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Use of NCG Websites
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Exelixis Media reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from the NCG Websites.
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You agree not to use the NCG Websites (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law; (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the NCG Websites or servers or networks connected to the NCG Websites. You further agree not to (1) use any data mining, robots, or similar data gathering or extraction methods in connection with the NCG Websites; or (2) attempt to gain unauthorized access to any portion of the NCG Websites or any other accounts, computer systems, or networks connected to the NCG Websites, whether through hacking, password mining, or any other means.
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Limitation of Liability
IN NO EVENT WILL ANY OF THE EXELIXIS MEDIA PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE NCG WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE NCG WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY EXELIXIS MEDIA PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Exelixis Media Party 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 the Exelixis Media Party’s liability shall be the minimum permitted under such applicable law.
Modifications to NCG Websites
Exelixis Media reserves the right to modify, suspend, or discontinue the NCG Websites at any time without notice to you.
Exelixis Media publishes user contributed content in the form of blog posts and comments (each, a “Partner Contribution”). By providing blog posts via the NCG Program, comments or other content to the site, the contributor agrees to give Exelixis Media a perpetual, non-exclusive license to the content that Exelixis Media publishes; you grant Exelixis Media an irrevocable, perpetual, non-exclusive, fully-paid, worldwide, license to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Partner Contributions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use your Partner Contribution in any manner and for any purpose (including, without limitation, commercial purposes) that Exelixis Media deems appropriate in its sole discretion (including, without limitation, to incorporate your Partner Contribution or any modification thereto, in whole or in part, into any technology, product, or service). Exelixis Media reserves the right to display advertisements in connection with Partner Contributions and to use Partner Contributions for advertising and promotional purposes. Exelixis Media may, but is not obligated to, pre-screen Partner Contributions or monitor any area of the NCG Websites through which Partner Contributions may be published. You agree that you are solely responsible for all of your Partner Contributions. Exelixis Media is not required to host, display, or distribute any Partner Contributions on or through the NCG Websites and may remove at any time or refuse any Partner Contributions for any reason. Exelixis Media is not responsible for any loss, theft, or damage of any kind to any Partner Contributions. Exelixis Media does not want to receive any Partner Contribution that is confidential. You understand and agree that any Partner Contribution will be considered non-confidential and non-proprietary and that Exelixis Media will be free to disclose your Partner Contribution to any third party absent any obligation of confidence on the part of the recipient. Exelixis Media does not guarantee that you will have any recourse through Exelixis Media or any third party to edit or delete any Partner Contribution that is published. By contributing you agree to be solely responsible for the content of all information you contribute or link to and release Exelixis Media from any liability related to your use of the Website.
By contributing any Partner Contribution, you represent and warrant that:
- you are at least 18 years old;
- you own all rights in your Partner Contributions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your Partner Contributions) or, alternatively, you have acquired all necessary rights in your Partner Contributions to enable you to grant Exelixis Media the rights in your Partner Contributions described herein;
- you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your Partner Contributions;
- you are the individual pictured and/or heard in your Partner Contributions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your Partner Contributions to grant the rights to Exelixis Media described herein;
- your Partner Contributions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- you voluntarily agree to waive all “moral rights” that you may have in your Partner Contribution;
- any information contained in your Partner Contribution is not known by you to be false, inaccurate, or misleading;
- your Partner Contribution does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- your Partner Contribution is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
- you were not and will not be compensated or granted any consideration by Exelixis Media for submitting your Partner Contribution;
- your Partner Contribution does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
- your Partner Contribution does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- your Partner Contribution does not contain any information that you consider confidential, proprietary, or personal;
- your Partner Contribution does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- you are solely responsible for the content of all information you contribute, link to; and
- you release and indemnify Exelixis Media and sponsors of NCG Websites from any claims and/or liability related to your use of those Websites.
By joining the NCG Program you furthermore agree to the following:
- Contributors may cease contributing new content at any time by emailing the site editorial team.
- Exelixis Media reserves the right to not publish contributed content at Exelixis Media discretion.
- Exelixis Media will attribute content to the author.
- Exelixis Media will not modify content in a way that it would legally constitute a “derived work”.
- Exelixis Media reserves the right to syndicate all contributed content in summary form via RSS to third parties.
