open Therapeutics may use your profile information to create personalized content, offers, and services, but this information will only be used by Open Therapeutics and its affiliates.
Other Disclosure
Open Therapeutics and its affiliates may disclose any or all of your Personally Identifiable Information (Persona) if we are required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the law or comply with legal process served on us (for example, under a subpoena, court order or other regulatory requirement or to maintain or protect the security of the Website); (b) protect and/or defend our rights or property or other legal interests or of any Website user; or (c) act in urgent circumstances to protect the safety of the public or other users of the Website. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. From time to time we receive requests to disclose the identities of our users. As noted above, we do not disclose the identities of our users unless we are legally required to do so. However, you should be aware that the identifying information specific to your use of Open Therapeutics, including your IP address, name, and email address will be delivered when requested by a legal subpoena, subject to the following:
If a governmental agency (for example, the Securities and Exchange Commission, law enforcement agencies, United States Attorneys' offices or similar governmental agencies) sends us a subpoena, we will comply with it. If we receive a subpoena by a third party that is not a governmental agency (for example, a subpoena in connection with civil litigation), we will attempt to contact the user whose identity has been requested using the contact information the user provided during the registration process including by email and/or a message sent to your Open Therapeutics account so that you may seek to prevent our delivery of this information or quash the subpoena. We will wait 10 days after notifying the user before complying with the subpoena by disclosing the identity of the user, unless the subpoena requires us to disclose this information before then. If we cannot wait 10 days because of the deadline in the subpoena, we will advise the user of the deadline included in the subpoena when we provide notice that we received it.
If you are a paying subscriber to Open Therapeutics, you are able to send and receive private messages using our database system. Our policy is that we will not deliver the contents of private messages to anyone, even when demanded via subpoena. As a user of Open Therapeutics, however, you should understand that this is no guarantee that we won't someday be forced by a court to deliver this information. It hasn't happened yet, but please be advised that it is possible. For more information on our policies for handling subpoenas, please visit our Subpoena Policy
Use of Third Parties or Agents by Open Therapeutics
As noted earlier, Open Therapeutics may employ third parties or other companies to perform functions on our behalf, such as processing and fulfilling online orders or requests, such as online purchases or other transactions via the Website, processing credit card payments, shipping or delivering packages, providing customer service, sending print and electronic mail, removing repetitive information from customer and e-mail lists, maintaining and analyzing information collected and/or stored via the Website, hosting sites from this Website, measuring the effectiveness of promotions and e-mails, performing analyses of users’ activities on http://OpenTherapeutics.net, serving images, videos, audio, manuscripts, and other scientific and market information via our Website, and fulfilling other functions necessary to our business.
Open Therapeutics also may use third party vendors or other companies to assist in providing certain services, products and communications to you, such as delivering newsletters, alerts and other communications to those Website users who have opted in to receive them. In the event that we utilize third party vendors or companies to provide any of the services described above or similar services, we may need to share your Personally Identifiable Information (Persona) with them to enable those companies to perform their obligations. However, we will provide these companies only with that information necessary to perform their functions on our behalf, and we will not authorize them to use your Personally Identifiable Information (Persona) for any other purpose. In such event, these companies are required to agree, in writing, that they will abide by the privacy statement and privacy standards implemented herein, including the relevant confidentiality and security provisions.
Third Party Advertising/Cookies
We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here. In addition, in the course of serving advertisements to this site, our third-party advertisers may place or recognize a unique “cookie” on your browser.
Security
You should be aware that there is an inherent risk in transmitting any data electronically. This risk is inherent in all Internet dealings. Consequently, we cannot guarantee that any Personally Identifiable Information (Persona) transmitted will be prevented from being viewed or used by any particular person and therefore, you agree to hold us harmless from and against any injury, financial or otherwise, that results from such unauthorized viewing or use. Moreover, e-mails sent to us over the Internet are susceptible to detection, decryption, eavesdropping or tampering. Thus, you agree to hold us harmless from and against any harm, financial or otherwise, that results from such detection, decryption, eavesdropping or tampering of e-mails.
In addition, you must take steps to maintain the security of your private information by keeping your password and other personal information confidential. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
Updating Your Information
Open Therapeutics will always permit you to decline -- or “opt-out of” -- certain mailings and other materials we may offer. You may opt-out of further communications at any time by following the instructions in the e-mail that you receive. If you do not want to receive e-mail from us, your most immediate recourse is to update your preferences on this page by entering the e-mail address that is receiving the e-mail, checking/unchecking the appropriate selections and then clicking the Update button at the bottom of the page. Alternatively, you may file Support Request, contact us via e-mail at support@OpenTherapeutics.org, or write to us with your request, at the mailing address as follows: OpenTherapeutics.org, PO Box 30085, Cincinnati, OH 45230 USA
Links
Our Site may contain links to other sites. Please be aware that Open Therapeutics is not responsible for the privacy policies of other sites. We encourage our Website users to be aware when they leave our Website and to read the privacy statements of each and every Website that collects Personally Identifiable Information (Persona). This Privacy Policy applies solely to the information collected by our Website.
