PUBLICPRIORART.ORG

WEB SITE TERMS AND CONDITIONS

 

Date of Last Revision:  June 9, 2014

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.  BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS, BROWSE, OR USE THIS WEB SITE.

 

These terms and conditions of use (Site Terms) apply to your access to, and use of, the Web sites, products or services (collectively, the "Services") of PublicPriorArt.org ("PublicPriorArt.org, "we," or "us"), located at www.publicpriorart.org (the "Site"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with PublicPriorArt.org, or its subsidiaries or affiliates, for products, services or otherwise.  If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and PublicPriorArt.org for violations of these Site Terms.

 

PublicPriorArt.org reserves the right to change or modify these Site Terms at any time and in our sole discretion.  If PublicPriorArt.org makes changes to these Terms, we will provide you with notice of such changes, such as by proving notice through the Website or updating the "Last Updated" date at the top of these Terms.  Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of the revised Terms.    Therefore, you should frequently review the Site Terms to understand the terms and conditions that apply to your use of the Site.  If you do not agree to the amended terms, you must stop using the Site.

 

 

1.     About PublicPriorArt.org and Patents

 

PublicPriorArt.org is a not-for-profit website dedicated to helping the world access publicly available prior art to help improve the quality of patents.  This Site contains scientific literature, research papers, and other non-patent-literature (NPL) that can be used to improve patent quality by finding prior art quickly. The Site provides publicly available public prior art documents and allows the public to submit and add documents to be publicly indexed for future research.

 

PublicPriorArt.org provides publicly available prior art on an as-is basis for your informational purposes only and does not constitute legal advice regarding patents or patent infringement, which is governed by a complex array of federal, state and international law.  You should seek an expert if you have legal questions or concerns regarding patents or patent infringement.     

2.     Copyright and Limited License

Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the Site logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of PublicPriorArt.org or its licensors or users and are protected by U.S. and international copyright laws. 

 

PublicPriorArt.org grants you a limited, non-exclusive, non-sublicensable license to access and use the Site and Site Materials for your informational and prior art use only.  Such license is subject to these Site Terms and does not include: (a) any resale use of the Site or the Site Materials therein; (b) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (c) any use of the Site or the Site Materials other than for its intended purpose.  Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of PublicPriorArt.org, is strictly prohibited and will terminate the license granted herein.  Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.  This license is revocable at any time.

 

3.     Copyright Complaints and PublicPriorArt.org DMCA Policy 

 

PublicPriorArt.org respects the intellectual property rights of others and expects its users to do the same.  In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, the Site and/or PublicPriorArt.org will respond expeditiously to claims of copyright infringement committed on or using the Services if such claims are reported to our Designated Copyright Agent. 

 

If you believe that anything on the Site infringes upon any copyright that you own or control, you may file a notification ("Notice") of such infringement with our Designated Agent as set forth below.

 

Attn: DMCA Agent

Address: 3900 N. Capital of Texas Hwy., Suite 175, Austin, TX 78746

Telephone: 512-306-8688

Fax: 866-827-4105

E-Mail: dmca@publicpriorart.org

 

Upon receipt of your Notice as described below, we will take whatever action we deem appropriate, in our sole discretion, including removal of the challenged content from the Site: 

Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed;

       Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found;

       Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

       Include both of the following statements in the body of the Notice:

o 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).

o 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.

       Provide your full legal name and your electronic or physical signature.

 

Please see 17 U.S.C. 512(c)(3) for the requirements of a proper notification.  You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

 

4.     Trademarks

PublicPriorArt.org logos and any other Site product or service name or slogan contained in the Site are our trademarks, and may not be copied, imitated or used, in whole or in part, without the prior written permission of PublicPriorArt.org or the applicable trademark holder.  You may not use any metatags or any other "hidden text" utilizing "PublicPriorArt.org" or any other name, trademark or product or service name of PublicPriorArt.org without our prior written permission.  In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of PublicPriorArt.org and may not be copied, imitated or used, in whole or in part, without our prior written permission.  All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.  Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

 

5.     Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray PublicPriorArt.org or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.  This limited right may be revoked at any time.  You may not use our logo or other proprietary graphic of PublicPriorArt.org to link to this Site without our express written permission.  Further, you may not use, frame or utilize framing techniques to enclose any PublicPriorArt.org trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without our express written consent.  Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of PublicPriorArt.org or any third party.

 

PublicPriorArt.org makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site.  Such sites are not under our control and PublicPriorArt.org is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.  PublicPriorArt.org provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein.  When you leave the Site, you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

6.     Third Party Content

PublicPriorArt.org may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively, the "Third Party Content") as a service to those interested in this information.  PublicPriorArt.org does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness.  You acknowledge and agree that PublicPriorArt.org is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content.  Users use such Third Party Content contained therein at their own risk.

 

7.     User Content and Conduct

 

The Site allows users to submit, transmit, or add documents, including PDFs, to be publicly indexed for future prior art research (collectively, "User Content").  You understand that your User Content is viewable by others.  You agree that you are solely responsible for your User Content and for your submission of such information, and that you use them at your own risk. 

