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Terms of Service

Updated March 17, 2011

Your use of Festology ("the Service"), as an account holder, account holder’s designee or user, implies the acceptance of these terms. Read the terms of use before using the Service. Science Bistro LLC (the "Company"), which provides the Service, reserves the right to update terms without notice. By continuing to use the Service, you agree to be bound by the updated terms. These terms supersede any previous agreement between you and the Company. You may not use the Service if you are not of legal age to enter into a legally binding agreement or if you are legally barred from using the Service.

If you have downloaded and/or installed the Service and you no longer agree to the terms of service, you must remove all instances of the Service, including stored copies.

ACCOUNTS AND COSTS
This Service is intended for adults over the age of 18.

You may register an account or the Company may create an account for you to allow you access to this Service. You agree that the information you provide is accurate and complete and updated in a timely manner when it changes.

The Service is not free. You may not use this Service in any way other than its licensed purpose and you may not transfer your obligations to these terms of use. The Service may be limited based on bandwidth, as outlined in the appropriate service plan. The cost of the Service may change at any time and the Company reserves the right to alter or discontinue the Service at any time. The Company aims to have pricing changes take effect in the first billing cycle 60 days after its announcement. No refunds will be provided.

You may cancel your account by emailing info at festology dot com. Your information will be deleted. Deletion is final and information will not be recoverable.

RESPONSIBILITY OF ACCOUNT HOLDERS AND USERS
The account holder or user shall have sole responsibility for "Content" entered into this Service. "Content" includes, but is not limited to text, photo, video, audio, code and digital data that is entered explicitly or implicitly via links or code.

Obscene, offensive, pornographic, defamatory, hateful, coercive, defamatory, injurious, libelous, objectionable, misleading, illegal, malicious, untruthful, unauthorized or otherwise improper Content may not be entered into this Service. Content must not violate privacy or intellectual property rights. Account holders and users must not impersonate, misrepresent, intimidate, threaten, stalk, spam, abuse, or harass others. Account holders and users must comply with all local laws pertaining to online content and online conduct. Violations shall be reported and accounts shall be terminated without compensation or refund.

For advertising-supported accounts, Content must adhere to Google’s AdSense program content guidelines:
https://www.google.com/adsense/support/bin/answer.py?hl=en&answer=48182

Users may be exposed to inappropriate content and as such, use of the Service is at the user’s own risk.

Duplication, retransmission, transfer, redistribution, leasing, loaning, sale, rental, modification, disassembly, preparation of derivative works, commercial exploitation, copy storage, sharing over any network, publication, decompilation, code extraction, reverse engineering, exploitation, abuse or disruption of this Service, in whole or in part, is prohibited. Failure to prevent any of these actions is prohibited.

ACCOUNT SECURITY
You are expected to act in a responsible manner when using the Service and to keep access to your account and account information, including your email, username and password, confidential and secure. You shall be responsible for any actions taken by your account, including actions of another user who’s obtained access to your account. These actions may include the purchase of goods and services.

ACCESS, ADVERTISING AND REPRESENTATION
You agree to not access or to provide access to this Service, in whole or in part, by any means other than those explicitly provided by the Company. This Service, in whole or in part, must not be repurposed or framed by a third party including but not limited to advertisers, aggregators and social networking sites, nor should a third party give the appearance of receiving an endorsement by this Service or the Company. No third party should make use of the Service in any way that infringes upon the Company’s rights, such as copyright. You will not access or attempt to access this Service using automated tools, including but not limited to web crawlers and bots.

Under some plans, the Company may include advertising on the Service in accordance with the Privacy Policy.

Any hosted Content from the Service that is displayed outside the Service must include a link to the Service.

TERMINATION, DELETION AND EDITING
The Company reserves the right to terminate or limit your account at any time for any reason without compensation, refund, reimbursement or liability. The Company may delete, filter or edit Content or themes at any time for any reason with no liability to you. The Company may delete inactive accounts. Deleted accounts may be reclaimed by new users.