- All contributed content may contain the author’s byline, a very brief biography of the author, and, in the case of material provided to us via RSS from the author’s own blog, a link back to the original post in the footer of the full post.
- Contributing authors are solely responsible for the originality and accuracy of their submissions.
- Exelixis Media has a zero-tolerance policy for plagiarism. Exelixis Media recognizes that blogging is a heavily referential medium and that bloggers frequently cite and quote from each other’s work. Such citations might be protected under the legal doctrine of fair use. However, Exelixis Media will remove any post that crosses the line from fair use to plagiarism, at Exelixis Media sole discretion. Authors who knowingly submit plagiarized work may be banned from Exelixis Media communities.
- Exelixis Media reserves the right to remove any sharing links or advertising accompanying contributed posts.
- Exelixis Media reserves the right to set fonts and styles, adjust image alignments, and otherwise alter post layout to insure that posts comply with Exelixis Media global site styling.
- From time to time, Exelixis Media may need to display summary versions of contributed content. In such cases, Exelixis Media may edit posts in summary form. Such summaries will contain a link to the full and unaltered post. In such circumstances, Exelixis Media will strive to preserve the original meaning and intent of the content.
- Exelixis Media reserves the right to edit post headlines for clarity or search engine optimization (keyword inclusion).
- Exelixis Media reserves the right to make corrections for spelling and grammar.
- Exelixis Media reserves the right to reproduce blogger bios and accompanying pictures in Exelixis Media marketing and promotional materials.
Exelixis Media communities are intended to enable lively but civil interaction. Use of language that is abusive, off-topic, uses excessive foul language, or includes ad hominem attacks will not be tolerated. Exelixis Media reserves the right to determine what constitutes inappropriate behavior and to bar offenders at its sole discretion. Exelixis Media reserves the right to block or remove postings or communications at any time at Exelixis Media sole discretion.
Links to third-party websites
Some links on NCG Websites may link to third-party sites. Such links are provided solely as a convenience to you. If you use these links, you will leave the NCG Websites. Exelixis Media is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites or their content (or the products, services, or content available through the same). Thus, Exelixis Media does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the NCG Websites, you do so entirely at your own risk.
Linking to this Site
You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Absent Exelixis Media written authorization otherwise, a website that links to this Site:
- may link to, but shall not replicate, any copyrighted or proprietary content of the NCG Websites (including any Exelixis Media logo);
- shall not create a browser or border environment around any content of the NCG Websites;
- shall not imply that Exelixis Media endorses such website or any products, services, or content available through such website;
- shall not misrepresent its relationship with Exelixis Media;
- shall not present false or misleading information about Exelixis Media, its products, or its services;
- shall not contain content that could be construed as distasteful, offensive, or controversial; and
- shall contain only content that is appropriate for all age groups.
Exelixis Media and any other product or service name or slogan or logo contained in the NCG Websites are trademarks of Exelixis Media or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Exelixis Media or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with Exelixis Media or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing any name, trademark, or product or service name of Exelixis Media without Exelixis Media 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 Exelixis Media and may not be copied, imitated, or used (in whole or in part) without Exelixis Media prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Exelixis Media.
Procedure for making claims of infringement
Exelixis Media respects the intellectual property rights of others. Accordingly, Exelixis Media has a policy of removing Partner Contributions that violate copyright law, suspending access to the NCG Websites (or any portion thereof) to any user who uses the NCG Websites in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the NCG Websites in violation of copyright law. Exelixis Media has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims. If you believe your copyright or other intellectual property right is being infringed by a user of the NCG Websites, please provide written notice to the following Exelixis Media agent for notice of claims of infringement:
.NET Code Geeks
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Exelixis Media to locate that material; (d) contain adequate information by which Exelixis Media can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
International and export issues
Exelixis Media makes no representation that the NCG Websites is appropriate or available for use outside the United States and access to the NCG Websites from territories where its contents are illegal or restricted is prohibited. If you choose to access the NCG Websites from outside the United States, you do so on your own initiative and are responsible for compliance with applicable Laws.
When you visit the Site or send e-mails to Exelixis Media, you are communicating with Exelixis Media electronically. Exelixis Media may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that Exelixis Media provides to you electronically satisfy any legal requirement that such communications be in writing.