 

By using the Services, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

 

       User Content that is untruthful, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

 

       User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

 

       User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.  By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;

 

       User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;

 

       User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; 

 

       User Content that references or depicts brands, products or services to which you have a material connection (such as if you are an employee, paid blogger or recipient of free products or services) but that does not contain a clear disclosure of your material connection to such brands, products or services.  At PublicPriorArt.org's request, you agree to provide any supporting information or documentation related to your User Content;

 

       Unsolicited promotions, political campaigning, advertising or solicitations;

 

       Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

 

       Viruses, corrupted data or other harmful, disruptive or destructive files; or

 

       User Content that, in the sole judgment of PublicPriorArt.org, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose PublicPriorArt.org or our users to any harm or liability of any type.

 

You further agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Services.  You agree that you will abide by these Terms and will not:

 

       Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;

 

       Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users from the Services for the purpose of sending spam or other commercial messages;

 

       Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;

 

       Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);

 

       Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;

 

       Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose;

 

       Engage in any harassing, intimidating, predatory or stalking conduct;

 

       Develop any third-party applications that interact with User Content and the Services without our prior written consent; and

 

       Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.

 

PublicPriorArt.org is not responsible or liable for the conduct of, or your interactions with, any users of the Services (whether online or offline), nor is PublicPriorArt.org responsible or liable for any associated loss, damage, injury or harm.  Enforcement of these Site Terms is solely in PublicPriorArt.org 's discretion, and the absence of enforcement of these Site Terms in some instances does not constitute a waiver of PublicPriorArt.org's right to enforce these Site Terms in other instances.  At the same time, PublicPriorArt.org encourages you to report User Content that violates these Site Terms by emailing us at dmca@publicpriorart.org.  In addition, these Site Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Site Terms.  As a provider of interactive services, PublicPriorArt.org is not liable for any statements, representations or User Content provided by our users through the interactive area of the Services.  Although PublicPriorArt.org has no obligation to screen, edit or monitor any User Content, PublicPriorArt.org reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.

 

Any use of the Services in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Services.

 

8.     Rights in User Content

 

You retain all ownership rights in the User Content you submit to or post on PublicPriorArt.org.  By submitting or posting User Content on the Services, you grant PublicPriorArt.org a nonexclusive, royalty-free, transferable, worldwide and fully sublicensable right to use, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content for the purposes of operating, developing, providing and using the Services.

 

By posting User Content to the Services, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule or regulation.

 

9.     Advertisements and Promotions; Third-Party Products and Services

 

PublicPriorArt.org may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site.  PublicPriorArt.org does not endorse or make any representations or warranties regarding any third party products, services, promotions or vendors.  Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party.  PublicPriorArt.org is not responsible or liable in any manner for any third party products or services, for any loss or damage of any sort incurred as the result of any products, services, dealings or promotions or as the result of the presence of such third party advertisers or third party information on the Site.

10.   Feedback

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about PublicPriorArt.org and Services (collectively, "Feedback").  Feedback, whether submitted through the services or otherwise, are non-confidential and shall become the sole property of PublicPriorArt.org.  We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

11.   Indemnification

 

You agree to defend, indemnify and hold harmless PublicPriorArt.org and our partners, independent contractors, service providers and consultants and our respective directors, officers, employees and agents (collectively, the "PublicPriorArt.org Parties") from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to:  (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Services; (c) any Feedback you provide; (d) your violation of these Terms; or (e) your violation of the rights of another.

 

12.   Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY PUBLICPRIORART.ORG, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  PUBLICPRIORART.ORG DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.  PUBLICPRIORART.ORG DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.  PUBLICPRIORART.ORG DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

PUBLICPRIORART.ORG IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY.  WHILE PUBLICPRIORART.ORG ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, PUBLICPRIORART.ORG CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

 

PublicPriorArt.org reserves the right to change any and all content contained in the Site and to modify, suspend  or discontinue the Site or any Services offered through the Site or any features or functionality of the Site or the Services at any time without notice and without obligation or liability to you.  Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by PublicPriorArt.org.

13.   Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL PUBLICPRIORART.ORG, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM PUBLICPRIORART.ORG, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PUBLICPRIORART.ORG'S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PUBLICPRIORART.ORG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES OR TO THESE SITE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PUBLICPRIORART.ORG FOR ACCESS TO OR USE OF THE SITE.

14.   Applicable Law; Arbitration

 

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH PUBLICPRIORART.ORG AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

 

You and PublicPriorArt.org agree to arbitrate any dispute arising from these Site Terms or relating to the Services, except that you and PublicPriorArt.org are NOT required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents.  ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.  You and PublicPriorArt.org agree to notify each other of any dispute within thirty (30) days of when it arises.  Notice to PublicPriorArt.org shall be sent to PublicPriorArt.org, Attn: DMCA Agent, 3900 N. Capital of Texas Hwy., Suite 175, Austin, TX 78746.  You and PublicPriorArt.org agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Austin, Texas; and (c) that arbitration will be administered by AAA in accordance with the Expedited Procedures of the Commercial Arbitration Rules; and (d) that the state or federal courts in Travis County, Texas  have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration.  Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.  Any dispute between the parties will be governed by these Site Terms and the laws of the State of Texas and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.  WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND PUBLICPRIORART.ORG WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.

15.   Termination

Notwithstanding any of these Site Terms, PublicPriorArt.org reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.

16.   Severability

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

 

17.   Contact Us

If you have any questions or concerns regarding these Site Terms or our Services, please contact us at dmca@publicpriorart.org.