COPYRIGHT AND INTELLECTUAL PROPERTY
This Service, including its code, content, media assets and design, is the intellectual property of the Company and is protected by copyright laws of the United States and other countries. The Service may also transmit confidential information, which is your responsibility to keep confidential. The Company may have no control over media linked from the Service and you agree that the Company has no responsibility or liability for the external media or for the reliability of the external media.

By entering Content into the Service, you grant the Company a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to store, promote, syndicate to third parties, adapt and display the Content in public to all or subgroups of Internet users not limited to the account holder’s pages. You confirm that you have obtained the appropriate rights for posted Content (text, images, video and other media) to satisfy this license. The Company does not claim intellectual property rights over the Content. Removal of the Content will limit but may not completely prevent its storage, promotion, syndication, adaptation or display.

You agree that the Company reserves the right to review, flag, filter, moderate, edit, refuse or delete Content to verify that these terms are being followed or as a means of providing support, but the Company is not obliged to do so. The Company shall not claim intellectual property rights for Content entered by the account holder or account holder’s representatives into the Service.

You may not obscure, alter or remove notices of property rights.

NO LIABILITY AND NO WARRANTY FOR "AS IS" SERVICE
This Service is provided "as is", with no warranty of any kind. This Service does not guarantee continuous uptime, reliable functionality, error-free programming, security or non-malicious Content, such as viruses or worms, nor does it guarantee the accuracy, reliability, completeness or timeliness of information posted, linked or embedded by the Company or its representatives. The Company has no obligation to correct information. The Company shall not be responsible for actions taken upon this Service that depend on uptime, error-free programming or accurate information. The Company shall not be liable to the account holder, user or any third party for alteration or discontinuation of the Service or for a change in the price of the Service. It is the account holder’s responsibility to ensure that themes are functional.

Your use of this Service waives any claims against the Company for any claim, loss, injury, liability or damage, whether direct, indirect, incidental, consequential, special, punitive or exemplary, including but not limited to loss of income, business, goodwill or data. You agree to use this Service at your own risk. You agree to hold harmless and indemnify the Company, its managers, employees, associates, funders and affiliates from any losses, any damages, any expenses or any liability under all circumstances, including the failure for the account holder or account user to oblige by the terms of use. You shall also be held solely responsible for Content posted by your account, including any liability or harm caused by the posting of Content, not limited to any loss or damage that the Company may suffer as a result.

SOFTWARE UPDATES
The Company frequently updates the Service and does so without notice. You agree to receive updates without notice.

SUPPORT
Service does not assure any level of technical support. In cases where technical support is provided, the Company will not be liable for the communication of erroneous information.

CLAIMS
Any claim against the Company shall be limited to the amount you paid the Company for use of the Service.

MODIFICATION OF TERMS
The only way you can modify these terms is to receive explicit written approval from the Company.

TERMINATION OF TERMS
The user may cease to use this Service, but all terms of use shall survive termination at the Company’s discretion.

JURISDICTION AND SEVERABILTY
These terms shall be governed by the laws of the State of New York and the United States. The venue for actions to enforce these terms shall be in state or federal courts located in Kings County, New York. The Company shall be allowed to seek equitable remedies other urgent legal solution in any jurisdiction it chooses. If a term is found to be invalid or unenforceable, the other terms shall continue to be valid. If the Company does not enforce a term, in part or in whole, this does not constitute a waiver for the term.

PRIVACY
You agree to use this Service in accordance with its Privacy policy.

CONTACT
The agree that the Company may contact you with notices about emergencies or changes to the Service or terms by email, or mail, but is not obliged to do so.

If you believe your copyright has been violated by the Company or a user of this Service, if you spot a violation of the terms of use or if you suspect abuse, please contact info at festology.com.

MORE INFORMATION
Go to http://festology.com for pricing and plans, setup instructions and additional help.
http://festology.com
http://sciencebistro.com

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