Terms of Service

Welcome to Open Therapeutics! We are proud to have you here.

These Terms of Service (“Terms”) apply to your use of Open Therapeutics’ websites, products, and services. Please read them carefully. Let us know if you have questions.

By using Open Therapeutics and its products, you agree to be bound by these Terms. If you are using Open Therapeutics on behalf of an organization, you agree to these Terms on behalf of that organization.

Content

United States and other intellectual property laws protect all content on Open Therapeutics’ websites including its Therapoid platform. You will find a few different types of content on our service.

Open Therapeutics provides a platform that enables scientific work-flow collaboration and offers open synthetic biology-based biopharmaceutical technologies.

At Open Therapeutics, we want to enable scientific experts to save lives, eliminate and remediate pollutants, and drive an entrepreneurial spirit for adopting synthetic biology-based technologies within an open platform, resulting in higher quality, lower cost, and more up-to-date and relevant biopharmaceuticals. Through the free exchange of scientific knowledge and research, our platform crowd-sources the global community around open technologies.

Our approach is open-source because we have, in essence, utilized the licensing and contractual arrangements already successfully used in open source programming and synthetic biology.  Genetically modified organisms and associated technology are thus made freely available on condition that users agree to abide by similarly open source licenses and contracts if and when they enter into agreements with outside third parties.  Similarly, we have also adopted a range of variations on this theme of open source license and contracts that allow for various forms of intellectual property protection.

Please read these Terms of Service (collectively with Open Therapeutics LLC’s Privacy Policy, Digital Millennium Copyright Act Policy and Open Therapeutics User and Leader Handbook, the “Terms of Service”) fully and carefully before using http://OpenTherapeutics.net (the “Site”), Open Therapeutics’ LLC Therapoid™ platform (the “Platform”) and the services, features, content or applications offered by Open Therapeutics LLC (“we”, “us” “our” or “Open Therapeutics”) (together with the Site and the Platform, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Services, whether you are an open source contributor (“Innovator”), a party interested in open source technologies (“Adopter”), or merely a visitor who is browsing the Services.

1. Acceptance of Terms of Service.

2. Registration.

3. Description of Services.

4. Sharing Technologies

5. Sharing Content.

6. Intellectual Property.

7. Fees.

8. Rules of Conduct

9. Special Rules and Message Deletions.

The Open Therapeutics Administrators (collectively, “OT Admin”) reserve the right to disable and/or remove any board at any time.  Scientific Community Leaders of specific communities and boards are allowed to immediately remove any post that falls into the following categories: Threat, Off-Topic, Vulgarity, Privacy Violation, Spam, Personal Attack, or Duplicate. Scientific Community Leaders of communities and boards in the Premium area of the Site are allowed to remove any post. Hidden/removed posts may be reviewed by OT Admin and either left removed or restored. We do reserve the right to intervene if we see blatant abuse of these features. Users have the ability to review their posts removed within the past two weeks. Should you have a post removed, and you object or desire an explanation, your sole recourse is to address this matter privately with an OT Admin as described on the “My Removed Posts” page. Discussion of post deletions and Leader/admin actions is not permitted on the message boards. No post can be removed by a Leader after a 48-hour period starting from the post’s timestamp. Scientific Community Leaders of premium boards have the ability to ban anybody from their board. Private Messages that you receive are not to be posted publicly unless you have prior permission from the author. 

10. Privacy.

Open Therapeutics takes the privacy of our users very seriously. For more information about how we treat the information we collect from you, please view our privacy policy at https://opentherapeutics.net/en/legal/privacy-policy/. Additionally, as part of a transaction, you may obtain personal information, including email address and other indentifying information, from another Open Therapeutics user. Without obtaining prior permission from the other user, this personal information shall only be used for communication related to Open Therapeutics or the course and/or institution through which you are connected to the other user. Open Therapeutics has not granted you a license to use the information for unsolicited messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Open Therapeutics user to your email or physical mail list

11. Third Party Services.

The Services may permit you to link to other websites, services or resources on the Internet, and websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we 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 the use of or reliance on any such content, goods or services available on or through any such website or resource.

12. Termination.

13. Warranty Disclaimer.

14. Indemnification.

Except to the extent prohibited by applicable statutory law, you shall defend, indemnify, and hold harmless us, our Affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, Technologies, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

15. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPEN THERAPEATICS, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OPEN THERAPEUTICS OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED TO: (A) THE USE OR THE INABILITY TO USE THE WEBSITE (OR ANY HYPERLINKS), ENTER OR PARTICIPATE IN ANY ONLINE CONTESTS, PARTICIPATE IN ANY BULLETIN BOARDS, CHAT ROOMS OR OTHER DISCUSSION AREAS, OR USE ANY OTHER CONTENT OR SERVICES, INCLUDING, BUT NOT LIMITED TO, WHETHER THE CONTENT OR SERVICES ARE ERROR-FREE, ACCURATE AND/OR CURRENT; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS, CONDUCT, OPINIONS OR ADVICE OF ANY USER OR OTHER THIRD PARTY ON THE WEBSITE; OR (E) ANY OTHER MATTER RELATING TO EITHER THE WEBSITE SPECIFICALLY (INCLUDING ITS MATERIALS, CONTENT, INFORMATION, SERVICES, AND ADMINISTRATION) OR THE INTERNET GENERALLY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16. Governing Law and Jurisdiction.

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Ohio, excluding its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Hamilton County, Ohio.

17. Modification.

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.

18. Miscellaneous.

Effective Date of Terms of Service: December 8, 2016

Copyrighted Open Therapeutics (DMLP), http://www.dmlp.org, under Creative Commons Attribution-Noncommercial-ShareAlike 3.