TERMS OF USE
THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME (“TERMS”), FORM A BINDING CONTRACT BETWEEN “BIOENOTES. COM” OR “WE” AND “YOU.” BEFORE USING THE BIOENOTES.COM WEBSITE (THE “SITE”) OR ANY SOFTWARE, FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE BIOENOTES.COM, YOU MUST READ AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY AND ANY OTHER APPLICABLE RULES OR REGULATIONS APPEARING ON THIS SITE (COLLECTIVELY, THE “SERVICE”). BY USING THE SERVICE, YOU AGREE TO THESE TERMS. DO NOT USE THE SERVICE IF YOU DO NOT AGREE WITH THESE TERMS.
DESCRIPTION OF SERVICE; MINIMUM AGE REQUIREMENT
Description of Service.
Bioenotes.com is a popular place for biology enthusiasts of all types to find information on plants and animals. You and other users of the Service have access to detailed and updated information about plant and animal of every sort.
Age Requirement.
You must be at least 14 years old to use the Service.
MODIFICATIONS TO TERMS
Bioenotes.com reserves the right to modify these Terms, including the Privacy Policy and any other agreement incorporated by reference into these Terms, at any time. Any material change in the Terms will be communicated to you by posting a notice on the Site. If you continue to use the Service 30 days after we notify you of a change in the Terms, you will be deemed to have agreed to be bound by the amended Terms.
It is your responsibility to stay informed. We strongly advise you to return at least once a month to review these Terms and Conditions.
MODIFICATIONS TO SERVICE.
We reserve the right to modify or discontinue, and restrict or block access to, the Service without notice to you.
CONTENT PROTECTED BY INTELLECTUAL PROPERTY RIGHTS.
Any content available through the Service, including text, software, text, audio, video, pictures, graphics, images, likenesses, personal information and other works of authorship (collectively, “Content”) is protected by the intellectual property rights of Bioenotes.com or its licensors.
USER SUBMISSIONS.
When you submit ideas, questions suggestions, documents, or proposals (collectively, “Submissions”) to Bioenotes.com through our email address info@bioenotes.com, you represent, warrant, and agree that:
(a) your Submissions excludes confidential or proprietary information;
(b) if we so choose, Bioenotes.com may use and disclose your Submissions in any way; and
(c) Bioenotes.com do not or has no obligation to pay or reimburse you for your Submissions or our use of your Submissions.
PROHIBITED CONTENT.
You must not publish to the Service any Content that, in Bioenotes.com’s reasonable opinion, is or appears to be the following:
Software viruses or any other computer code, files, or programmes designed to disrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; or
any applicable local, state, national, or international law, regulation, or statute (including export laws).
PROHIBITED CONDUCT.
You must not do or attempt to do any of the following, as determined by Bioenotes.com in its sole discretion and subject to applicable law:
access or use the Service in any way that violates or fails to comply with any applicable local, state, national, or international law, regulation, or statute (including export laws), contracts, intellectual property rights, or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or otherwise than in full compliance with these Terms;
access, tamper with, or use Services or areas of the Service to which you are not authorised;
modify information on or obtained from the Service;
tamper with Bioenotes.com or Bioenotes.com’s licensors’ Content;
use any robot, spider, scraper, or other automated means or interface that we do not provide to access the Service, extract data, or gather or use information
Except as expressly permitted in writing by Botany.com, you may not frame any part of the Service or link to the Service, or otherwise make it appear that you have a relationship with us or that we have endorsed you or your Content.
impersonate or misrepresent your affiliation with anyone or anything;
reverse engineer any licenced software, application, games, or any other aspect of the Service, or do anything that could lead to the discovery of source code, or bypass or circumvent any measures used to prevent or limit access to any area, content, or code of the Service;
send to us or the Service (or anything or anyone else) harmful, illegal, deceptive, or disruptive code such as a virus, “spyware,” “adware,” or other code that could harm the Service or any recipient; or
take any action that may impose a significant burden (as determined by us) on the Service’s infrastructure or computer systems, or interfere with the Service’s normal operation.
Reservation of Rights.
Bioenotes.com reserves all rights in the Content, including any software, on its own and on behalf of its licensors. Bioenotes.com does not grant you any additional rights. You may not reproduce, distribute, modify, publicly perform or display, or create derivative works of any Content, including software, without the prior written permission of Bioenotes.com or other third-party owners of the rights to that Content (if any).
PRIVACY POLICY.
Please see our Privacy Policy. Our Privacy Policy is part of and incorporated into these Terms. We reserve the right to contact you about these Terms or any Content or activities relating to the Service.
DEALINGS WITH MERCHANTS; LINKS
Advertisements and Links.
The Site may contain advertisements, offers, or other links to third-party websites and resources over which we have no control. Third-party advertisements and other information may not be entirely accurate. Bioenotes.com accepts no responsibility or liability for I the availability or accuracy of such sites or advertisements; or (ii) the content, products, or services available from such sites. The presence of a link on the Service does not imply that we endorse the site to which it is linked. You use the links entirely at your own risk. The Privacy Policy of Bioenotes.com applies only when you are on our Site. If you choose to link to another website, its privacy statement applies to any personal information you provide.
Transactions with Third Parties.
Transactions and other dealings with third-party merchants or advertisers found on or through the Service, such as “click to purchase,” “co-registration,” and other similar programmes, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
DISCLAIMER OF WARRANTIES.
BIOENOTES.COM PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIOENOTES.COM MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, SOFTWARE, OR CONTENT INCLUDED IN THE SERVICE. BOTANY.COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOTANY.COM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SERVICE. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
COPYRIGHT INFRINGEMENT/DMCA.
Bioenotes.com respects the intellectual property rights of others. If you believe that your work is being used on the Service in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
identification of the copyrighted work that you claim has been infringed;
identification of the material that is claimed to be infringing and information reasonably sufficient to permit Botany.com to locate the material (for example, by providing a URL to the material);
your name, address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
CUSTOMER SUPPORT. We have no obligation to provide you with customer support of any kind.
NOTICES AND CONTACT INFORMATION. Except as otherwise provided in these Terms, Bioenotes.com will give you any notices by posting them on the Site. Since notice of any material change to the Terms will be posted to the Site for at least 30 days, we encourage you to visit the Site at least that often. You also authorize Bioenotes.com to send you notices (including notice of subpoenas or other legal processes, if any) via electronic mail. You must check the Site for notices, and you will be considered to have received a notice when it is made available to you by posting on the Site or when sent by Bioenotes.com via electronic mail, whether or not received by you. Bioenotes.com may provide notice to any email or other address that you provide to us.
ADDITIONAL TERMS
Agreement to Conduct Transactions Electronically. All of your transactions with or through the Service may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
Compliance with Laws. You are responsible for compliance with applicable local laws. Access to the Service Content by certain persons or in certain countries may not be legal.
No Agency; No Third-Party Beneficiary.
These Terms do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third-party beneficiaries of these Terms.
Assignment.
These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Bioenotes.com. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Botany.com will be null and void. Bioenotes.com has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
Entire Agreement.
These Terms (including terms incorporated into them, e.g., the Privacy Policy) and any policies and guidelines posted to the Service by Bioenotes.com comprise the entire agreement (the “Entire Agreement”) between you and Bioenotes.com concerning the use of the Service and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly outlined in the Entire Agreement.
No Waiver.
The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act concerning subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
FURTHER INFORMATION
If you have a complaint, you may contact us using our Contact Us Form