European Union General Data Protection Regulation (GDPR) amendment to this Privacy Policy statement
We respect your privacy and desire to understand how your information is used and so to keep in pace with new data protection law known as the European Union's (EUs) General Data Protection Regulation (GDPR), taking effect from 25 May 2018. We will be updating our Privacy Policy, Terms of Use of our Website and Terms of Service.
It is the policy of Open Therapeutics to protect and preserve the privacy of its users and customers, and the confidentiality of the information they provide, subject to conditions described below. To demonstrate our commitment to privacy we encourage all of our current and prospective users to read this Privacy Statement Amendment carefully before using the scientific crowdsourcing system.
This privacy statement discloses what information we gather, how we use it, and how to correct or change it. It is our intention to give you as much control as possible over your privacy in regard to your Information. Be assured that we will not disclose personal Information to third parties without your consent. By using our site, you agree to the terms of the Terms of Service (TO) and our Privacy Policy. Open Therapeutics reserves the right to expand and/or modify this Statement at any time.
- Security. Open Therapeutics is committed to providing the highest level of security and privacy. All transactions of user authentication are conducted using Secure Socket Layer (SSL) technology, supported by most browsers, which encrypts all information that is sent to us. Our security certificate has been verified using the best commercially available encryption on the Internet. We take every precaution to protect personal information from loss, misuse, unauthorized access, disclosure, alteration or destruction by implementing policies and procedures to ensure that personal information is kept only for the purposes for which it has been gathered.
- Information. We take measures to ensure that the information you provide is recorded accurately and completely. We provide you with access to your personal information at all times for correcting or modifying that information where appropriate.
Information Collected from/about Users is used exclusively for the purpose of providing better service. It is never released to third parties except when expressly permitted by the User. Any information you provide is completely confidential and will be protected from unauthorized use.
Cookies. Open Therapeutics uses cookies to recognize our clients when they visit our site. That allows us to customize their experience on our web site. You may need to have cookies "turned on" or enabled in the browser you use in order to register. But if you choose to disable cookies you still will be able to navigate the site. Cookies do not store any personal information. All the information is entirely confidential and is never sold or seen outside of the company. Open Therapeutics may display links or advertisement of /to other sites and companies that may also use cookies. In such cases, Open Therapeutics cannot be held responsible for any and all information that these parties collect through the use of cookies. You are hereby advised to familiarize yourself with privacy policies and information sharing standards of these sites as they may be different from Open Therapeutics' policies and standards.
System information. Open Therapeutics reserves the right to collect and store such information as IP address, browser type or operating system type. All the information is highly confidential and will be used exclusively for system administration purposes. This information helps diagnose problems, monitor traffic and site usage.
Email. Open Therapeutics uses email to notify our Users, members, or clients about changes in the status of their message board entries, changes in the database, on our web site, or when new services or features are added. As part of the service, Open Therapeutics may send emails notifications whenever there are special features or new features. Our email list is confidential and is never sold or given to third parties.
Change or Modify Your Information. You can change or modify your profile at any time by using your customer ID (login) and password. This approach guaranties safety of your information. Please immediately report any unauthorized use of your customer ID (login) / password or computer equipment. Open Therapeutics is not responsible for any damage, loss or change of information resulting from an unauthorized use of your customer ID (login) /password or computer equipment.
Disclaimer. Communication over the Internet as well as applications used to provide services over the Internet are subject to various security risks. In no event shall Open Therapeutics be responsible for any damages or losses whatsoever, direct or indirect, incidental or consequential, special or punitive, arising from or relating to the unauthorized use, change, deletion or exposure of any information, confidential or not, resulting from unauthorized breaking into the system or any other breach of security, or system failure. Open Therapeutics hereby disclaims all warranties with regard to the hardware and software used to provide security and support this web site including all implied warranties, fitness for a particular purpose and incidental, special, direct or consequential damages. Accordingly, Open Therapeutics, its officers and employees, partners, affiliates, subsidiaries, successors and assigns, and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any inaccuracies, misuse, errors, third party interceptions, viruses, or hacker attacks resulting in loss of data or services including, but not limited to errors or interruptions in the transmission or delivery of services. Open Therapeutics contains links to other sites. These links are provided exclusively for information purposes and to assist in locating other Internet resources. Therefore, we are not responsible for the privacy practices or the content of such web sites.
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Summary. By accessing this site and using its services, you unconditionally agree with the terms of this Privacy Statement and our Terms & Conditions. You agree to comply with the terms that govern the use of this site and its services and that also govern all information provided by you and other users of Open Therapeutics. If you do not agree to all or any of the terms of this Privacy Statement, please do not use this site.
Questions about Our Privacy Policy If you choose to visit our Website, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Service, including limitations on damages and application of the law of the state of Ohio. Please let us know if you have any questions about our Privacy Policy. Simply send us an e-mail to Legal@OpenTherapeutics.org.