Last modified June 1, 2009
The following Terms of Service govern Anianetís (SM) provision of service to you. You must agree to the Terms of Service in order to use the Anianet service. By accessing or using our web site at http://www.anianet.com (the "Site" or the 'Service'), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Service ("Terms of Service" or "Agreement"), whether or not you are a registered member of Anianet. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. You can find the current version of the Terms of Service at: www.anianet.com/go/network/tos, and we will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
Eligibility
Anyone may access the anianet.com web site and browse selected aspects of the Site. Membership in the Service, which includes the ability to create a member profile and post User Content, as well as to access certain restricted aspects of the Site, is intended solely for those meeting the following eligibility requirements: Members must be 18 or older. Members must be professors, researchers, scholars, graduate students, undergraduate students, scientists, clinicians and others whose primary career focus is scholarly research. Members must be either (a) affiliated with a Chinese institution of higher learning, research facility, or other research-oriented entity, or (b) be a Chinese national affiliated with an institution of higher learning, research facility, or other research-oriented entity abroad.
Any Member registration by anyone not meeting the eligibility requirement is unauthorized, unlicensed and in violation of these Terms of Service. Anianet reserves the right to terminate the accounts of or ban persons who violate these membership requirements with or without notice to the terminated or banned persons.
Registration Data and Membership Information
In consideration of your use of the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Anianet, to keep it accurate, current and complete; (d) be fully responsible for all use of your account and for any actions that take place using your account; and (e) immediately notify Anianet of any unauthorized use of your password or any other breach of security related to the Service. Anianet reserves the right to require you to alter your password if Anianet believes that your password is no longer secure. Anianet shall not be liable for any loss or damage arising from your failure to adequately safeguard your password or for any actions occurring under your password.
Site Content
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), as well as the Anianet word mark, the Anianet logo, and certain other of the names, logos, colors and materials displayed on or through the Service that constitute trademarks, tradenames, service marks, trade dress or logos ("Marks") are the proprietary property of Anianet, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Anianet's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Service and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Anianet, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
User Content
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("User Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated. This means that you, and not Anianet, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Service. Anianet does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Anianet be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, an Anianet official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 12 above.
You acknowledge that Anianet may or may not pre-screen User Content, but that Anianet and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any User Content that is available via the Service. Without limiting the foregoing, Anianet and its designees shall have the right to remove any User Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content created by Anianet or submitted to Anianet, including without limitation information in Anianet Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that Anianet may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Anianet, its users and the public.
You understand that the technical processing and transmission of the Service, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Anianet and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Anianet.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Anianet an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that Anianet may retain archived copies of your User Content. Anianet does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Copyright Complaints
Anianet respects the intellectual property of others and we ask members and visitors to do the same. Upon proper notice, Anianet will remove User Content that violates copyright law, will suspend access to the Service (or any portion thereof) to any user who uses the Service in violation of copyright law, and will terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. section 512, Anianet has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send Anianet's copyright agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit Anianet to locate the material on the Service; (c) information reasonably sufficient to permit Anianet to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Please send a notification of claimed infringement with all of above enumerated information to the following Anianet copyright agent: copyright@anianet.com. Please do not send inquiries unrelated to alleged copyright infringement to Anianet's designated agent.
General Practices Regarding Use And Storage
You acknowledge that Anianet may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded User Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Anianet's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Anianet has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted by the Service. You acknowledge that Anianet reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Anianet reserves the right to modify these general practices and limits from time to time.
Modifications To Service
Anianet reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Anianet shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Termination
You agree that Anianet may, under certain circumstances and without prior notice, immediately terminate your Anianet membership, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Service. Further, you agree that all terminations for cause shall be made in Anianet's sole discretion and that Anianet shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
User Disputes
You are solely responsible for your interactions with other Anianet users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Site Messages
Anianet users may choose to sign up to receive a variety of messages from the Service, to be delivered via email, RSS feed, or other mechanisms. In addition, the Service may, from time to time, send messages to Anianet users regarding new content, features, services, or other opportunities. In doing so, Anianet will take reasonable measures to ensure opt-out mechanisms are included in such announcements. Your acceptance of these Terms of Service constitutes an 'opt in' to Anianet messages.
