Last revised: September 29, 2011.
1. Ownership Of The Site
All pages within this Site and any material made available for download are the sole and exclusive property of Molecular Devices, LLC. ("MD" or the "Company"). The Site is protected by United States and international copyright and trademark law. While certain content on the Site is intended to be available for your download and use, the contents of the Site, including without limitation any protocols, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (collectively, the "Content") may not be copied, distributed, modified, reproduced, published or used, in whole or in part, unless in conformance with these Terms. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of the Company without our express written consent.
2. Accuracy and Integrity of Information
Although MD attempts to ensure the integrity and accurateness of the Site, we make no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon, especially with regard to Content that has been submitted or uploaded by users. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform us so that the inaccuracy can be corrected. Any information contained on the Site may be changed or updated without notice. Additionally, the Company has no responsibility or liability for information or Content posted by any user of or visitor to the Site.
3. Access to Site
4. Submissions / Uploads to the Site
MD shall have the irrevocable license and right to use Submissions for its legitimate business purposes including making such Submissions available on the Site to other users for their use without any further authorization from or attribution to You. You are responsible for making sure all Submissions that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption or interruption. You agree to defend, indemnify and hold the Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by Company arising out of any Submissions you post or allow to posted to the Site.
If you choose to download and use or redistribute protocols or any other available Submissions, you are not obliged to obtain further permission from the Site or to provide attribution to either the original submitter or to the Site. Your use of any Submissions, though, is subject to these Terms.
5. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
The Company respects the intellectual property rights of others and expects the SiteÕs users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to the CompanyÕs Designated Copyright Agent (as identified below).
Notices of Alleged Infringement for Content Made Available Through the Company Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice ("Notice") complying with the following requirements:
1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:
Attn: Legal Department
Molecular Devices, LLC.
1311 Orleans Drive
Sunnyvale, CA 94089
A poster of allegedly infringing material may make a counter notice pursuant to the DMCA (a "Counter Notice"). When the Company receives a Counter Notice, it may reinstate the material in question. To provide a Counter Notice to us, please provide the following information to our Designated Copyright Agent.
1. Identification of the material that has been removed or to which access has been disabled on the Site and the location at which the material appeared before it was removed or access to it was disabled.
2. A statement as follows: "I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
3. Your name, address, telephone number and, if available, email address.
4. A statement as follows: "I hereby consent to the jurisdiction in the state or federal courts located in Santa Clara County, California, and I will accept service of process from the complaining party who notified us of the alleged infringement or an agent of such person."
5. Provide your full legal name and your electronic or physical signature.
The Counter Notice should be delivered to the address above.
6. Disclaimer of Warranties
THE COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED THEREIN OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. THE COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. THE COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.
7. Limitation of Liability Regarding Use of Site
THE COMPANY AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
8. Links to Other Sites
The Company makes no representations whatsoever about any other third party websites that you may access through this Site. When you access any non-Company site, please understand that it is independent from the Company, and that Company has no control over the Content on that website. In addition, a hyperlink to a non-Company website does not mean that the Company endorses or accepts any responsibility for the Content or the use of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
9. Revisions; General