Dealings With Third Parties
Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Service (including, but not limited to, advertisers), including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Anianet shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.
Links
The Service may provide, or third parties may provide, links to other web sites or resources. Because Anianet has no control over such sites and resources, you acknowledge and agree that Anianet is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Anianet 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
Anianet's Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Anianet or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Anianet grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Anianet for use in accessing the Service.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Anianet are non-confidential and shall become the sole property of Anianet. Anianet shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Privacy Policy
By accessing or using our web site at www.anianet.com (the "Site" or the 'Service'), you confirm your agreement to these Terms of Service and consent to our collecting and using any information we obtain about you in accordance with the provisions of our Privacy Policy. The complete Anianet Privacy Policy may be found at www.anianet.com/go/network/privacy.
Disclaimers
Anianet is not responsible or liable in any manner for any User Content or third party applications, software or content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by Anianet, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or third party applications, software or content. Anianet is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Anianet assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Anianet is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the Service. Under no circumstances will Anianet be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or third party applications, software or content posted on or through the Site or the Service or transmitted to Members or other users, or any interactions between users of the Site, whether online or offline.
The Site, the Service, any platform applications and the site content are provided "as-is" and Anianet disclaims any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Anianet cannot guarantee and does not promise any specific results from use of the Site and/or the service and/or any platform applications. Anianet does not represent or warrant that software, content or materials on the Site, the Service or any platform applications are accurate, complete, reliable, current or error-free or that the Site or its Servers, or any platform applications are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data or software (including any mobile client) from or through the Service and any platform applications at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.
Anianet reserves the right to change any and all content, software and other items used or contained in the Site and any services and applications offered through the Site at any time without notice. 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 Anianet.
Limitation of Liability
You expressly understand and agree that to the fullest extent permitted by applicable law, in no event will Anianet or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents or licensors be liable under any theory of liability (whether in contract, tort, statutory or otherwise) for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your (or anyone using your account's) use of the Service, any platform applications or, any of the site content or other materials on, accessed through or downloaded from the site.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Anianet may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Anianet's liability shall be the minimum permitted under such applicable law.
Indemnification
You agree to indemnify, defend, and hold Anianet and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Anianet or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.
Disputes
These Terms of Service shall be construed and enforced in accordance with the laws of the State of California without regard to any choice of law or conflict of laws principles or rules, regardless of where you live. You agree that any and all disputes or controversies of any nature between Anianet and you arising from or relating to the Service must be submitted to JAMS for binding arbitration under its Streamlined Arbitration Rules and Procedures ("Rules"). Such arbitration will be held in San Francisco County, California, before a single arbitrator in accordance with California Code of Civil Procedure ßß 1280 et seq. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. The arbitrator shall have the power to enter temporary restraining orders and preliminary and permanent injunctions. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator's award; provided, however, the foregoing shall not prevent Anianet from seeking injunctive relief in a court of competent jurisdiction. Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek or obtain injunctive or other equitable relief or any order to enjoin, restrain or otherwise impair in any manner the Service, or the use, publication or dissemination of any advertising in connection with the Service. The parties hereby waive their right to jury trial with respect to all claims and issues arising from or relating to these Terms of Service, the breach thereof and the scope of the provisions of this section, whether sounding in contract or tort, and including any claim for fraudulent inducement thereof.
Change of Control
In the event of a merger, acquisition or sale of all or substantially all of Anianet's assets or the Service to a subsequent owner or operator, your continued use of the Service signifies your agreement to be bound by any Terms of Service, user agreement, privacy policy or other posted policies of the subsequent owner or operator of the Service.
Miscellaneous
These Terms of Service, together with any other rules or guidelines posted in connection with the Service, constitute the entire and exclusive and final statement of the agreement between you and Anianet with respect to the subject matter hereof, and govern your use of the Service, superseding any prior agreements or negotiations between you and Anianet with respect to the subject matter hereof. The failure of Anianet to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms of Service is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms of Service shall continue in full force and effect.
Anianet reserves the right to terminate the accounts of or ban persons who violate these Terms of Service with or without notice the terminated or banned persons.